RUSSIAN COLLISIONAL LAW IN THE FIELD OF MARRIAGE-FAMILY RELATIONS: TOPICAL PROBLEMS AND WAYS TO IMPROVE

The article discusses issues related to the choice of law applicable for the regulation of marriage and family relations with the presence of a foreign element. In conditions of active population migration, the number of cases of marriage between persons with different nationalities, as well as marriage in a foreign country, is increasing. In this regard, the question of which country’s legislation should be applied to relations arising from the conclusion and dissolution of such marriages is of particular relevance. Of fundamental importance in the matter of regulating international marriage and family relations in Russia are the provisions of Section VII of the Family Code of the Russian Federation. However, many conflict norms of this section do not correspond to modern conditions and require modernization. The purpose of this study is to study the pressing problems of Russian conflict of laws in the field of regulation of international marriage and family relations and to find ways to solve them. As a result of a comparative legal analysis of the approaches of the foreign legislator and law enforcer to resolving these issues, the author formulates his own point of view on how to improve the Russian conflict of laws legislation.

conflict of laws rules, return sending, family relations, marriage, divorce, foreign legal order