Legal regulation of matrimonial relations with the participation of persons sentenced to imprisonment svetlana alexandrovna muratova. Family and marriage relations with those sentenced to imprisonment Consequences of marriage with a prisoner

Life may turn out in such a way that one of your relatives may become convicted. Of course, this is a very difficult test not only for the convicted person himself, but also for his relatives.

If this does happen in your life, you need to remember and know about your rights.

First, let's figure out who the relatives are. According to Russian law, relatives are those who are in kinship with the convicted person: spouse, spouse, parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren.

For any person, the commission of a crime by a close relative and his condemnation is perceived as a misfortune, misfortune. And the natural reaction to what happened is a desire to help a loved one who finds himself in a similar situation far from home and family, in unusual conditions of imprisonment. But the majority at the same time immediately raises a lot of questions, for example: “How to find out the address where the relative is serving the sentence? Can he write a letter or come on a date? Can I send money or a package? What things and products can be sent? " It is difficult to find answers to these and many other questions immediately after the incident.

One of the main rights of this category of persons is that they can be representatives of the convicted person. This representation is possible when the suspect or the accused is a minor. In this case, the legal representatives of the minor are: parents, adoptive parents, guardians or custodians of the minor, representatives of institutions or organizations in whose care the minor is, guardianship and guardianship authorities.

The second case of possible representation by the relatives of the convicted person - according to the ruling or decision of the court, one of the close relatives of the accused or another person, for whose admission the accused applies, may be admitted as a defense lawyer along with a lawyer. In proceedings before a magistrate, the specified person is allowed instead of a lawyer. Since the law establishes the right of the court (and not the obligation) to admit a close relative as a defender, such admission may be denied. In this case, the court must give reasons for its refusal.

When a convicted person is sentenced to a sentence of imprisonment, he is sent to a correctional institution. The administration of the pre-trial detention center is obliged to inform one of the relatives of the convict's choice about where he is going to serve his sentence. In order to fulfill this obligation, the administration of the remand prison shall send a notification to the relative indicated to the convicted person stating the time of the convict's departure from the remand prison, the address and name of the correctional institution to which the convicted person is sent. The notice indicates the date of the convict's departure from the SIZO, the name and address of the correctional institution where he will arrive. In the event that the administration of the remand prison does not fulfill this obligation, the relatives of the convicted person have the right to apply to the higher bodies of the Ministry of Justice of the Russian Federation, to the prosecutor supervising the observance of the law in the execution of sentences, as well as to the court that passed the sentence.

Not later than 10 days after the administration of the remand center receives a notice of the entry into force of the court's verdict, the convicts are sent to serve their sentence. During this period, the convicted person has the right to a short visit with relatives or other persons.

If there is a right to short-term and long-term visits, the type of the former is determined by the convicted person. Subsequent visits are granted after a period equal to the quotient of twelve months divided by the number of visits of this type due to the convict per year.

The number of visits is established depending on the type of correctional institution, the type of regime and the type of conditions for serving the sentence.

Close relatives of a citizen sentenced to compulsory labor, correctional labor, restraint of liberty, arrest or imprisonment may petition for a deferred execution of the sentence. In the execution of all other (including additional) penalties, the application of a deferral is not allowed.

Suspension of a sentence may be carried out if one of the following grounds exists:
1) the convict's illness, which prevents him from serving his sentence, until his recovery. Such diseases, in particular, include: tuberculosis, neoplasms, diseases of the endocrine system, mental disorders, diseases of the nervous system and sensory organs, diseases of the circulatory system, etc.
2) Pregnancy of a convicted person or the presence of her young children, the presence of a convict who is the only parent of young children - until the youngest child reaches the age of fourteen, with the exception of those sentenced to restraint of liberty, imprisonment for crimes against the sexual inviolability of minors under the age of fourteen years, or imprisonment for a term exceeding five years for grave and especially grave crimes against the person.
3) Serious consequences or the threat of their occurrence for the convicted person or his close relatives caused by fire or other natural disaster, serious illness or death of the only able-bodied family member, other exceptional circumstances - for a period established by the court, but not more than 6 months.
4) The voluntary desire of a convicted person to imprisonment for committing crimes for the first time, recognized as a drug addict, to undergo treatment for drug addiction, as well as medical and social rehabilitation - until the end of the course of treatment for drug addiction and medical and social rehabilitation, but not more than five years.

Payment of a fine may be deferred or deferred for a period of up to five years, if immediate payment of it is impossible for the convicted person.

The question of the postponement of the execution of the sentence is decided by the court at the request of the convicted person, his legal representative, close relatives, defense lawyer, or on the proposal of the prosecutor.

A close relative of a convicted person, whose punishment is not related to isolation from society, has the right to apply to the administration of the penitentiary inspectorate with a written request to change the place of permanent residence (stay) of the convict, to change the place of work and (or) training of the convict, to leave the place of the convict permanent residence (stay) at a certain time of the day, on the visit of the convicted person to certain places located within the territory of the corresponding municipality, or on the departure of the convicted person outside the territory of the respective municipality.

The application must contain information about the need:
- change of the place of permanent residence (stay) of the convict,
- changes in the place of work and (or) training of the convict,
- leaving the convict from the place of permanent residence (stay) at a certain time of the day,
- visits by the convicted person to certain places located within the territory of the respective municipality, or the convict's departure from the territory of the respective municipality.

The relatives of a person sentenced to imprisonment have the right to meet with him. The duration of visits can be shortened by the administration at the insistence of the persons who are on the date. Consolidation of dates or separation of one date into several is not allowed.

Convicts, at their request, are allowed to replace a long visit with a short, short or long visit with a telephone conversation, and in educational colonies a long visit with living outside the correctional institution with a short visit outside the educational colony.

Long visits are granted with the right to live together with a spouse, parents, children, adoptive parents, adopted children, siblings, grandfathers, grandmothers, grandchildren, with the permission of the head of the penitentiary institution - with other persons.

Persons sentenced to imprisonment may be granted the right to telephone conversations, but not more than 15 minutes each. The right to telephone conversations of convicts contributes to the preservation and maintenance of socially useful contacts with loved ones, so their number is not limited.

Telephone calls are paid by convicts at their own expense or at the expense of their relatives or other persons. A convicted person who wants to call by phone submits a written application, in which he indicates the address and phone number he wants to call, as well as the duration of the conversation.

Upon arrival at the correctional institution, as well as in the presence of exceptional personal circumstances, the administration of the correctional institution provides the convict with the opportunity to have a telephone conversation at his request.

As a rule, the exercise of the right to telephone conversations is carried out during non-working hours, in specially equipped call centers or premises of institutions allocated for these purposes, equipped with subscriber devices with the technical ability to control the ongoing negotiations.

Persons sentenced to imprisonment are allowed to receive parcels, parcels and parcels from close relatives. Convicted women and persons held in educational colonies are granted such a right without limiting the number. For men - depending on the type of correctional institution. Convicts can receive parcels, parcels and parcels immediately upon arrival at the correctional institution. When they are received by persons who do not have the right to do so, as well as released or deceased, they are returned to the senders (including close relatives) by cash on delivery, indicating the reasons for the return. Parcels and parcels addressed to convicts transferred to other correctional institutions are sent to the place of their new detention at the expense of the correctional institution.

The maximum weight of one parcel or parcel is determined by postal rules. The weight of one gear must not exceed the established weight of one parcel.

Sick convicts, convicts who are disabled of the first or second group, may receive additional parcels and parcels in the quantity and range determined in accordance with the medical report.

Parcels, parcels and parcels with medicines and medical supplies received by convicts in accordance with a medical report are not included in the number of parcels, parcels and parcels. They are sent to the medical unit of the correctional institution for the treatment of the respective convicts.

Parcels, parcels and parcels are subject to mandatory inspection. Discovered prohibited items are seized. The prohibited items contained in the programs are returned to the person who transferred them, indicating the reasons for the return.

Parcels for convicts held in punishment cells are handed over after the penalty has been served. The administration of the correctional institution ensures the safety of the attachments of parcels, parcels and parcels, but in case of natural damage to these investments due to long-term storage, it does not bear responsibility. In these cases, the delivery of food products from long-term stored parcels, parcels and parcels is carried out under the supervision of a health worker.

Between the previous and subsequent parcels, parcels and parcels, a period is maintained equal to the quotient of dividing twelve months by the total number of parcels (parcels and parcels) due to the convict per year (excluding those received as an incentive). When a convict is transferred from one conditions of detention to others, the frequency of receipt of the following parcels, transfers, parcels is calculated from the date of receipt of the latter under the previous conditions of detention.

Persons sentenced to imprisonment are allowed to receive writing materials from their relatives in parcels, parcels and parcels. However, the Internal Rules stipulate that writing materials such as crayons, felt-tip pens, markers, ink, ink, ballpoint and helium refills (with the exception of blue and black), paints and carbon paper are prohibited items, and, accordingly, they sending in parcels is prohibited.

The relatives of the convicted person, according to the Criminal Executive Code of the Russian Federation, have the right to receive money transfers from the convicted persons. Convicts make money transfers from their personal accounts.

Relatives of convicted women should be aware that the Criminal Executive Law of the Russian Federation allows convicts to leave short-term and long-term trips outside correctional institutions. Convicted persons are allowed to leave for short periods of time due to exceptional personal circumstances. Such circumstances may be: death or serious illness of a close relative that threatens the patient's life; natural disaster that caused significant material damage to the convict or his family. In this case, departure is carried out for up to seven days, not counting the time required for travel there and back.

If a woman has a long sentence, then the child should be handed over to relatives. With the consent of the relatives of the convicted woman and her herself, the child may be transferred first until the age of three. In any of these cases, a convicted woman may be allowed a short-term departure to accommodate a child in a family for up to 15 days, not counting the time required to travel there and back.

The Criminal Executive Code of the Russian Federation names the categories of convicts who may be allowed to travel, but on condition that they are accompanied by relatives or other persons. In this case, we are talking about convicts suffering from mental disorders that do not exclude sanity, convicts who are disabled of the first or second group and who need outside care for health reasons. These persons may require assistance, and they are allowed to leave only if relatives come for them, who will accompany them and bring them back.

Relatives need to remember that the procedure for allowing convicts to leave the prison is determined by the Internal Regulations of Correctional Institutions and is done in advance.

Convicted persons, as well as their relatives, need to remember that, despite the fact that they are in correctional facilities, they still have the right to marry. Of course, you cannot do without the help of your relatives, as well as your future spouse.

The Federal Law "On Acts of Civil Status" explains that in order to marry a convicted person, a person who wishes to marry him fills out an application for marriage according to the established model. Most often, this application is filled out in the registry office, located in the same place as the correctional institution. Then the application for the conclusion of marriage with the convicted person is transferred to the correctional institution, the management of which transfers it to the convicted person to fill it out in the part that relates directly to him. Following this, the management of the correctional institution checks the correctness of the information indicated by the convicted person and his signature, and then sends this joint statement to the registry office.

If the convicted person wants to conclude the marriage, then the above actions are done in the reverse order.

The registry office, having accepted a joint application for marriage, appoints the date and time of its registration and warns the convicted person and the person wishing to marry him about this.

Persons who were previously in a registered marriage, in order to enter into a new marriage, must, among other things, present a document confirming the termination of the previous marriage (a certificate of divorce, a death certificate of a spouse, or a court decision on recognizing the marriage as invalid).

According to the Family Code of the Russian Federation, marriage registration must be completed within a month after the day following the day of submission of the application, and expires on the corresponding day of the next month.

Registration of marriage with convicts is carried out exclusively in the premises determined for this by the leadership of the correctional institution in agreement with the leadership of the registry office.

Registration of marriage with convicts serving a disciplinary penalty can be carried out only after the completion of this penalty.

Art. 142 of the Criminal Executive Code of the Russian Federation grants the parents of convicts the right to create parental committees in educational colonies.

The parental committees, which are part of the educational board of the educational colony, are called upon to help the latter in educational work.

Parents' committees assist the administration in organizing the educational process, in improving the material and living conditions of convicts, in helping orphans, in the labor and living arrangements of released persons. The activities of parental committees are regulated by a regulation approved by the head of the educational colony.

Employees of the prisoners' social protection group interact with representatives of the parental committee of the colony in order to provide assistance to convicts in resolving issues of social protection, labor and household arrangements.

As a rule, parental committees are created from parents, persons, persons replacing them, and other close relatives of convicts. The chairman of the parents' committee is a member of the educational council of the colony. Members of the parent committee can take part in the work of the council of the squad's educators.

The activities of parental committees are regulated by a regulation approved by the head of the educational colony. From the composition of the parent committee, a chairman is elected, who is a member of the educational council, and a representative to the council of educators of the detachment.

The Parents' Committee has the right to:
- to get acquainted in the prescribed manner with the housing and living conditions of minors in an educational colony;
- apply to public associations to provide assistance to orphans and persons deprived of parental care, as well as minors from disadvantaged families;
- to provide parcels and parcels to orphans and persons left without parental care, as well as convicts whose parents do not keep in touch with them during the period of serving their sentence;
- to assist the administration in providing civilian clothing for orphans and persons left without parental care who are released from an educational colony;
- together with the administration, apply to state bodies, public associations on issues of assistance to the educational colony in carrying out educational work with convicts.

The relatives of the convicted person, who have expressed a desire to apply to the President of the Russian Federation on their own behalf, must send (forward) their petition to the convicted person to be attached to his petition for pardon. It is important that all documents go to the pardon commission at the same time. The appeal of only relatives of the convicted person without his personal petition will not be considered in due order.

In an application for pardon, the relatives of the convicted person may indicate the reasons why they believe that the convicted person deserves a pardon. These reasons include: the difficult financial situation of the convict's family, which worsened after the conviction of a relative; the state of health of a relative of the convict who needs his care (with the attachment of documents on the state of health), etc.

Introduction

Chapter I. Suspension and termination of marriage with those sentenced to deprivation of liberty 9

I. Conditions and procedure for registering marriage with persons sentenced to imprisonment 9

2. Dissolution of marriage with those sentenced to imprisonment in the registry office and in court 45

3. Recognition of marriage with convicted persons invalid ... 79

Chapter II. PERSONAL AND PROPERTY RELATIONSHIPS WITH THE PARTICIPATION OF THE CONVICTED SPOUSE 100

I. Personal legal relationship between spouses 100

2. The right to common joint property of spouses in the event that one of them is in a correctional labor institution 128

3. The right of convicts to receive alimony and the obligation to support the spouse 156

CONCLUSION 179

Introduction to work

Relevance of the research topic. Marriage and family are among such phenomena, the interest in which has not waned from the moment of their occurrence to the present day, which is explained by their significance and versatility in human life. It is difficult to find a direction of social policy that, in one way or another, would not affect the family. economic to spiritual. Family is one of them. "

Marriage and family are the subject of study in various sciences: philosophy, sociology, law, medicine, psychology. Taking into account their orientation and specificity, different sides, signs, properties of these social phenomena are studied.

For legal sciences, only those aspects of family life that can be subject to legal regulation are of interest. The social essence of the family and marriage determines the wide possibility of legal impact on them. This explains the breadth and variety of problems in the research of legal sciences.

The role of matrimonial relations in the formation and functioning! family is quite substantial. "The fact that the family includes at least one married couple, which serves as the" nucleus "of the family group, can not raise doubts. Families formed by groups of brothers, ses Kharchev AG Sociology of education. M., 1990. 0. 121.

ter or other blood relatives, as well as single mothers and their children, are the result of extraordinary, abnormal circumstances. "

It should be noted that the issues of the emergence, development and termination of matrimonial legal relations are quite versatile covered in the legal literature. However, despite the vast range of works devoted to marital legal relations, many issues, as well as individual problems, are poorly researched and require further development. Among them is the question of the peculiarities of the legal regulation of matrimonial relations of persons sentenced to imprisonment. It was the subject of scientific analysis and was studied in the works of D.N. Rozantseva, A.A. Belyaev, N.N. Deryuga. At the same time, it seems that the scale of the studies performed does not correspond to the significance of the problem. Some important aspects remain almost unexplored, some issues raised by the authors are controversial.

As for the regulatory and legal framework, one can name a special source in the field of family relations with the participation of convicts: Instruction of the Ministry of Justice and the Ministry of Internal Affairs of the former USSR of May 4, 1977, which concerns the formal aspects of marriage registration: the procedure for filling out and content of the application for registration of marriage, determining the place of registration. As for the rest, general family legal norms are applied to marital legal relations with the participation of convicts. However, when applying them, certain difficulties arise due to the isolation of one of the spouses, which makes it necessary to make separate amendments to the current legislation in order to apply it uniformly.

The noted circumstances determined the choice of the topic and the general directions of the dissertation research.

The object of the research is the spousal relations of persons sentenced to imprisonment.

The subject of the research is the legal regulation of matrimonial relations with the participation of persons sentenced to imprisonment.

The aim of the study is a theoretical analysis of the current legislation governing marital relations with the participation of a convict to imprisonment and the practice of its application, as well as the development on this basis of recommendations for its improvement. The objectives of the study are to:

To highlight the conditions and procedure for registering marriage with persons sentenced to imprisonment;

Provide an analysis of the grounds for invalidating marriage and dissolving it with those sentenced to imprisonment;

Study personal and property relations with the participation of the convicted spouse;

To formulate specific proposals for improving the marriage and family and corrective labor legislation;

Use conclusions, suggestions and recommendations based on the results of the dissertation research for implementation in the educational process, as well as in the practical activities of the registry office and the corrective labor system.

The methodological basis of the research was - the method of materialistic dialectics, as a general scientific method of cognition, and some private scientific methods: comparative research - when studying the family legislation of the RSFSR, other sovereign republics and some foreign countries; historical - when analyzing the marital and family legal capacity of those sentenced to imprisonment; the method of specific sociological research - when questioning convicts and studying judicial practice in the aspect of ensuring work with empirical material, clarifying practical problems and tasks requiring solution.

Special sources of research were the works of such well-known legal scholars as: Belyaev A.A., Belyakova AM, Bykov A.G., Webere Y.R., Vorozheikin Y.M., Vylkov A.G., Dobrovols Akiy A.L. ., Ifshova N.M., Zhuravlev M.P., Zubkov A.I., Kachur N.F.,

Krasavchikov O.A., Korolev Yu.A., Malein N.S., Maslov V.F., Matveev G.K., Natashev A.E., Nechaeva AM, Nikitina V.P., Palastina S.Ya. , (Parchment A.I., Posse E.A., Pushkin A.A., Rozantseva D.N., Ryasentsev V.A., Sverdlov G.M., Sverdlyk G.A., Starkov V.I. ., Sukhanov E.A., Kharchev A.G., Khokhryakov G.F., Chikvashvili Sh.D., Shakhmatov V.P. and others.

In the process of working on the chosen topic, both the previously acting and the current general and departmental legal acts regulating marriage and family relations with the participation of convicts, guiding explanations of the highest judicial bodies of the USSR and the RSFSR, published judicial practice, as well as the practice of people's courts and correctional law were analyzed. labor institutions of the Tyumen and Omsk regions.

The scientific novelty of the research lies in the fact that the author comprehensively, taking into account the close interaction of the norms of civil, marriage and family and corrective labor law, studies the features of marital relations with the participation of persons sentenced to imprisonment.

Based on the analysis of the practical activities of correctional labor institutions, the practice of applying the current legislation, the author made specific proposals for its amendment and addition in order to increase the effectiveness of the action.

The practical significance of the research results lies in the fact that the conclusions and proposals contained in the dissertation can be used by: practical workers of correctional labor institutions, rule-making and law enforcement agencies. The dissertation research can serve as a certain source in the study of students and adjuncts of a special course: "Legal regulation of marital relations with the participation of persons sentenced to imprisonment."

The provisions for the defense consist in the development and substantiation of the conclusions about the need:

State recognition of church weddings in connection with their widespread prevalence, including persons serving a sentence of imprisonment;

The recognition of the marital capacity of persons in correctional labor institutions is the same as for citizens at large. To achieve this, it is proposed: a) to allow the conclusion of marriage between persons serving sentences in places of deprivation of liberty; b) register a marriage with a person under investigation, subject to the general conditions, without the permission of the person who is in charge of the case, but with notifying him; c) to dissolve a marriage with a person sentenced to imprisonment for a term exceeding 3 years, with his consent, i.e. according to the rules of Art. 38 CoBS of the RSFSR;

Apply the institution of reconciliation when divorcing a marriage with a person in prison;

Establishing family legal responsibility for the culpable failure to fulfill the alimony obligation and for the deliberate conclusion of an invalid marriage;

Securing in the law the possibility of concluding marriage contracts as a way of regulating property relations between spouses, including when one of them is in a labor camp.

Approbation of work and implementation of research results into practice. The results of the study were tested during the discussion of the dissertation at a joint meeting of the departments of organization of economic and financial activities and civil law disciplines and management of bodies executing punishment of the Academy of the Ministry of Internal Affairs of the Russian Federation, as well as in five published scientific articles. Certain provisions of the study were reported by the author at: the interuniversity scientific-practical conference of the law faculty of Kemerovo State University (Kemerovo, 1989), the regional scientific-practical conference of the Tyumen State University (Tyumen, 1990), the scientific-practical conference of the TBS of the Ministry of Internal Affairs of the Russian Federation (Tyumen , 1991 and 1993). Certain provisions of the dissertation are used in the educational process when teaching a course in family law at the TVSh of the Ministry of Internal Affairs of the Russian Federation and in lecture and propaganda work.

The structure of the work and its content are subordinated to the goals and objectives of the study. It consists of an introduction, two chapters, uniting six sections, and a conclusion, as well as a list of references.

Conditions and procedure for registering marriage with persons sentenced to imprisonment

Legal regulation of marriage relations in our country is carried out by the state. His interest in this is determined by the fact that marriage is the basis of the family. In accordance with the current legislation (Art. 6 of the Code of Marriage and Family of the RSFSR), only a marriage entered into in a civil registry office is recognized. The religious ceremony of marriage (wedding) has no legal meaning and does not entail mutual rights and obligations of the spouses. This principle was first enshrined in our state by the decree of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR dated December 18, 1999 "On civil marriage, on children and on keeping books of acts of civil status." This measure was aimed at excluding the influence of the church on the family.

And in the subsequent years of the development of our state, a line of complete removal of the church from the regulation of marriage and family relations was pursued. Moreover, up to the adoption of the USSR law "On Freedom of Conscience and Religious Organizations", persons who performed wedding ceremonies and baptisms in churches were condemned by party and Komsomol organizations. This led to the almost complete ousting of church rituals from our lives. However, reality has shown that this was not caused by a change in public consciousness under the influence of scientific atheistic propaganda, but more often by a feeling of fear of moral condemnation.

Reproaching churchmen for using people's emotional moods at the most important moments of their lives, N. Yurkevich wrote: “At the time of marriage, a person has an urgent need for solemnity: he wants his feelings and experiences not to be diminished by the routine of the situation, but to be emphasized and strengthened by all available means. The clergy skillfully use this, for centuries they have been collecting various means of emotional impact on people into a single system: rituals, the "beauty of temples", church music, etc. "

It was hardly worth reproaching the clergy for the emotional impact on people, it was necessary to try to adopt from them the positive moments in the organization and conduct of solemn ceremonies in order to introduce them in an acceptable form into the practice of the civil registry offices.

The sharp increase in church weddings in recent years suggests that society recognizes the religious marriage ceremony, and the law also permits it. Only in the Znamensky Cathedral of the city of Tyumen for the period from January 1990 to April 1991, 780 couples were married. In general, in the city of Tyumen, weddings take place in three cathedrals. During this period, there were no weddings of the convicts in the church in the Tyumen region, since they did not make such requests. This fact took place in Buryatia. Prisoner repeat offender Pyotr Lozhkin built a church in the high-security correctional labor institution of the police department 94/2. In winter I990-I99I the church began to act. The local priest, Father Andrei, christened 187 inhabitants of the colony, and married the convicted Viktor Zhuravlev with his wife Svetlana.

There are no obstacles for the weddings of convicts, as well as for other activities of religious worship. There are no such prohibitions in the corrective labor law. Therefore, since there is no legal prohibition, we proceed from the presumption of possibility.

Since at the present time church weddings are not isolated facts, but are a fairly widespread phenomenon, I think it should be given a certain legal assessment. You can go along the path of recognizing the legal force behind church marriages, along with those registered in the registry office, and give the spouses the right to choose from two forms of social regulation of marriage. However, this provision will cause difficulties in studying the dynamics of marriages: there will be no unified registration in state bodies. Moreover, a church wedding excludes state control over the observance of the conditions of marriage, which may lead to an increase in the number of marriages concluded in violation of the conditions of their validity.

Personal legal relationship between spouses

The family develops a variety of social relations, both property and non-property. Most of them - caring for the family, providing each other with the necessary assistance, mutual moral support, respect for each other - refers to the moral duty of family members, cannot be subject to legal regulation and is subject only to moral norms. However, in family relations it is impossible to clearly delineate the scope of application of law and morality. Family legal norms "are distinguished first of all by the saturation of the requirements of a moral character, the richness of combinations with the rules of morality."

The list of personal rights and obligations of spouses provided for by the MSC is relatively small. This is explained by the limited possibilities of legal influence on personal marital relations.

According to the current legislation (Articles 18, 19, 41 of the RSFSR CoBS), the personal rights of spouses include: I) the right of spouses to choose their surname when entering into and dissolving a marriage; 2) the right to jointly resolve issues of family life; 3) the right to free choice of occupation, profession and place of residence.

Personal legal relations are built on the basis of complete equality in the rights and duties of spouses, on the basis of the constitutional principle of equality between men and women. Finding one or both

Nechaeva A.M. Family and law. S. 4. spouses in places of deprivation of liberty gives rise to a certain specificity in the exercise of personal rights. Let's reveal this specificity.

The spouses' right to choose their surname. The surname performs an important social function of individualization of the individual in society. With regard to convicts, the surname provides the opportunity to conduct various kinds of records regarding the crime committed.

During the life of a person, his surname can be changed both in connection with the registration or dissolution of marriage, and in the general procedure in accordance with the USSR Law of July 3, 1991 "On the Procedure for Changing Surnames, First Names and Patronymics by Citizens of the USSR."

At the time of marriage, the spouses, at their discretion, choose the surname of one of them as their common name, or each of the spouses retains a premarital surname (Article 18 of the RSFSR Code of the Russian Federation).

In a number of sovereign republics, the CoBS provided for the possibility of combining surnames when registering a marriage: in Ukraine, in Belarus, in Georgia, Tajikistan, Azerbaijan. In the Russian Federation, as in most sovereign states, the adoption of a double surname is not allowed.

The code of conduct of sovereign states does not indicate that the right to change the surname during registration or dissolution of marriage cannot be exercised by a spouse who is in places of imprisonment. There is such a prohibition in departmental regulations. Therefore, this right belongs to them.

However, in the Literature, you can find another opinion. DN Rozantseva writes: “In accordance with the Code of the Russian Federation, on the territory of which the marriage is registered, the spouse of the convicted person has the right to change his surname when registering a marriage with him, but the convicted person himself does not have the right to change his surname when registering a marriage. not allowed: if the applicant is under investigation, a court or he has a criminal record; if there are objections to the change of surname, name, patronymic on the part of the interested state bodies. " The author bases this statement on clause 18 of the regulation on the procedure for considering applications for change by citizens of the USSR of surnames, names, patronymics, which is confirmed by the reference she made. Iri, she identifies two completely different reasons for changing the surname: in connection with the registration of marriage and in the general procedure on the basis of the previously effective Decree of the USSR Air Defense of 03/26/1971. with the registration of marriage, then his request is satisfied by the registry office. After that, a note is made in the personal file of the convicted person that the surname has been changed in connection with the marriage. Information about this is reported to SC at the location of the ITU, where the sentence is being served or was served earlier, to SC at the location of the court that passed the sentence and at the place of residence of the convicted person.

The right to common joint property of spouses in the event that one of them is in a correctional labor institution

Matrimonial relations are based not only on spiritual communication, but also on a certain material base created by the labor of family members, without which it is impossible for the family to fulfill its diverse functions in society. Any family exists on the basis of a close unity of personal and property interests of its members.

Property relations in the family have features that make it possible to distinguish them from similar relations governed by civil law. Firstly, the dominant in them is the personal-confidential nature of ties between family members. "Property relations in the family," wrote VF Maslov, "are so personified that they can rightfully be called personal-property relations." Secondly, it is possible to point out a special subjective composition of the participants in these relations: they can be persons related by kinship, adoption or matrimony. And finally, thirdly, these relations are devoid of an equivalent-rewarding character.

But we must not forget about the relationship between intrafamily and general civil property relations. It manifests itself in the fact that almost all property relations as a whole are based on equivalently compensated principles and are regulated taking into account the operation of economic laws. Therefore, intra-family property relations cannot but feel on themselves a certain influence of general civil principles of regulation of property relations. This is particularly the case in property relations between spouses. There is a point of view that property relations between spouses should be generally excluded from the scope of family law regulation. Since they represent "pure civil legal ties, built on the basis of equality, which receive their refraction in the mode of community of jointly acquired property in marriage.

It is hardly worthwhile to return family relations, which have separated from civil law, on the basis of their specifics, to their original place. In addition, the above-mentioned features of family relations do not allow them to be considered "purely civil law".

The provision on the relationship between civil and family relations has acquired particular relevance at the present time in connection with new trends in the development of the institution of property law - one of the leading in civil law.

The expansion of the forms of ownership, the range of objects of property rights, provided for by the law "On Property in the RSFSR", "On Enterprises and Entrepreneurship", increased the role of the family as a producer of material goods and led to the emergence of new types of family as an economic unit. These include families engaged in various types of entrepreneurial activities. These circumstances force us to look differently at the existing concept of the community of matrimonial property acquired during marriage. The law (Articles 20-22 of the RSFSR CoBS) quite clearly formulates the criteria for delimiting the common and personal property of spouses. Moreover, these criteria are specified in the decisions of the law enforcement bodies of the highest instances. In clause I of the resolution of the plenum of the Supreme Court of the RSFSR of February 23, 1973, "On some issues arising in the practice of applying the Code of Marriage and Family of the RSFSR" to the joint property of the spouses. Clause 15 of the Resolution of the Plenum of the Supreme Court of the USSR of November 28, 1980 "On the Practice of the Courts 'Application of Legislation in Considering Cases of Divorce" (with additions of June 18, 1987) formulates the concept of the spouses' common property subject to division.

INTRODUCTION d.

CHAPTER I. CONCLUSION AND TERMINATION OF MARRIAGE WITH PRISONERS

§ I. Conditions and procedure for registering marriage with persons sentenced to imprisonment.

§ 2. Dissolution of marriage with those sentenced to imprisonment in the registry office and in court.

§ 3. Recognition of marriage with convicted persons as invalid.

CHAPTER P. PERSONAL AND PROPERTY RELATIONS WITH THE PARTICIPATION OF THE CONVICTED SPOUSE.

§ I. Personal legal relationship between spouses.

§ 2. The right of joint joint property of the spouses in the event that one of them is in a correctional labor institution.

§ 3. The right of convicts to receive alimony and the obligation to support the spouse.

DISSERTATION INTRODUCTION

on the topic "Legal regulation of matrimonial relations with the participation of persons sentenced to imprisonment"

The role of matrimonial relations in the formation and functioning! family is quite substantial. “The fact that a family includes at least one married couple that serves as the“ nucleus ”of the family group cannot be doubted. Families formed by groups of brothers, ses

1 Kharchev A.G. Sociology of education. M., 1990. 0. 121. ter or other blood relatives, as well as single mothers and their children, are the result of extraordinary, abnormal circumstances "

It should be noted that the issues of the emergence, development and termination of marital legal relations are quite versatile covered in the legal literature. However, despite the extensive range of works devoted to matrimonial relations, many issues, as well as individual problems, are poorly researched and require further development. Among them is the question of the peculiarities of the legal regulation of matrimonial relations of persons sentenced to imprisonment. It was the subject of scientific analysis and was studied in the works of D.N. Rozantseva, A.A. Belyaev, N.N. Deryuga. At the same time, it seems that the scale of the studies performed does not correspond to the significance of the problem. Some important aspects remain almost unexplored, some issues raised by the authors are controversial.

As for the regulatory and legal framework, one can name a special source in the field of family relations with the participation of convicts: Instruction of the Ministry of Justice and the Ministry of Internal Affairs of the former USSR of May 4, 1977, which concerns the formal aspects of marriage registration: the procedure for filling out and content of the application for registration of marriage, determining the place of registration. As for the rest, general family legal norms are applied to marital legal relations with the participation of convicts. However, when using them, certain difficulties arise due to the isolation of one of the spouses, which causes

1 Kharchev A.G. Marriage and family in the USSR. M., 1976. S. 36. v means the need for certain additions to the current legislation, in order to its uniform application.

The noted circumstances determined the choice of the topic and the general directions of the dissertation research.

The object of the research is the spousal relations of persons sentenced to imprisonment.

The subject of the research is the legal regulation of matrimonial relations with the participation of persons sentenced to imprisonment.

The purpose of the study is a theoretical analysis of the current legislation governing marital relations with the participation of a convict to imprisonment and the practice of its application, as well as the development on this basis of recommendations for its improvement.

The research objectives are to:

To highlight the conditions and procedure for registering marriage with persons sentenced to imprisonment;

Provide an analysis of the grounds for invalidating marriage and dissolving it with those sentenced to imprisonment;

Study personal and property relations with the participation of the convicted spouse;

To formulate specific proposals for improving the marriage and family and corrective labor legislation;

The methodological basis of the research was - the method of materialistic dialectics, as a general scientific method of cognition and some private scientific methods: comparative research - when studying the family legislation of the RSFSR, other sovereign republics and some foreign countries; historical - when analyzing the marital and family legal capacity of those sentenced to imprisonment; the method of specific sociological research - when questioning convicts and studying judicial practice in the aspect of ensuring work with empirical material, clarifying practical problems and tasks requiring solution.

Special sources of research were the works of such well-known legal scholars as: Belyaev A.A., Belyakova AM, Bykov A.G., Vebers Ya.R., Vorozheikin E.M., Vylkov A.G., Dobrovols-Akiy A. L., Ershova N.M., Zhuravlev M.P., Zubkov A.I., Kachur N.F., Krasavchikov O.A., Korolev Yu.A., Malein N.S., Maslov V.F. , Matveev G.K., Natashev A.E., Nechaeva AM, Nikitina V.P., Palastina S.Ya. Pergament A.I., Posse E.A., Pushkin A.A., Rozantseva D.N., Ryasentsev V.A., Sverdlov G.M., Sverdlyk G.A., Starkov V.I., E.A. Sukhanov Kharchev A.G., Khokhryakov G.F., Chikvashvili Sh.D., Shakhmatov V.P. and etc.

The provisions for the defense consist in the development and substantiation of the conclusions about the need:

State recognition of church weddings in connection with their widespread prevalence, including persons serving a sentence of imprisonment;

Apply the institution of reconciliation when divorcing a marriage with a person in prison;

Establishing family legal responsibility for the culpable failure to fulfill the alimony obligation and for the deliberate conclusion of an invalid marriage;

Securing in the law the possibility of concluding marriage contracts as a way of regulating property relations between spouses, including when one of them is in a labor camp.

Approbation of work and implementation of research results into practice. The results of the study were tested during the discussion of the dissertation at a joint meeting of the departments of organization of economic and financial activities and civil law disciplines and management of bodies executing punishment of the Academy of the Ministry of Internal Affairs of the Russian Federation, as well as in five published scientific articles. Certain provisions of the research were reported by the author at: the interuniversity scientific-practical conference of the law faculty of Kemerovo State University (Kemerovo, 1989), the regional scientific-practical conference of the Tyumen State University (Tyumen, 1990), the scientific-practical conference of the TVSH Ministry of Internal Affairs of the Russian Federation (Tyumen , 1991 and 1993). Certain provisions of the dissertation are used in the educational process when teaching a course in family law at the TVSh of the Ministry of Internal Affairs of the Russian Federation and in lecture and propaganda work.

CONCLUSION OF THE DISSERTATION

majoring in Civil Law; Business Law; Family Law; International Private Law, Muratova, S. A., Moscow

CONCLUSION

The conducted research allows us to draw the following main conclusions and proposals.

1. The family is an anti-criminogenic factor and plays an important role in the social reorientation of persons in prison, therefore, it is necessary to take all possible measures to preserve and strengthen it.

2. Due to the fact that church weddings are currently a fairly widespread phenomenon, they should be given a certain legal assessment, which, in our opinion, should consist in the possibility of two options for pre-registration behavior: first, registration of marriage in the general procedure in the registry office; secondly, a wedding in a church and a simplified procedure for recording the act of registration on the basis of a church certificate. These methods of pre-registration behavior should be extended to persons serving sentences in a correctional institution.

3. It is advisable to cancel the need to obtain permission to register a marriage from the person or body in charge of the case, since this is an unreasonable limitation of the marriage legal capacity of citizens.

4. In connection with the wide spread of marriages of persons sentenced to imprisonment by correspondence correspondence, we consider it expedient to send to persons wishing to marry a convicted person an extract from the personal file of the convicted person.

The Criminal Code was convicted, the term of imprisonment, what is the number of convictions, is the person recognized as a particularly dangerous recidivist, as characterized during the period of serving the sentence, as previously characterized in everyday life.

5. To ensure compliance with the principle of monogamy and the inadmissibility of marriages between close relatives by convicts at the level of the Supreme Court of the Russian Federation, it is worth giving instructions that information characterizing the legal status of the suspect, the accused should be entered into procedural documents from the original registration documents, and not from the words of the convicted person.

6. In the interests of the birth of healthy offspring and the creation of a normal, full-fledged family, the practice of foreign countries should be adopted to provide the registry office with a medical certificate on the absence of diseases that prevent marriage.

7. The analysis of the current legislation leads to the conclusion that the family is an independent legal entity and therefore its legal definition is necessary. According to the candidate for a degree, the family should be defined as a social and legal community of persons connected by family functions, as well as the rights and obligations provided for by the legislation on marriage and family.

Taking into account the general characteristics inherent in the families of convicts, the proposed definition should be supplemented with the words: "with its inherent specificity in the performance of functions and the implementation of rights and obligations, due to the presence of one of the family members in a correctional institution."

8. In order to enhance the role of the penitentiary administration in the implementation by convicts of their family-legal status, it seems necessary at the legislative level to determine the forms of such participation. We offer Part I of Art. 43 of the ITC of the RSFSR to state in the following wording: “Political and educational work is carried out with persons deprived of their freedom, aimed at educating them in the spirit of an honest attitude to work, accurate observance of laws and respect for the rules of hostel, respect for property, to raise consciousness and cultural level, on the development of useful initiative of convicts and fostering a sense of responsibility towards the family. "

9. In order to exclude the deprivation of the right of a convicted person to express his consent to divorce, we propose, while maintaining the administrative procedure for dissolving a marriage with persons sentenced to imprisonment for a period of at least three years, to divorce with the consent of both spouses, i.e. according to the rules of Art. 38 CoBS of the RSFSR.

A short-term meeting between the spouses can help to clarify the question of the further preservation of marital relations, or their termination. The possibility of providing a meeting on this basis should be reflected in Part 3 of Art. 26 ITK RSFSR.

10. As shown by the generalization of judicial practice, if one of the parties in a divorce case is a convicted person, the court does not take measures to reconcile the parties, although from the meaning of Art. 33 of the CoBS of the RSFSR, such an exception does not follow. We believe that an attempt at reconciliation, as a way to preserve the family, should not be ruled out in this case. The postponement of the proceedings for reconciliation of the spouses, if at least one of them is in places of deprivation of liberty, should be one-time, since during the period of reconciliation the spouses do not "live together and the repeated postponement of the proceedings is unlikely to be justified and will give a positive result. it is advisable to reflect the proposal in the resolution of the Plenum of the Supreme Court of the Russian Federation, as one of the means in the matter of stabilizing the families of convicts.

11. To implement the principle of inevitability of punishment for a committed offense, we propose to provide in the law a rule that, when resolving a case on a claim for invalidating a marriage, the court must find out whether as a result of such a marriage any rights were acquired by the unscrupulous party and terminate their effect for the future. You should also establish unfavorable property consequences for the unscrupulous party by analogy with Art. 49 of the Civil Code of the RSFSR.

12. In order to prevent the conclusion of invalid marriages by convicts on the grounds of satisfying their sexual needs, as well as to ensure their right to maintain socially useful ties, we propose to significantly increase the number of long-term visits of the convicted person with his spouse and other relatives. Allow the convicted person to meet with the "actual" spouse (initially, as an experiment in several colonies).

13. We propose to exclude the right to change the general order of surname, name, patronymic by persons with a criminal record, as contrary to the successful adaptation of persons released from prison.

14. In connection with the socio-economic changes taking place in society, the right to conclude marriage contracts should be enshrined as a method of regulating property matrimonial relations, including with the participation of a spouse sentenced to imprisonment.

15. In order to protect the interests of the counterparty to the transaction and the spouse who is not involved in the transaction, we propose to limit the scope of the presumption of consent of the spouses to dispose of joint property within the framework of small household and household transactions, this will be even more so than for citizens who are at large. to promote the protection of the legal rights and interests of the owner-spouse convicted of imprisonment.

16. We consider it necessary to support the idea of establishing family-legal responsibility for the culpable failure to fulfill the alimony obligation and the priority method of paying alimony on a voluntary basis.

The implementation of these conclusions and proposals, in our opinion, will serve to strengthen the family of the convict and protect the personal and property rights of the spouses.

DISSERTATION BIBLIOGRAPHY

"Legal regulation of matrimonial relations with the participation of persons sentenced to imprisonment"

1. Sources on research methodology and theory,

2. Lenin V.I. Complete collection of works T. 49.

3. Marx K., Engels F. Soch. 2nd ed. T. 21.

4. Official documentary materials.

5. Code of laws on acts of civil status, marriage, family and guardianship law of the RSFSR. SU of the RSFSR. 1918. No. 76. Art. 8IB.

6. On the elimination of shortcomings in the practice of collecting court costs in civil cases and court costs in criminal cases (as amended on March 21, 1968). On Sat. decisions of the Plenum of the Supreme Court of the USSR. 1924-1977. Part I.

7. On the approval of the Regulations on the procedure for considering applications for the change of surnames, first names and patronymics by citizens of the USSR.

8. JV USSR. 1971. No. 15. Art. III.

9. About civil marriage, about children and about keeping books of civil status acts. SU of the RSFSR. 1917. No. II. Art. 160.2.5. Divorce. SU of the RSFSR. 1917. No. 10. Art. 152.

10. Regulations on the sale of apartments to citizens for personal ownership and payment of expenses for their maintenance and repair. JV RSFSR. 1989. No. 13. Art. 72.

11. Legislative and departmental regulations.

13. Law of the Russian Federation on amendments and additions to the Criminal Code of the RSFSR, the Criminal Procedure Code of the RSFSR and the ITK of the RSFSR. Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation. 1992. No. 29. Art. 1687.

14. Law of the Russian Federation "On the privatization of the housing stock in the Russian Federation" as amended on December 23, 1992 - Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR. 1993. I 2. Art. 67.

15. From the practice of the Supreme Court of the RSFSR on some. Issues that have arisen in the consideration of civil cases. Bulletin of the Supreme Court of the RSFSR. 1976. No. 7.

16. Review of the jurisprudence of the Supreme Court of the RSFSR on some issues arising in the consideration of civil cases in cassation and supervision. Bulletin of the Supreme Court of the RSFSR. 1988. No. 8.

17. On the procedure for registering marriage with persons held in places of deprivation of liberty. Ordinance of the Ministry of Justice of the USSR and the Ministry of Internal Affairs of the USSR dated May 4, 1977 No. К - 7 - 229 68.

18. Circular Jfc 37 of the NKYu and NKVD of the Ukrainian SSR dated October 4, 1921. On the right of convicts to marry.

19. Resolution No. 9 of the Plenum of the Supreme Court of the USSR of November 28, 1980 On the practice of the courts' application of legislation when considering cases of divorce. Bulletin of the Supreme Court of the USSR. 1981. No. I.

Source: Electronic catalog of the branch department in the direction of "Jurisprudence"
(Faculty of Law Libraries) M. Gorky St. Petersburg State University

Legal regulation of matrimonial relations with the participation of persons sentenced to imprisonment:

AR
M91 Muratova, S. A. (Svetlana Alexandrovna).
Legal regulation of matrimonial relations with participation
of persons sentenced to imprisonment: Abstract of the dissertation
for the degree of candidate of legal sciences.
Specialty 12.00.03 - Civil Law; Family law
; Civil procedure; International private law;
Specialty 12.00.08 - Criminal Law and Criminology;
Corrective labor law / S. A. Muratova; Sci. hands. G
... A. Sverdlyk; Academy of the Ministry of Internal Affairs
Russian Federation. -M., 1994. -23 s. -Bibliography. : With. 22 -
23.6. links
RUB 70.00 Material (s):

Legal regulation of matrimonial relations with the participation of persons sentenced to imprisonment.
Muratova, S. A.
Muratova, S. A.
Legal regulation of matrimonial relations with the participation of persons sentenced to imprisonment: Abstract of a dissertation for the degree of candidate of legal sciences.

GENERAL DESCRIPTION OF WORK

Relevance of the research topic... Marriage and family are among such phenomena, the interest in which has not waned from the moment of their occurrence to the present day, which is explained by their significance and versatility in human life. It is difficult to find a direction of social policy that, in one way or another, would not affect the family. economic to spiritual. Family is one of them. "

Marriage and family are the subject of study in various sciences: philosophy, sociology, law, medicine, psychology. Taking into account their orientation and specificity, different sides, signs, properties of these social phenomena are studied.

For legal sciences, only those aspects of family life that can be subject to legal regulation are of interest. The social essence of the family and marriage determines the wide possibility of legal impact on them. This explains the breadth and variety of problems in the research of legal sciences.

The role of marital relations in the formation and functioning of the family is very significant. “There is no doubt that a family includes at least one married couple that serves as the nucleus of the family group. Families formed by groups of siblings or other blood relatives, as well as single mothers and their children, are a consequence of extraordinary, abnormal circumstances ".

It should be noted that the issues of the emergence, development and termination of matrimonial legal relations are quite versatile covered in the legal literature. However, despite the vast range of works devoted to spousal law,

wear, many issues, as well as individual problems are poorly researched and require further development. Among them is the question of the peculiarities of the legal regulation of matrimonial relations of persons sentenced to imprisonment. It was the subject of scientific analysis and was studied in the works of D.N. Rozantseva, A.A. Belyaev, N.N. Deryuga. At the same time, it seems that the scale of the studies performed does not correspond to the significance of the problem. Some important aspects remain almost unexplored, some issues raised by the authors are controversial.

As for the regulatory and legal framework, one can name a special source in the field of family relations with the participation of convicts: Instruction of the Ministry of Justice and the Ministry of Internal Affairs of the former USSR of May 4, 1977, which concerns the formal aspects of marriage registration: the procedure for filling out and content of the application for registration of marriage, determining the place of registration. For the rest, general family law applies to marital legal relations with the participation of convicts. However, when applying them, certain difficulties arise due to the isolation of one of the spouses, which makes it necessary to make separate additions to the current legislation in order to ensure its uniform application.

The noted circumstances determined the choice of the topic and the general directions of the dissertation research.

Research object are the spousal relations of persons sentenced to imprisonment.

The subject of research- legal regulation of matrimonial relations with the participation of persons sentenced to imprisonment.

The purpose of the study- is a theoretical analysis of the current legislation governing marital relations with the participation of a convict to imprisonment and the practice of its application, as well as the development on this basis of recommendations for its improvement. The research objectives are to:

To highlight the conditions and procedure for registering marriage with persons sentenced to imprisonment;

Provide an analysis of the grounds for invalidating marriage and dissolving it with those sentenced to imprisonment;

Study personal and property relations with the participation of the convicted spouse;

Formulate specific proposals for improving

the introduction of marriage and family and corrective labor legislation;

Use conclusions, suggestions and recommendations based on the results of the dissertation research for implementation in the educational process, as well as in the practical activities of the registry office and the corrective labor system.

Methodological basis of the research made up - the method of materialistic dialectics, as a general scientific method of cognition and some private scientific methods: comparative research - when studying the family legislation of the RSFSR, other sovereign republics and some foreign countries; historical - when analyzing the marital and family legal capacity of those sentenced to imprisonment; the method of specific sociological research - when questioning convicts and studying judicial practice in the aspect of ensuring work with empirical material, clarifying practical problems and tasks requiring solution.

Special research sources the works of such well-known legal scholars as: Belyaev A.A., Belyakova AM, Bykov A.G., Weber Y.R., Vorozheikin Y.M., Vylkov A.G., Dobrovolsky A.L., Ershova N. M., Zhuravlev M.P., Zubkov A.I., Kachur N.F.,

Krasavchikov O.A., Korolev Yu.A., Malein N.S., Maslov V.F., Matveev G.K., Natashev A.E., Nechaeva AM, Nikitina V.P., Palastina S.Ya. , Pergament A.I., Posse E.A., Pushkin A.A., Rozantseva D.N., Ryasentsev V.A., Sverdlov G.M., Sverdlyk G.A., Starkov V.I., Sukhanov E.A., Kharchev A.G., Khokhryakov G.F., Chikvashvili Sh.D., Shakhmatov V.P. and etc.

In the process of working on the chosen topic, both the previously acting and the current general and departmental legal acts regulating marriage and family relations with the participation of convicts, guiding explanations of the highest judicial bodies of the USSR and the RSFSR, published judicial practice, as well as the practice of people's courts and correctional law were analyzed. labor institutions of the Tyumen and Omsk regions.

Scientific novelty of research consists in the fact that the author is comprehensive, taking into account the close interaction of civil norms,

marriage and family and corrective labor law studies the features of marital relations with the participation of persons sentenced to imprisonment.

Based on the analysis of the practical activities of correctional labor institutions, the practice of applying the current legislation, the author made specific proposals for its amendment and addition in order to increase the effectiveness of the action.

Practical significance the results of the research is that the conclusions and proposals contained in the dissertation can be used by: practical workers of correctional labor institutions, rule-making and law enforcement agencies. The dissertation research can serve as a certain source in the study of students and adjuncts of a special course: "Legal regulation of marital relations with the participation of persons sentenced to imprisonment."

Provisions for Defense consist in the development and substantiation of conclusions about the need:

State recognition of church weddings in connection with their widespread prevalence, including persons serving a sentence of imprisonment;

The recognition of the marital capacity of persons in correctional labor institutions is the same as for citizens at large. To achieve this, it is proposed: a) to allow the conclusion of marriage between persons serving sentences in places of deprivation of liberty; b) register a marriage with a person under investigation, subject to the general conditions, without the permission of the person who is in charge of the case, but with notifying him; c) to dissolve a marriage with a person sentenced to imprisonment for a term exceeding 3 years, with his consent, i.e. according to the rules of Art. 38 CoBS of the RSFSR;

Apply the institution of reconciliation when divorcing a marriage with a person in prison;

Establishing family legal responsibility for the culpable failure to fulfill the alimony obligation and for the deliberate conclusion of an invalid marriage;

Securing in the law the possibility of marriage

contracts as a way of regulating property relations between spouses, including when one of them is in a labor camp.

Approbation of work and implementation of research results into practice. The results of the study were tested during the discussion of the dissertation at a joint meeting of the departments of organization of economic and financial activities and civil law disciplines and management of bodies executing punishment of the Academy of the Ministry of Internal Affairs of the Russian Federation, as well as in five published scientific articles. Certain provisions of the research were reported by the author at: the interuniversity scientific-practical conference of the law faculty of Kemerovo State University (Kemerovo, 1989), the regional scientific-practical conference of the Tyumen State University (Tyumen, 1990), the scientific-practical conference of the TVSH Ministry of Internal Affairs of the Russian Federation (Tyumen , 1991 and 1993). Certain provisions of the dissertation are used in the educational process when teaching a course in family law at the TVSh of the Ministry of Internal Affairs of the Russian Federation and in lecture and propaganda work.

Work structure and its content is subordinated to the goals and objectives of the study. It consists of an introduction, two chapters, uniting six sections, and a conclusion, as well as a list of references.

In the introduction the relevance of the research topic is substantiated, its goals and objectives are determined; methodological basis, scientific novelty and practical significance, the main provisions for defense are formulated.

The first chapter of the work - "Conclusion and termination of marriage with those sentenced to imprisonment" - consists of three paragraphs.

In the first paragraph of this chapter, "Conditions and procedure for registering a marriage with persons sentenced to imprisonment," the author comes to the conclusion that it is necessary to establish equality of marital capacity for convicted persons who are at large. Marital legal capacity is seen as an element of

legal capacity, the content of which includes the right to register a marriage. Registration of marriage can be carried out in a general manner in the registry office, as well as by weddings in a church and the recording of an act of registration on the basis of a church certificate.

The dissertation candidate believes that it is necessary to exclude the ban on the registration of marriage between convicts, since it limits their marital capacity. Difficulties associated with ensuring the presence of both parties when registering a marriage can be eliminated in one of the following ways: either by the arrival of one of the future spouses in a correctional institution at the location of the second future spouse to register the marriage there. This means that the short-term departure of the convicted person outside the prison can be carried out once a year during the vacation, subject to the conditions of Part 4 of Art. 26 ITC; or the possibility of obtaining a short-term departure for registration of marriage between persons sentenced to imprisonment. To implement this possibility, it is proposed to supplement Art. 26 1 ITK RSFSR grounds for short-term departure of persons; those sentenced to imprisonment for the purpose of marriage registration; or finally; you can follow the path of registering a marriage in a correctional labor institution; where one of the future spouses is located, without the appearance of the second, upon receipt of a telegraphic confirmation of the intention to marry, certified by the head of the institution on the day of registration.

The dissertation examines the specifics of compliance with such conditions for marriage, in relation to persons serving sentences in places of deprivation of liberty, such as: mutual consent of those entering into marriage, reaching marriageable age, the ability to be in only one marriage, [lack of close relationship, or adoption relationship (adoption ) between spouses, lack of disability, mental illness or dementia. In the second paragraph of this chapter, "Dissolution of marriage with persons sentenced to imprisonment in the registry office and in court", it is emphasized that divorce is a legal act that terminates legal relations between spouses arising from

marriage, for the future.

Proceeding from the fact that the preservation of the family during the period of punishment is one of the guarantees of the most effective value reorientation of convicts, the dissertation candidate believes that while maintaining the administrative procedure for dissolving a marriage with persons sentenced to imprisonment for a period of three years or more, it is advisable to make a divorce when the presence of mutual consent of both spouses: both free and in a labor camp. In order to clarify the issue of the further preservation of marriage relations, or their termination, convicts should be granted short visits. The possibility of their provision must be fixed in Part 3 of Art. 26 of the ITK of the RSFSR, stating it in the following wording: "In the event of a serious illness of the convict, which endangers his life, the head of the correctional labor institution provides an opportunity for relatives, relatives of the convict to visit him," this opportunity can be given to the spouse of the convicted person when applying to the registry office or a court, an application for divorce "A survey of convicts in correctional institutions of the Omsk and Tyumen regions showed that" applications for divorce in 80 percent of cases are submitted by: spouses who are at large, in 13.3 percent - convicted, in 6.7 percent - both spouse. The above data indicate that convicts are the initiators of divorce extremely rarely, since isolation conditions limit the circle of social communication, acquaintance is possible only by correspondence and it is more difficult for a convict to create a new family than a person who is at large.

The dissertation examines ways to dissolve a marriage in a registry office and in court, as well as register a divorce, depending on that; who is the initiator of the divorce: a spouse who is at large, or a spouse who is in places of deprivation of liberty. Depending on the. The latter circumstance in the dissertation analyzes various variants of court cases on divorce, the specificity of divorce between convicts.

Analyzing different views on the advisability of open court hearings in cases of dissolution

marriage, the dissertation candidate comes to the conclusion that it is necessary to hold open field meetings, when the reason for the divorce was the deprivation of one of the spouses of freedom. Attendance at such meetings will allow convicts to feel the real threat of losing their families, which will lead many of them to strive to be released from the correctional labor institution as soon as possible.

Investigating the question of the legal nature of the court decision on divorce and analyzing the opinions of scientists expressed in the literature (A.A. a court decision to satisfy the claim for divorce is one of the legal facts necessary for the emergence of a subjective right to divorce, which is equally recognized for both spouses. A marriage can be terminated by the registry office on the basis of a court decision and an application from one or both spouses.

In the third paragraph of this chapter, "Recognition of marriage with convicted persons as invalid," the dissertation student reveals the legal nature of this institution, its essence and gives a definition according to which "invalidity of marriage is a form of the state's refusal to recognize a concluded marriage as a legally significant act, expressed in a court decision, passed in the civil proceedings in connection with the violation of the conditions of imprisonment, marriage established by law ". Analyzing the opinions of some scholars, according to which the recognition of a marriage as invalid is a type of family legal responsibility (A.M. Nechaeva, V.I.Danilin), and others who believed that this is a sanction that is a measure of protection (N.S. Malein, A.M.Belyakova), the candidate for a degree supports the second point of view and proves that the family law a sanction related to protection measures, in contrast to liability, does not contain additional encumbrances of a personal and property nature .

Among the grounds for declaring a marriage invalid

(Articles 15, 16 of the Code of the Russian Federation), the author analyzes only those of them that are specific in connection with the presence of one of the spouses in a correctional labor institution. These include the registration of marriage without the intention of starting a family and violation of the principle of monogamy.

An analysis of the motives for concluding fictitious marriages gives reason to believe that the emergence of family relations with persons of the same sex is inadmissible. The current legislation does not contain obstacles to marriage between persons of the same sex. To prevent the possibility of registering a marriage between persons of the same sex, it is proposed to supplement Art. 16 of the CoBS of the RSFSR with the words: "Marriage between persons of the same sex is not allowed."

In order to avoid the conclusion of invalid marriages, the dissertation candidate formulates the following ways to prevent the conclusion of invalid marriages: I) conducting conversations, lectures, and consultations with convicts on marriage issues: 2) enshrining in the law the norm on the right of a bona fide spouse to compensation for property damage caused by a state in an invalid marriage; 3) a significant increase in the number of long-term visits by spouses; 4) permission for a meeting of the convicted person with the actual spouse.

Chapter two thesis - "Personal and property relations with the participation of a convicted spouse" - consists of three paragraphs.

; The first paragraph of this chapter "Personal legal relations between spouses" examines the specifics of the implementation of such personal rights of spouses, such as: a) the right to choose their surname when entering into and dissolving a marriage; b) right to jointly solve family life issues; c) the right of centuries. free choice of occupation, profession and place of residence.

The dissertation candidate comes to the conclusion that those sentenced to imprisonment retain all the personal rights listed above. However, the fact of long-term isolation from the family due to being in a corrective labor institution generates certain restrictions in the exercise of these rights. V

dissertation, it is proposed to exclude the restriction on changing the last name, first name, patronymic in the general manner in relation to persons with a criminal record, while leaving the right of the local administration to refuse to change the last name, first name or patronymic, if, as a result of an audit carried out by the internal affairs bodies, it is established that the applicant can use this change for evasion purposes, from the investigation, court, payment of alimony or other selfish purposes.

For those sentenced to imprisonment, such an element of legal capacity as the possibility of free choice of occupation, profession and place of residence is significantly limited. At the same time, one can hardly agree with the statement of A.A. Belyaev, according to which those sentenced to imprisonment, due to the punitive nature of the punishment, are generally deprived of the opportunity to choose their occupation, profession and place of residence. The choice of occupation and profession for convicts is possible, although only within the framework of production typical for a correctional labor institution. The results of the study show that even from the minimum possible choice of professions in ITU, persons with a family find the best option for themselves. Convicts can exercise the right to choose their occupations in the process of education and in such forms as mass production, cultural mass, physical culture and sports work, participation in the work of amateur organizations.

Investigating the problems of exercising the right to choose a place of residence by convicts, the candidate disagrees with those lawyers (D.N. Rozantseva, A.A. Belyaev, M.G. Markova) who believe that the freedom to choose a place of residence has no practical significance for the convict ... I love a citizen's place of residence, the place where the citizen permanently or predominantly resides (part 1 of article 17 of the Civil Code of the RSFSR). Consequently, the place of residence of a person deprived of liberty is not the location of the correctional facility, but the last place where the citizen lived before the deprivation of liberty. ITU is a measure of serving a sentence. Exercise of the right to choose a seat

of residence depends on the housing stock in which the convicted person lived before imprisonment.

Pain, a convicted person before imprisonment lived in a building of a state or public housing stock on the basis of a lease agreement for residential premises as a tenant or a member of the tenant's family, then in case of conviction to imprisonment for a term of more than six months, he retains the right to use the living quarters until the sentence is carried out (Article 60 of the Housing Code of the RSFSR), and, consequently, the right to exchange living quarters. By making an exchange through a representative or giving consent to an exchange, the convict thereby changes his place of residence and, thus, exercises the right to choose his place of residence. After the entry into force of the verdict, the convicted person can be recognized as having lost the right to use the residential premises only in court and at the request of interested parties (Article 61 of the Housing Code of the RSFSR)

The living quarters are retained for the entire term of imprisonment for the convict - a shareholder of the housing cooperative. If the share is paid in full, then the convicted person is considered the owner of the apartment and imprisonment does not deprive him of this right. This also applies to apartments acquired for ownership through purchase and sale or through privatization. Owning ownership for an apartment, a convict can exchange a living room, a premise, and therefore change his place of residence.

The dissertation notes that for convicts serving a sentence of imprisonment, only the right to free movement is excluded from the content of legal capacity, and such an element of it as the right to choose a place of residence for a certain category of convicts remains.

In the second paragraph of this chapter, "The right to common joint property of spouses in the event that one of them is in a corrective labor institution," the peculiarities of property relations that develop in the family and their difference from; similar relations, regulated citizens

skim right. The dissertation candidate substantiates the position that these relations are, firstly, personally confidential; secondly, their participants are a special subject composition: they can be persons related by kinship, adoption or matrimony; thirdly, these relations are devoid of an equivalent-rewarding character.

The dissertation candidate supports the concept of the law and those authors who believe that all property acquired during marriage should be considered common. At the same time, he believes that this rule applies only in cases where otherwise is not provided by the agreements of the parties.

Describing the right of ownership of the convicted spouse to the property in the correctional labor institution, the candidate for the degree believes that, proceeding from the provision according to which "everything that is not prohibited by law is permitted," , prohibited for storage, use and use.

The dissertation notes that a certain specificity; v. the family, where one of the spouses is in places of deprivation of liberty, have relations arising in the process of realizing the right to property. ”The principle of equality of rights of spouses to own, use and dispose of their common property presupposes consistency of actions in the implementation of these powers. In reality, each of the spouses, as a rule, exercises their powers independently, without prior approval. At the same time, third parties entering into property relations with one of the spouses are not obliged in each case to verify the consent of the other spouse. Such consent is assumed, that is, there is a presumption of consent of the spouses to dispose of joint property. This presumption is generally recognized in science and judicial practice, disagreements concern only the limits, its application.

So, according to the opinion of the majority (N.V. Orlova, V.F.

Maslova, V.P. Nikitina, V.P. Shakhmatova), a transaction made by one of the spouses without the consent of the other can be invalidated only if the counterparty is in bad faith, otherwise, the spouse's disagreement expressed after the transaction does not affect its validity. Other scientists (A. Knyazev, Sh.D. Chikvashvili) believe that a deal made by one spouse against the will of the other is generally not subject to challenge, since a spouse whose interests are infringed upon can satisfy them by increasing his share in the division of property. The same conclusion follows from clause 16 of the resolution of the plenum of the Supreme Court of the USSR of November 28, 1980 "On the practice of applying legislation when considering cases of divorce."

According to the third point of view (N. M. Ershova), one can "challenge the transaction regardless of the good faith of the counterparty.

An analysis of these concepts leads to the conclusion that when the presumption of consent of spouses to dispose of property is applied, the interests of third parties and the spouse who does not participate in the transaction collide.

Taking into account the stated points of view, the dissertation proposes to give explanations at the level of the Supreme Court of the Russian Federation as follows: I) property constituting common joint property, the spouses own, use and dispose of by mutual agreement.

If disagreements arise, the dispute shall be resolved by the court on the claim of any of them; 2) when making small household and household transactions, the consent of the second spouse is presumed; 3) when making transactions that go beyond household transactions (these are transactions that significantly affect the interests of spouses and the family as a whole), the written consent of the other spouse is required. Failure to comply with this condition entails the recognition of such transactions as invalid. If the transaction is recognized as invalid, the bona fide counterparty has the right to reimbursement of expenses incurred by him, loss or damage to property from the side of the spouse who made the transaction. Limiting the scope of the presumption to the commission of small household and household transactions, to an even greater extent

nothing for free citizens , will contribute to the protection of the legal rights and interests of the owner-spouse sentenced to imprisonment. Being in places of deprivation of liberty, he actually may not know about the true state of affairs in housekeeping by the free spouse, and based on the presumption of consent of the convicted person, another, dishonest, spouse can significantly infringe on the property interests of the convicted person.

The analysis of the characterized paragraph ends with a proposal to amend Part I of Art. 20 CoBC, which is recommended to be stated as follows: “Property; acquired by spouses during marriage is their common joint property, regardless of whether; it was purchased at the expense of a husband or wife. Spouses have equal rights to own, use and dispose of this property. At any time during the period of the state of marriage, the spouses can change the legal regime of common marital property by means of an agreement. "

In the third paragraph of this chapter, "The right of convicts to receive alimony and the obligation to maintain a spouse," examines the legal nature and features of alimony obligations, their difference from civil law. These include: I) special, strictly defined by law, the grounds for their occurrence; 2) strictly personal character; 3) lasting character; 4) property in nature, which has a monetary value.

The specifics of the alimony obligations with the participation of the convicted spouse is revealed by the candidate for a degree, taking into account who the convicted person is - the payer of alimony - or the person receiving them. A convicted spouse can rarely act as a party entitled to receive alimony. This happens due to the fact that the convicted person, as a rule, does not have such a necessary condition for collecting alimony as need. However, pregnant women, breastfeeding mothers of minors and sick convicts may be allowed upon the conclusion of the medical commission on

receiving additional food parcels and transfers. Her spouse, who is at large, does not voluntarily send parcels and parcels, although he is sufficiently wealthy for this, then alimony in favor of the convicted spouse may be recovered from him. In this case, the fact of need is indisputable, since the convict, due to his condition (disability, minority), needs additional food in excess of the established norm. As for the need for pregnant women, the dissertation candidate notes the disagreements on this issue in the legal literature. Some authors (V.F. Maslov, D.M. Chechot) believe that disability and need are not required to collect alimony in favor of a wife during her pregnancy and within a year and a half after the birth of a child. This right is limited by only one condition: The ability of the second spouse to provide material assistance.

Others (V.I.Danilin, S.I. Reutov) argue that a pregnant woman must prove the need for material assistance. When determining the need, you should take into account its special needs in a given period. The dissertation defends the opinion that such a position is in clear contradiction with the interests of the mother and the child, since all the additional costs associated with pregnancy and childbirth are borne by the mother alone, without affecting the financial status of the child's father. In this regard, the proposal is supported on the need for a clearer wording of Part I of Art. 25 of the CoBS of the RSFSR regarding the independence of the right to alimony for a woman during pregnancy - and within a year and a half after the birth of a child from her need and ability to work. Part I Art. 25 CoBS of the RSFSR is proposed to read as follows: "Su pr ugi are obliged to financially, support each other. - In case of refusal of such support, a disabled spouse in need of material assistance, as well as a wife during pregnancy and within a year and a half after the birth of a child (regardless

her ability to work and need) have the right to receive maintenance (alimony) from another spouse in court; if the latter is able to provide it ".

Investigating the question of the methods of collecting alimony, the dissertation candidate agrees with those authors who oppose the predominantly compulsory method of fulfilling the alimony obligation.

Although according to Part 2 of Art. 89 KoES of the RSFSR a person who has the right to alimony, has the right to file a claim in court even in the event that the obliged person voluntarily provides funds for maintenance. This leads to the consideration in the courts of the so-called category of "undisputed" cases, since most of the phony who are obliged to pay alimony do not object to this. In this regard, the proposal is supported in the thesis. Antokolskaya M.V. on the need to give sufficient legal force to the application of the alimony payer and to establish in the law a contractual way of fulfilling alimony obligations. Enforced recovery of alimony in court should be applied only in cases of failure to reach an agreement on the payment of alimony, or if the payer does not fulfill his obligation, despite the existence of an agreement.

KEY FINDINGS AND SUGGESTIONS

In custody summarizes the main results of the study, sets out a number of conclusions, some of which are reflected in the text of this abstract when characterizing the relevant sections of the work, and makes proposals for improving family and corrective labor legislation. Among the main ones are the following:

1. The family is an anti-criminogenic factor and plays an important role in the social reorientation of persons in prison, therefore, it is necessary to take all possible measures to preserve and strengthen it.

2. Due to the fact that church weddings are currently a fairly widespread phenomenon, they should be given a certain legal assessment, which, in our opinion, should consist in the possibility of two options for pre-registration behavior: first, registration of marriage in the general procedure in the registry office; secondly, a wedding in a church and a simplified procedure for recording the act of registration on the basis of a church certificate. These methods of pre-registration behavior should be extended to persons serving sentences in a correctional institution.

3. It is advisable to cancel the need to obtain permission to register a marriage from the person or body in charge of the case, since this is an unreasonable limitation of the marriage legal capacity of citizens.

4. In connection with the wide spread of marriages of persons sentenced to imprisonment by correspondence, we consider it expedient to send to persons wishing to marry a convicted person an extract from the personal file of the convicted person. It should indicate under which article

The Criminal Code was convicted, the term of imprisonment, what is the number of convictions, is the person recognized as a particularly dangerous recidivist, as characterized during the period of serving the sentence, as previously characterized in everyday life.

5. To ensure compliance with the principle of monogamy and the inadmissibility of marriages between close relatives by convicts at the level of the Supreme Court of the Russian Federation, it is worth giving instructions that information characterizing the legal status of the suspect, the accused should be entered into procedural documents from the original registration documents, and not from the words of the convicted person.

6. In the interests of the birth of healthy offspring and the creation of a normal, full-fledged family, the practice of foreign countries should be adopted to provide the registry office with a medical certificate on the absence of diseases that prevent marriage.

7. The analysis of the current legislation leads to the conclusion that the family is an independent legal entity and therefore its legal definition is necessary. According to the candidate for a degree, the family should be defined as a social and legal community of persons associated with family functions, as well as the rights and obligations provided for by the legislation on marriage and family.

Taking into account the general characteristics inherent in the families of convicts, the proposed definition should be supplemented with the words: "with its inherent specificity in the performance of functions and the implementation of rights and obligations, due to the presence of one of the family members in a correctional institution."

8. In order to enhance the role of the penitentiary administration in the implementation by convicts of their family-legal status, it seems necessary at the legislative level to determine the forms of such participation. We offer Part I of Art. 43 of the ITC of the RSFSR to state in the following wording: “Political and educational work is carried out with persons deprived of their freedom, aimed at educating them in the spirit of an honest attitude to work, accurate observance of laws and respect for the rules of hostel, respect for property, to raise consciousness and cultural level, on the development of useful initiative of convicts and fostering a sense of responsibility towards the family. "

9. In order to exclude the deprivation of the right of a convicted person to express his consent to divorce, we propose, while maintaining the administrative procedure for dissolving a marriage with persons sentenced to imprisonment for a period of at least three years, to divorce with the consent of both spouses, i.e. according to the rules of Art. 38 CoBS of the RSFSR.

A short-term meeting between the spouses can help to clarify the question of the further preservation of marital relations, or their termination. The possibility of providing a meeting on this basis should be reflected in Part 3 of Art. 26 ITK RSFSR.

10. As shown by the generalization of judicial practice, if one of the parties in a divorce case is a convicted person, the court does not take measures to reconcile the parties, although from the meaning of Art. 33 of the CoBS of the RSFSR, such an exception does not follow. We believe that an attempt at reconciliation, as a way to preserve the family, should not be ruled out in this case. The postponement of the proceedings for reconciliation of the spouses, if at least one of them is in places of deprivation of liberty, should be one-time, since during the period of reconciliation the spouses do not live together and repeated postponement of the proceedings is unlikely to be justified and will give a positive result. It seems that this proposal should be reflected in the decision of the Plenum of the Supreme Court of the Russian Federation, as one of the means in stabilizing the families of convicts.

11. To implement the principle of inevitability of punishment for a committed offense, we propose to provide in the law a rule that, when resolving a case on a claim for invalidating a marriage, the court must find out whether as a result of such a marriage any rights were acquired by the unscrupulous party and terminate their effect for the future. You should also establish unfavorable property consequences for the unscrupulous party by analogy with Art. 49 of the Civil Code of the RSFSR.

12. In order to prevent the conclusion of invalid marriages by convicts on the grounds of satisfying their sexual needs, as well as to ensure their right to maintain socially useful ties, we propose to significantly increase the number of long-term visits of the convicted person with his spouse and other relatives. Allow the convicted person to meet with the "actual" spouse (first as an experiment in several colonies)

13. We propose to exclude the right to change the general order of surname, name, patronymic by persons with a criminal record, as contrary to the successful adaptation of persons released from prison.

14. In connection with the socio-economic changes taking place in society, the right to conclude marriage contracts should be enshrined as a method of regulating property matrimonial relations, including with the participation of a spouse sentenced to imprisonment.

15. In order to protect the interests of the counterparty to the transaction and the spouse who is not involved in the transaction, we propose to limit the scope of the presumption of consent of the spouses to dispose of joint property within the framework of small household and household transactions, this will be even more so than for citizens who are at large. to promote the protection of the legal rights and interests of the owner-spouse convicted of imprisonment.

16. We consider it necessary to support the idea of establishing family legal responsibility for the culpable failure to fulfill the alimony obligation and the priority method of paying alimony on a voluntary basis.

The implementation of these conclusions and proposals, in our opinion, will serve to strengthen the family of the convict and protect the personal and property rights of the spouses.

THE MAIN PROVISIONS OF THE DISSERTATION STUDY ARE PUBLISHED IN THE FOLLOWING PUBLICATIONS:

1. The role of the penitentiary administration in the implementation of the marriage and family rights of convicts // Protection of the rights and interests of citizens, enterprises, organizations. - Kemerovo, 1989 .-- S. 222 - 224.

2. Development of the legal framework for registering marriage with prisoners sentenced to imprisonment (historical and legal issues) // Legislation on marriage and family, and the practice of its application. - Sverdlovsk, 1989.S. 25 - 28.

3. Improvement of norms on the law of common property of those sentenced to imprisonment // Creativity and Law: Abstracts of the scientific-practical conference of Tyumen State University. - Tyumen, 1990.S. 17 - 19.

4. On improving the legal basis for registration: marriage with prisoners sentenced to imprisonment // Criminal law measures to combat crime in the context of perestroika. - Sverdlovsk, 1990.S. 153 - 156 (co-authored).

5. Convicted to imprisonment as subjects of alimony legal relations between spouses // Materials of the final scientific-practical conference. - Tyumen, 1992.

6. Conditions for registering marriage with persons sentenced to deprivation

freedom // The place of the higher educational institution of the Ministry of Internal Affairs of the Russian Federation in improving the activities of the internal affairs bodies and the educational process. - Tyumen, 1993.S. 45 - 48.

Information updated:12.03.2012

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| Persons | Defense of dissertations

Greetings to visitors to my blog!

I hope that the information I am sharing with you is useful to you and answers your questions.

Today I would like to touch upon such a sensitive issue as the conclusion of a marriage with a convict. It is clear that the standard marriage procedure is different from this one. If people are behind bars or one of them is imprisoned, there are special rules. We will consider them further.

What is the reason for the difference in marriage between convicted people? First of all, this is due to the restrictions imposed on their freedom of movement. These people are deprived of the opportunity to choose a registry office and are not able to afford a solemn ceremony in its generally accepted meaning. Also, they cannot invite guests in any number, according to their discretion.

Grounds for registration

The basis for registering a marriage with a person serving a sentence for criminal acts is an application completed by both parties who have expressed a desire to start a family. This application must be completed in accordance with all legal requirements.

During the marriage with the participation of the convicted person, no more than two people can be invited.

But they must also obtain the appropriate permission in writing for this. If, by the time the wedding is scheduled, the prisoner is transferred to a punishment cell due to disciplinary action, the wedding will be postponed until the time of this measure comes to an end.

The Family Code of the Russian Federation regulates the provision according to which a man and a woman, by voluntary consent, have the opportunity to marry. To do this, they must come of age. Also in Russia, a law has been adopted, according to which marriages are concluded only between representatives of different sexes. Even if third parties file appropriate protests, this will not affect the marriage procedure in any way. Any attempts to dispute this point will not have legal force.

In our country, the marriageable age is considered to be the moment a citizen reaches the age of 18.

In some cases, if there are compelling reasons, representatives of the relevant authorities can make a concession and allow a guy and a girl to register a marriage at the age of 16.

What reasons can be taken as valid? This is pregnancy or childbirth, military conscription, etc. When an application is submitted, the newlyweds must pay a state fee. This fee is charged for registering a marriage and obtaining a corresponding certificate.

List of required documents

To register a marriage, a standard application is prepared. A package of documents is attached to it, which are received by the registry office employees.

It includes:

divorce certificate, if the person was previously in it;
any other document confirming the invalidity of the previous marriage, if such a moment took place;
a receipt stating that you paid the state fee.

The registry office employees accept your application as soon as the above package of documents passes into their hands. At the same time, the employees of this institution may refuse to register if they find out about any obstacles to this.

It also happens that at the time of filing an application and registration of a marriage relationship, a person has not yet been convicted, but is in custody. In this case, the administration of the body that has all the materials on the defendant's case is notified.

The investigator must also be notified that the person under investigation is about to get married. He must also put his mark on the application.

Restrictions on entering into a marriage with a prisoner

The list of possible restrictions on marriage is considered exhaustive. As mentioned above, the restrictions on marriage are explained by the specifics of the situation. A prisoner cannot leave the walls of the institution in which he is placed. This person is deprived of freedom of movement. Also, the prisoner cannot invite as many people to the wedding as he sees fit.

As for the location, this is by no means a registry office.

In order to register a marriage that will receive a legal basis, the person who concludes an agreement with the person under investigation must himself appear at the address of the location of the correctional institution.

For the registration of marriages, a special room must be allocated, located within the walls of the same correctional institution. It should be allocated by the head of the prison, having coordinated this moment with the employee of the registry office, who will register the marriage.

The possibility of registration at the local registry office is provided for those people who are serving sentences in a colony-settlement.

There are also cases when a marriage is refused. But they can be designated as actual moments for ordinary citizens as well. Judge for yourself:

registration of marriage is not possible between people, one of whom is already married;
marriage is not possible between related persons. At the same time, brothers and sisters who do not have common parents, that is, stepbrothers, can enter into marriages;
people who are adoptive parents cannot marry adopted children. Such relationships are in the same category as kinship;
it is prohibited to register a marriage if any of the spouses is declared legally incompetent.

On the other hand, if it is established by the court that a person has recovered and is well aware of what is happening, no one and nothing can prevent such a marriage.

You cannot come to the wedding ceremony in the registry office in a state of alcoholic or drug intoxication. In this case, the spouses will be refused.

Even if the registry office employee agrees to register the marriage, provided that at least one of the above points is present, in the future this union may be legally invalidated.

Algorithm of actions

Let's imagine that you are in a place not so distant, and your loved one wants to marry you. The first thing to start with is writing a statement. This must be done by the groom or the bride who is at large. The application is filled in according to the established template and sent to the registry office at the place of residence. You can also focus on an institution that is geographically related to the location of the colony.

Following this, the representative of the registry office checks the data contained in the application. If everything is written down correctly, he puts his signature and the seal of the institution on the document

Further, the application goes back to the applicant, who must send it to the place of serving the sentence of the second person intending to marry. A person serving a sentence must fill out an application with his own hand. The correctness of entering the data is checked in this case by the administration of the correctional institution. Again, if the prisoner wrote down all the data correctly, the administration certifies the document. After that, the application is sent to the registry office, which is geographically located in the same place as the correctional institution.

Where to get a form for writing an application to a prisoner, if he first wanted to get married? If the opposite party has expressed its consent, the prison administration issues a special form to the prisoner. As soon as it is completed, it is checked and certified in the administration office. Following this, the form is handed over to the person who is ready to marry the prisoner. In parallel, the opposite person is notified of the location of the registry office at the location of the correctional colony.

The second person, after receiving the application, fills it out and receives an assurance from the registry office employee at his place of residence. Also, the second party must personally sign the document. Only after that, the application can be sent to the registry office at the location of the correctional colony.

What does the registry office do that receives such an application? The staff of the institution selects the optimal registration date and informs both parties about it, wishing to formalize the marriage.

The bride and groom can register their relationship officially as soon as 2 months have passed from the date of application. A marriage must be registered in the presence of both persons who have expressed a desire to formalize their relationship officially.

What happens after the marriage is formalized? A person who wants to formalize a relationship with a convicted person is subsequently issued a certificate. At the request of the convicted person, he may also be given a copy of such a certificate.

After marriage, a person, as you know, has the right to change his surname. If this happened, changes are made to the convict's questionnaire. Also, the employees of the correctional institution record information that from now on their prisoner is married. Any changes of this kind are certified by the registry office, and specifically by the employee who registered this marriage. To do this, the specified employee simply puts his signature on the document.

On the territory of our state, small churches still function where places of deprivation of liberty are located. If you want to hold a wedding ceremony, then I hasten to please you: the administrations of many correctional institutions do not interfere with this at all.

Consequences of Marrying a Prisoner

Many people mistakenly believe that, being in places not so remote, and having been married to a free citizen, they will automatically receive the opportunity for early release. This is by no means the case.

If the specifics of your work is such that it is highly discouraged to have imprisoned relatives, then you should not be surprised at the problems that have arisen. This is true for representatives of such professions as lawyers, judges and other employees of the law.

I also want to draw your attention, especially to women who start relationships with prisoners. Very often, relationships with prisoners begin by correspondence. A woman falls in love and begins to sincerely believe in the reciprocity of these feelings. But does a new acquaintance love a woman as much as she loves him? I would question this point a lot.

Often, prisoners enter into a correspondence relationship for a single reason: the bonuses they give, namely:

the possibility of long visits, which all other convicts are deprived of;
the wife gives the prisoner homemade food, warm clothes and cigarettes.

Perhaps you, as a free person, will have the opinion that all these are not so important moments for existence. However, anyone who is imprisoned very quickly begins to miss the deliciously cooked food, the home comforts that are scarce in the zone.

Women in love, agreeing to marry a prisoner, need to take this into account that their faithful, after release, has the right to divorce and go wherever he pleases.

Please note that material support for spouses is their legal obligation. It turns out that if you marry a convicted person, transmissions from the free will become more of a duty for you, and not an act of goodwill.

I would like to point out that from the moment of marriage, everything that you buy will be considered joint property. If your imprisoned husband is released, in case of divorce, he has the right to demand half of the property you bought. And he will be right. And this is despite the fact that there will be no cohabitation in fact. You will only be able to get 3 short-term and same long-term dates in the whole year. I strongly advise you to consider all these points several times before entering into such a relationship. Think, but will they bring you happiness? Do you really need them?

About marriage registration in prison in the video: