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Articles and publications

Articles: 246
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Division of property opportunity after 3 years from divorce

Karina Duvall
According to the Russian Federation Law any possible claims Ms. Smith to Mr. Smith in the competent Russian Federation court has no judicial prospects due to three years limitation periods since Ms. Smith did not use her right to file claims for division of property during divorce proceedings in 2008 and also within three years after divorce, although she knew about it, since acted as the initiator of the divorce, which indicates the absence of a dispute on the division of property between Mr. and Ms. Smith. Read More »

How the incredible situation became lawful and correct because of the decision of Supreme Court of Ukraine

Appellate prectice
This fabulous decision Banduryst vs. Mekeda (Supreme Court of Ukraine, 2017) became case law in Ukraine and was used by me for my expertise in the immigration procedure in the United States to confirm legitimacy of the marriage which was registered in Ukraine while parties were in the United States. Read More »

The marriage without physical presense in Ukraine is valis or not?

Karina Duvall
The Supreme Specialized Court of Ukraine for Civil and Criminal Cases came to the same conclusion in its Decision regarding the civil case № 380/1576/15-ц on September 20, 2017. In paragraph twenty five of the Decision the Supreme Specialized Court of Ukraine for Civil and Criminal Cases states:

“.... the legal relations that arose between the parties regarding the registration of their marriage on November 20, 1999 are regulated by the Code Marriage and Family of Ukraine № 2006-VII, the norms of which do not provide for marriage to be unconcluded or invalid on the grounds of absence of the groom and (or) bride during marriage registration”. Read More »

Divorce with Russian girl

Karina Duvall
At the court session, the Plaintiff’s attorney Karina Duvall insists on the claims under the lawsuit in full volume. Having confirmed the grounds and arguments described in the lawsuit. No reconciliation between the parties was reached. They lived together from June 2017 no more than 10 months. They have different visions of life. There is also a territorial remoteness. Read More »

Extract from an appeal under the child custody case

Karina Duvall
According to Principle 6 of the Declaration of the Rights of the Child was adopted by all 78 Member States of the United Nations General Assembly in Resolution 1386 (XIV) dated November 20, 1959, a child of tender years shall not, save in exceptional circumstances, be separated from his mother. No such exceptional circumstances as applied to Principle 6 of the Declaration of the Rights of the Child have been provided by the court.

Our legal position fully corresponds to the opinion of the Supreme Court. In particular, the ruling of the Judicial Chamber for Civil Cases of the Supreme Court of the Russian Federation No. 18-KG17-181 dated on December 19, 2017 canceled judicial acts on satisfaction of claims on determining the place of residence of a child/children due to the non-investigated option of his/her separation from his/her mother without impairing their physical and moral development. However, the court did not consider commissioning any psychological and pedagogical expertise typical for this category of cases. Read More »
Articles: 246
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