Subject and limits for penitentiary supervision of the prosecutor's office

The article examines the means of individual legal regulation of property relations of spouses. The problem of the above means is a debatable one both in the theory of law and in branch legal sciences. Having analyzed different viewpoints, the author came to the conclusion that an individual legal act is the main instrument of individual legal regulation of property relations of spouses. Each type of individual legal regulation has its own form of individual acts. Thus, autonomous regulation is exercised with the help of unilateral acts, a coordinative one with the help of agreements and subordinated regulation is exercised with the help of enabling legislation. Unilateral acts include the consent of one of the spouses to his/her marital partner to make transactions with their matrimonial property. Such consent should determine not only the subject of a transaction but other conditions to be observed. Acts of coordinative regulation play a leading role in the streamlining of marital property relations. Agreements mentioned in the Family Code of the Russian Federation are: marriage contract, separate property agreement and alimony agreement. The author concludes that legislators don't exclude the existence of other agreements regulating marital property. But legislation in the sphere of property relations of spouses lacks clarity. The article states that court decision is the principal form of subordinated regulation of property relations of spouses. The means under analyses don't cover administrative acts. The author has examined the statement provided in legal literature that means of individual legal regulation should include legal norms and thinks that rules of law represent the basis for individual regulation but cannot be considered its means. In the end of the article the author comes to the conclusion that coordinative regulation acts should be of primary importance because they represent the mutually agreed declaration of intents of spouses and take into account the interests of both parties of marital legal relationship. Further development of both the system of means of individual legal regulation and legislation will help to ensure the interests of the family on the whole, promote the performance of its social functions and maintain family relations in case of conflicts.

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