Перевод в сфере семейного права

2. A court may also deem a marriage contract to be invalid in whole or in part at the demand of one of the spouses if the conditions of the contract place this spouse in an extremely unfavourable position. The conditions of a marriage contract violating other requirements of Article 42(3) of the present Code shall be void.

SECTION VII.

Article 161. Personal Nonproperty and Property Rights and Duties of Spouses

1.Personal nonproperty and property rights and duties of spouses shall be determined by legislation of the State on whose territory they have a joint place of residence, and in the absence of a joint place of residence, by legislation of the State on whose territory they had the last joint place of residence. Personal nonproperty and property rights and duties of the spouses who did not have a joint place of residence shall be determined on the territory of the Russian Federation by legislation of the Russian Federation.

2.When concluding a marriage contract or agreement concerning the payment of alimony to one another, spouses not having a common citizenship or joint place of residence may

choose the legislation subject to application in order to determine their rights and duties under the marriage contract or agreement concerning the payment of alimony. If the spouses have

not chosen the legislation subject to application to the marriage contract or to their agreement concerning the payment of alimony, the provisions of point 1 of the present Article shall apply.

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monetary amount or simultaneously in participatory shares (in accordance with Article 81 of the present Code) and in a lump sum monetary amount.

2.The amount of a lump monetary amount shall be determined by the court, proceeding from the maximum possible retention for the child of the former level of provision taking into account the material and family status of the parties and other circumstances deserving attention.

3.If children remain with each parent, the amount of alimony from one of the parents to the benefit of the other less provided for shall be determined in a lump monetary amount to be recovered monthly and determined by the court in accordance with point 2 of the present Article.

Article 84. Recovery and Use of Alimony for Children Left Without Care of Parents

1.Alimony shall be recovered for children left without the care of parents in accordance with Articles 81-83 of the present Code and shall be paid to the trustee (or guardian) of the children or to their foster parents.

2.Alimony to be recovered from parents for children left without the care of parents and situated in nurturing institutions, treatment institutions, institutions of social defence of the populace, and other analogous institutions shall be credited to the accounts of these institutions where they shall be taken into account individually for each child.

The said institutions shall have the right to place these amounts in banks. Fifty percent of the revenue from the dealings of the amounts of alimony received shall be used for the maintenance of children in the said institutions. When the child leaves such institutions the amount of alimony received for him and 50% of the revenue from the dealings therewith shall be credited to an account opened in the name of the child in a division of the Savings Bank of the Russian Federation.

Article 85. Right to Alimony of Children Who Have Reached Majority and Lack Labour Capacity

1.Parents shall be obliged to maintain their minor children who lack labour capacity and who need assistance.

2.In the absence of an agreement concerning the payment of alimony, the amount of alimony for minor children who lack labour capacity shall be determined by a court in a lump monetary sum subject to payment monthly, proceeding from the material and family status and other interests of the parties deserving attention.

Article 86. Participation of Parents in Additional Expenses for Children

1. In the absence of an agreement and when there are exceptional circumstances (grave illness, mutilation of minor children or of children who have reached majority, are needy, and lack labour capacity, the need to pay for outside care for them, and other circumstances), each of the parents may be enlisted by a court to participate in bearing the additional expenses caused by these circumstances.

The procedure for the participation of parents in bearing additional expenses and the amount of these expenses shall be determined by a court by proceeding from the material and family status of the parents and children and other interests of the parties deserving attention in a lump monetary amount subject to

payment monthly.

2. The court shall have the right to oblige the parents to take part both in the actual additional expenses incurred and in additional expenses which is it necessary to make in future.

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Unit 8.

Chapter VII.

Article 165. Adoption

1. The adoption, including the vacating of an adoption, on the territory of the Russian Federation by foreign citizens or stateless persons of a child who is a citizen of the Russian Federation shall be in accordance with legislation of the State of which the adoptive person is a citizen (in the event of the adoption of a child by a stateless person, in accordance with legislation of the State in which this person has a permanent place of residence) at the moment of riling the application concerning adoption or the vacating of the adoption.

When adopting on the territory of the Russian Federation by foreign citizens or stateless persons of a child who is a citizen of the Russian Federation, the requirements of Articles 124-126, Article 127 (except for point 1, paragraph eight), and Articles 131-133 of the present Code, taking into account the provisions of the international treaty of the Russian Federation on inter-State cooperation in the domain of the adoption of children, also must be Complied With [as amended by Federal Law No. 94-ФЗ, 27 June 1998].

The adoption on the territory of the Russian Federation by foreign citizens and stateless persons married to citizens of the Russian Federation of children who are citizens of the Russian Federation shall be done in the procedure established by the present Code for citizens of the Russian Federation unless provided otherwise by an international treaty of the Russian Federation [added by Federal Lam No. 94-ФЗ, 27 June 1938].

When adopting on the territory of the Russian Federation by citizens of the Russian Federation a child who is a foreign citizen, it shall be necessary to receive the consent of the legal representative of the child and competence agency of the State of which the child is a citizen, and also, if this is required in accordance with legislation of the said State, the consent of the child to the adoption, [as amended by Federal Law No. 94-ФЗ, 2T June 1998].

2.If as a result of adoption the rights of a child established by legislation of the Russian Federation and international treaties of the Russian Federation may be violated, the adoption may not be done irrespective of the citizenship of the adoptive person, and an adoption made shall be subject to being vacated in a judicial proceeding.

3.The defence of the rights and legal interests of children who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons beyond the limits of the territory of the Russian Federation, unless provided otherwise by an international treaty of the Russian Federation, shall be effectuated within the limits permitted by norms of international law by consular institutions of the Russian Federation in which the said children are recorded until they reach majority [added by Federal Law No. 94-ФЗ, 27 June 1998].

The procedure for the recording of children by consular institutions of the Russian Federation who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons shall be determined by the Government of the Russian Federation [added by Federal Law No. 94-ФЗ, 27 June 1998]

4.The adoption of a child who is a citizen of the Russian Federation and who is residing beyond the limits of the Russian Federation made by the competence agency of a foreign citizen of which the adoptive person is a citizen shall be deemed(or one of them) resided before the exit beyond the limits of the territory of the Russian Federation to be valid in the Russian Federation on condition of receiving the prior authorisation for the adoption from the agency of executive power of the subject of the Russian Federation on whose territory the child or his parents (or one of them) resided before the exit beyond the limits of the territory of the Russian Federation.

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APPENDIX 2

LISTENING COMPREHENSION SCRIPTS

Unit 2.

SCRIPT TO “COLLABORATIVE FAMILY LAW” (Duration 3,45 min.)

A:Well, the case can be international for a variety of reasons: we may simply have an English couple they live here but they have property in Spain where they are staying quite regularly. You may have a couple where one of them comes from a country other than England or where you are working abroad either you are English working in a different country or you not English and you are working here. All of those we can term international cases.

B:In London with the huge number of international managers but I would also include other disputes for example abduction, child abduction disputes, where children move from one country to the other and an international case can involve dispute relating to foreign property or assets.

A: We are very mobile world now and I’m finding in my own case law increasingly there is an international element very common indeed. And it’s not just in London and I think it’s important to stress that there are not just families with a lot of money, there we can see people in quite ordinary jobs having those kinds of international connections.

Interviewer: And why does it matter where you raise these cases?

B: It can matter terribly from a financial point of view. England sometimes is referred to as a divorce company?? Of the world a financial awards here can sometimes not be better than anywhere else and there’s given a rise to something known as forum shopping where potential divorcing parties often try to issue proceedings in jurisdiction which benefits them/

Interviewer: And I should I come to a Collaborative Family Law member?

A: In a word, the expertise I’ll try to sound very modest but we are all are the members of the International Academy of Matrimonial Lawyers and they recognize our expertise in the law of our own country but also access to the Worldwide network of family law experts .. so if somebody comes to me and says I’m getting divorced, I’d like a divorce, my husband’s from Germany and I’m not quite sure whether or not we should do it here or in Germany I can pick up the phone to somebody not somebody I found in a book but somebody I met and know, the instant advice on the situation there to guide us on how we are going to proceed.

B: Our task, our message is quite simple: to bring dispute resolution to complex and often international family cases.

Interviewer: The cross-border disputes must by their nature be very difficult is it always possible to introduce the collaborative approach successfully into these things?

D: It can be very difficult and quite often there would be proceedings, for example, steps taken by one party to secure jurisdiction but that does nor preclude the possibilities of the parties involved under the lawyers sitting around a collaborative round table and exploring a practical sensible way of resolving the issues that were reason or result of divorce or separation …..

Interviewer: What are the benefits of keeping under the collaborative system?

A: First of all, you control the agenda and what’s important because you were talking about what’s important to you not somebody else this is important and you reach an agreement, at the end of the day you reach an agreement that’s something you can both live with whereas you have a judge to impose the decision one of you may be happy, the other one may be very unhappy. Or as we find very often neither of you are exactly happy.

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Unit 5.

MONEY ISSUES ON DIVORCE

(duration 2,35 minutes)

When two people are divorcing, one of the most common questions that people want to answer, too, is on the financial side, and that is what am I going to get in terms of the financial settlements. The position in law is that the starting point of any division is an equal one. However, there are various circumstances that can mean we move away from an equal division. But every situation is different and we have to look at the particular circumstances of every case and then apply the legal principles.

The starting point in trying to reach an agreement on a financial division when coupls are divorcing is that you have to look at every asset – those within the marriage, everything does come into account, such as people’s bank accounts whether they are in their sole name, properties whether they are in their sole names, inheritancce, pensions, policies – everything. And before you would still lokk to decide what would constitute a fair settlement you have to look at everythingthere is because otherwise that could by its very nature mean you have an unfair ssettlement if you’ve forgotten to take something into account. So, the first step in the procedure we call a disclosure where you basically do disclose to each other what you have of a financial nature.

Once the financial position of the parties has been established then the next step is to reach an agreement. The parties are encouraged to reach that agreement directly between themselves but if they can’t achieve that then the next step would be if the lawyer’s to work hard upon their behalf to help them reach an agreement by negotitation. If that still doesn’t produce an agreement, then the next step in an application to the court we made when the judge would also make the decision for them.

There are a lot of myths surrounding what would constitute a fair settlement in divorce. And it is a very complex area of law. It is therefore essential if the parties do take specialist legal advice before entering into any form of a financial settlement.

(Alison Hill, Wooly and Co Solicitors, from UTube)

Unit 7.

CHILDREN AND DIVORCE

When the couple split up whether they are separating or divorcing it is often the children that are hit the hardest. It’s really important is that the parents put the interests of the children first and getting advice on how to do with the problems that arise is a very good idea. It’s often seen a better part of the picture if a lawyer can give you some advice about the duties and responsibilities that you have to your children if you’re going through separation or divorce. And it’s really important that you understand what the possible outcomes could be for your children and that you try to do it as reasonable as possible.

One concept that people often don’t understand is that of ‘parental responsibility’. “Parental respomsibility” means whether the parent has all the rights and duties, responsibilities in relation to the child. Not all parents have parental responsibilities autonmatically, it is important that you understand that whether you are a parent that does have that parental responsibility. Parents that do have parental responsibility have the right to have a say in all matters to do with the child’s welfare.

These days there is no such a thing as “custody”, it is replaced by the concept of “residence”/ “Residence” literally means where the children will live. The best solution is that which is agreed between parents. And there may be in a number of ways that they can achieve it either between themselves or with the assistance of something such as mediation where they go along and be assisted in negotiating arrangements. If they really can’t reach an agreement between themselves then either they may refer the issue to the court to be decided. The court wil apply a Welfair Checklist which contains a number of factors: the wishes of the child, the needs of the child, the wishes of the parents, but also will help to make a decision as to what they think is in the child’s best interest.

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The idea of “access” is now being replaced by the concept of “contact” and “contact” describes the arrangement whereby the child gets to spend time with the parent they don’t live with. As in all of these matters it’s better if te parents cacn reach an amicable arrangement between themselves or with the help of mediation. Often there can be such occassions where that’s not possible and the parent who is looking for the relationship with the child can is necessary refer to the court to decide what’s in the child’s best interest. “Contact” can be anything from letters and phone calls with the child throughperhaps supervised visits if there are factors that suggests that’s a good idea all the way through to the shared care arrangement where a child spends almost an equal amount of time with the parent. It’s important to remember that this is about what’s in best interest of the child and it is the child’s right to have the relationships with both parents rather than the parent’s right to have contacts with the child.

Child maintenance or child support as it’s commonly known is the ammount of money that’s paid from the parent who doesn’t live with the child to the parent who has care of the child most of the time. It arises whenever parents separate or divorce and is something which is as always best agreed between the parties. If the matter can’t be agreed between them, then it can always be referred on for them by the Child’s Support Agency as it’s used to be known and taken over by the Child’s Maintenance Enforcement Comission or CMEC. They will apply a certain percentage to the absent parent’s income to decide an amount that is payable to the person who looks after the child most of the time. Because it is just a statutory formula that is applied to the absent parent’s income it doesn’t realy bear any resemblance to the what is actually needed by the person who looks after that child. This can sometimes lead to disputes between parents on things like who’s going to pay for the school uniform, who’s going to pay for holidays, who’s going to pay for school shoes. This is why its so important that parents are able to reconciliate with each other and try and find sensible arrangements between themselves that really work in their circumstances.

If you’re separating or divorcing and you have children it’s really important that you get some professional advice about the issues that re going to arise to try to make sure you make arrangements which are the best for your children.

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ANSWER KEY

Unit 1.

Task 6.

1.by; in; for; of; to; of; upon; by.

2.of; about; of; of; to.

3.into; into; under; to; of.

4.at; to; by; at; in; of.

5.in; of; by; of; to; of; at; of.

6.to; for; of; after; of; of; of; of; of; to; of.

7.at; between; of; in; in.

Unit 2.

Task 1.

1 – e; 2 – f; 3 – d; 4 – c; 5 – a; 6 – g; 7 – b.

Task 6.

1.from; upon; as; as.

2.to; of; in; to; of; in.

3.as; for.

4.as; by; of; as.

5.of; to; to; to; at.

6.by; into; with; of.

Unit 3.

Task 7.

1.to; for; of; in; of; of.

2.on; by; to; under; in; of; of.

3.on; to; with.

4.within; of; on; of.

5.for; of; by; on; of.

6.on; of; on; of; for.

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Task 8.

1 – b; 2 – d; 3 – a; 4 – e; 5 – f; 6 – c.

Unit 6.

Task 7.

1 – g; 2 – i; 3 – e; 4 – f; 5 – c; 6 – d; 7 – a; 8 – h; 9 – b.

Unit 7.

Task 6.

1 – c; 2 – j; 3 – a; 4 – i; 5 – g; 6 – h; 7 – e; 8 – f; 9 – d; 10 – b.

Task 8.

1.against; in; of; of; of; to; for; to; of; for.

2.to; for; on; for; for; of.

3.on; of; to; to; of; in; of; to; to.

4.in; of; of; on; for; of; to; at; of.

5.against; for; of; for; of; for.

6.on; about; about; for.

7.in; with; on; to; in; about; for.

8.in; into; in; of; in; of; of.

Unit 8.

Task 8.

1 – custody; 2 – guardians; 3 – ward; 4 – custody; 5 – guardian.

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