Conflict of laws regulation of the international family relations in the Russian Federation (legislation and jurisprudence)

Государство и право. 2021. No. 12. P. 127–142.

Kasatkina A., Getman-Pavlova I. V.

Russian conflict of laws rules that determine the choice of law applicable to marriage and family relations associated with foreign law and order came into force in 1995 and have been in effect for more than 25 years. Despite the fact that this problem has been studied in great detail in the Russian legal doctrine, the relevance of the analysis of conflict of laws rules set forth in the Family Code of the Russian Federation is by no means exhausted due to the large-scale reform of the rules of private international law in the Civil Code of the Russian Federation and the current legislative regulation of international family relations in other States. The article concludes that conflict of laws regulation of the international family relations in the Russian Federation adopted more than 25 years ago needs serious modernization. It is reasonable to carry out the corresponding updating in the following directions: maximum specification of the content of conflict of laws rules for the purpose of more differentiated regulation of the family relations; establishment of a complex and detailed system of the connecting factors aimed at correct determination of the law the most closely connected with the relation and decision-making; the expansion of possibility of choice of the applicable law to divorce and property relations; application of the law the most favorable for a child should become a dominating connecting factor.

Keywords: международное частное право, коллизионное регулирование, private international law, autonomy of will of the parties, автономия воли сторон, наиболее тесная связь, conflict of laws regulation, marriage and family relations, наиболее благоприятное право, the Family Code of the Russian Federation, the most favorable law, the closest connection, Семейный кодекс Российской Федерации, брачные и семейные отношения