PROBLEMS OF LEGAL REGULATION OF THE DISPOSAL OF PROPERTY OF FORMER SPOUSES

The article analyzes the issues of interpretation and application of the legislation governing the disposal of the common property of former spouses. A brief analysis of the main theories existing in Russian legal science, related to the definition of the legal regime of this property after the dissolution of the marriage is given. A comparative analysis of existing doctrines is given. The existing judicial practice of the Supreme Court of the Russian Federation in the context of its comparison to the Supreme Court approaches to the adjudication of the adjacent categories of judicial disputes, including the division of marital property, is considered. The practical problems in the area of protection of property interests of former spouses, caused by existing contradictions in legislation and unstable judicial practice, are marked. The main idea of the article is the lack of social and economic prerequisites for changing the current legal practice of the procedure for disposing of joint property of former spouses after the dissolution of marriage, but before the division of property between them. The specified gap in the legal regulation of the management of joint property of former spouses leads to an imbalance in the degree of protection of the property interests of the former spouses and thus leads to a significant violation of their property rights. The latter, from the author’s point of view, in turn, leads to a significant violation of the fundamental principle of family law of the Russian Federation — the principle of equality of spouses. The proposals on improving the legislation, as well as different approaches to understanding the regime of property of spouses are considered, the significance of the legal status of the common property of spouses is emphasized.

family law, legislation, the interpretation of the rules of family law, the legal status of the property of spouses, property relations of former spouses, common joint property of spouses, the regime of property of spouses, the moment of the dissolution of marriage, the notarization of the consent of a spouse to the transactions, court practice.

Dobrovinsky A. A. Problems of legal regulation of the disposal of property of former spouses. Business. Education. Law, 2021, no. 1, pp. 293—301. DOI: 10.25683/VOLBI.2021.54.170.