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Articles: 237
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SAINT PETERSBURG CITY COURT

COURT RULING

Judge: ХХХХХХХХХХХХХХ

Judicial Division for Civil Case of Saint Petersburg City Court in the composition:

Chairperson – ХХХХХХХХХХХХХ, Judges: XXXXXXXXXXXX, XXXXXXXXXXXXX

Having considered in court session of February XX, 20XX the private complaint about Ruling of XXXXXXXXXXXXXX District court of Saint Petersburg dated December 25, 2008 as regards dismissal of application of Mr. XXXXXXXXXXXXXXXXXXXXX against XXXXXXXXXXXXXXXXXX for dissolution of marriage, recovery of alimony, and division of property jointly acquired in wedlock.

Having heard the report of judge Ms. XXXXXXXXXXXXXXX, explanations of attorney Ms. XXXXXXXXXXXXXX in favor of interests of XXXXXXXXXXXX, the representative of Ms. XXXXXXXXXXXX – XXXXXXXXXXXX acting by virtue of power of attorney dated October XX, 20XX.

Judicial Division for Civil Case of Saint-Petersburg City Court

HAS ESTABLISHED

Mr. XXXXXXXXXXXXXX applied to the court with the suit against Ms. XXXXXXXXXXX claiming dissolution of marriage, recovery of child support, division of property jointly acquired in wedlock.

The Ruling of XXXXXXXXXXXXX District court of Saint-Petersburg dated December XX, 20XX dismissed the suit of XXXXXXXXXXXXX.

In his private complaint XXXXXXXXXXXX asks to reverse the ruling, stating that the ruling has been determined unlawfully with violation of procedural law provisions.

Having examined the case papers, discussed the arguments of private complaint the Judicial Division believes that the ruling of the judge is subject to reversal.

When dismissing the suit the court was referring to provisions of cl. 1 o part 1 of Art. 134 of RF CPC and Art. 220 of RF CPC, specifying that the application is not subject to consideration and resolving in the civil procedure, since it was made with violation of jurisdiction rules, and must be considered in another proceeding.

Art. 134 of RF CPC regulates the procedure for judge’s ref... Read More »

Equitable Distribution

JUDGEMENT
IN THE NAME OF THE RUSSIAN FEDERATION

Saint Petersburg June XX, 20XX

Magistrate of Court division # XXX, Saint Petersburg, XXXXXXXXXXX,
In presence of Secretary XXXXXXXXXXXXXXX,

Upon having considered in open hearing in the premises of the Court division located at: XXXXXXXXXXXXXXXXXXXXXX, Saint Petersburg, a civil matter


In the action of XXXXXXXXXXXXXXXXXXXXXX against XXXXXXXXXXXXXXXXXXXXXXXXXXXXX for division of common property, by transferring to XXXXXXXXXXXXXXXXX apartment XXX in building number XXX on XXXXXXXXXXXXXX Prospect in Saint Petersburg and by transferring to XXXXXXXXXXXXXX apartment XXX in building number XXX on XXXXXXXXXX Prospect in Saint Petersburg, and for collection from XXXXXXXXXXXXXXX in favor of XXXXXXXXXXXXXXX of 1/2 cost of apartment # XXX in building number XXXXXXXXX on XXXXXXXXXXX Lane, Saint Petersburg, and legal expenses,

Established as follows:

The applicant, XXXXXXXXXXXXXXXXX applied to Court division # XXX, Saint Petersburg, with action against XXXXXXXXXXXXXXXX, for division of the spouses` common property where she asked the court to divide apartment XXX in building number XXX on XXXXXXXXXX Prospect in Saint Petersburg, by transferring XXXXXXXXXXXXXXX apartment # XXX in building number XXX on XXXXXXXXXXXXXXX Prospect in Saint Petersburg and by transferring XXXXXXXXXXX apartment XXX in building number XXX on XXXXXXXXXXXX Prospect in Saint Petersburg, by acknowledging the right of ownership to apartment XXX in building number XXX on XXXXXXXXXX prospect, Saint Petersburg, by XXXXXXXXXXXXX who lost his right of ownership to apartment XXX in building XXX on XXXXXXXXXXXX Prospect, Saint Petersburg, and motivated her claim by the fact that on July XX, 20XX, XXXXXXXXXXXXXXXXXXXXX, citizen of the Netherlands, and XXXXXXXXXXXXXXXXXXXX (maiden name – XXXXXXXXXXX), citizen of Russia, had their marriage registered in Helsinki Magistracy, Finland.

On May XX, 20XX, the... Read More »

The minor daughter of Garry Kasparov and her mother were refused to exit Russia

Karina Duvall
Question:
I’ve read this article at http://www.fontanka.ru/2007/12/12/086/. I’m shocked! I wouldn’t imagine that it were possible in a democratic country. Can you comment it?
“The minor daughter of Garry Kasparov and her mother were refused to exit Russia due to reason of visa unavailability. The correspondent of Journalistic Investigations Agency (JIA) was informed about it at PR department of the RF FSB Frontier Administration in Leningrad region. Recall that Darya Tarasova, a spouse of Garry Kasparov, one of leaders of the Other Russia coalition, and their little daughter could not flight to Helsinki from the international airport of Pulkovo-2 in Saint Petersburg. As JIA correspondent was told in the Other Russia press service officers of Frontier Service had retained them under pretence of documents verification for “questions clearing up”. The plane took off without Kasparov’s wife and daughter. As JIA correspondent was informed in the RF FSB Frontier Administration in Leningrad region in compliance with the Law about entrance and exit of foreign citizens foreigners can exit Russia with identification document (passport) or Russian visa issued by a competent authority. The minor daughter of Garry Kasparov being a citizen of the USA arrived to the territory of Russia on the basis of writing in to the regular Russian traveling passport of her mother (at the same time the girl has the passport of her own – the passport of the USA citizen). During period of Darya Tarasova staying at her native country her passport had expired and she received a new one without writing her daughter in to the new passport. That is why the girl had to exit Russia on the basis of exit visa, which she hadn’t had. Garry Kasparov’s spouse was offered to execute the document”.

Answer:
The answer to this question is out of politics; it completely lies in the law field. Entry and exit procedure to/from the Russian Federation is established by the RF ... Read More »

Muslim marriage

Karina Duvall
A monogamy principle is a basis of regulations governing conclusion of marriages in Western countries and countries of the North America. Absence of a registered marriage is an essential condition for conclusion of a valid marriage.
Polygamous marriages are common in Muslim countries.
State registration exists in Muslim countries but it is not obligatory. Existence of a marriage registered in accordance with the established procedure is not an obstacle for a marriage ceremony marriage ceremony in a mosque.
Unfortunately the legal base of a Muslim marriage is insufficiently regulated at a statutable level. It is based on the Koran and the Sunna – fundamental sources of the law. Family and succession relationships, guardianship, relative responsibilities of spouses, parents and children, other relatives are regulated by the Koran and the Sunna. As for polygamous marriage, it is explicitly provided for by regulation 4:3 of the Koran: "… marry those women who are pleasant to you – two, and three, and four".
A Muslim is entitled to marry any woman apart from atheist. It is explained by the sheriat law according to which a husband having unlimited power in the family can proselytize his wife. But an ability of a man to support to all his wives financially is an essential condition for a Muslim marriage.
Muslim women can not marry a man of other religion. Laws of some Muslim countries provide for imprisonment of a woman who married a man of other religion.
A Muslim divorce is practically always initiated by a man who enjoys unlimited rights. A divorce procedure is simplified for a man: an verbal statement is enough for him as a head of the family. A marriage is considered dissolved in case a man says “You are not my wife” three times in public. But notwithstanding a formal equality of men in Islam, marriages among disadvantaged population are not dissolved so often due to expensiveness of legal procedures related to property and alimony issues, upbringing a... Read More »

Divorce in Russia

Karina Duvall

As I have already mentioned a monogamy principle is a basis of regulations governing conclusion of marriages in Western countries and countries of the North America.


According to the official statistics almost every second family breaks up. That means half of all registered marriages. In the beginning of the XXIst century divorce issues has become more acute and number of divorce continue to increase. Thus we can say that only each fifth marriage concluded after January 01, 2001 survived its 5th anniversary. Psychologists are not able to stop this tendency. Number of divorces per year in the largest Russian cities in the last three years exceeded the number of registered marriages by 10-20 percent. At the same time we can see other trends in towns – young people move to larger towns and cities or abroad.


Citizens of large cities also look abroad. Possibility of living in Europe or America becomes more and more attractive for citizens of Moscow and St. Petersburg. Open borders tempt with new unknown possibilities. And everything seems wonderful and great but families (even those that have existed for many years) break up in a twinkle of an eye. Why? We will try to answer this question. We will consider only three aspects:



Situation 1: one of spouses moves abroad:


In case one of spouses goes abroad and takes a spontaneous decision to stay or "live for some time" the family is not fated but in most cases it is quite difficult to save it. We do not speak about long-term business trips with fixed dates of beginning and ending. We speak about spontaneous decisions. Distance between the spouses in this case becomes so significant that living together becomes impossible. One doesn’t want to come back and the other doesn’t want (or can’t) move abroad. Work, children, parents are among other factors keeping from moving to another country. And the family slowly but steady ceases to exist.



Case history:

I would ... Read More »

Articles: 237
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