Conflict of Law Regulation of Marital and Family Relations in International Private Law in Russia

Abstract

Russian conflict of law rules determining choice of law applicable to marital relations related to foreignlegislations came into force in 1995 and in force for 20 years. Within Russian legal doctrine the area hasbeen researched in detail. Nevertheless, the analysis of conflict of law rules specified in the Family Codeof Russian Federation remains relevant due to a large-scale reform of the norms of international privatelaw in the Civil Code of the Russian Federation and the trends which are present in legislative regulationof international family relations in other countries. Chapter 7 of the Family Code The Application of FamilyLegislation to Family Relations with the Participation of Foreign Citizens and Persons without Citizenshipprovides a detailed system of rules determining competent law to regulate majour family relations. Mostconnecting factors are of bilateral nature and provides for the application of foreign laws. However, forthe past 20 years international family relations experienced new regulation, which is evident in nationalcodifications of International private law and in the European Union law. The current legislator extendsthe limits of autonomy of the parties in marital relations on the choice of applicable law, sets special connectingfactors as to cohabitation and partnership, fixes detailed and differentiated choice of law rule. Thepaper concludes that Russian conflict of laws on international marital relations approved more than twodecades ago requires significant update. The update is relevant to maximum transparency of volumesof conflict of law rules to make a more differentiated approach to marital relations, more detailed and arrangedin categories connecting factors targeting the most correct determining the law, closest to the relationand making a decision optimally meeting specific circumstances of cases, broadening the possibilityof the choice of applicable law by the parties on the issues of dissolution of marriage and family propertyrelations. All the problems concerning children applying law the most favourable for child should dominatein conflict of laws doctrine in such circumstances.