New edition of Art. 90 IC RF
1. The right to demand the provision of alimony in court from a former spouse who has the necessary means for this purpose has:
ex-wife during pregnancy and within three years from the date of birth of their common child;
a needy ex-spouse caring for a common disabled child until the child reaches the age of eighteen or a common disabled child from childhood of group I;
a disabled, needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of dissolution of the marriage;
a needy former spouse who has reached retirement age no later than five years from the date of divorce, if the spouses have been married for a long time.
2. The amount of alimony and the procedure for providing it to the former spouse after divorce may be determined by agreement between the former spouses.
Case N1154-O.
Laws and codes » Family Code of the Russian Federation » Section V. Alimony obligations of family members » Chapter 14. Alimony obligations of spouses and former spouses » Article 90. The right of a former spouse to receive alimony after divorce » Case N1154-O. CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
DEFINITION
dated May 26, 2021 N 1154-O
ABOUT REFUSAL TO ACCEPT A CITIZEN'S COMPLAINT FOR CONSIDERATION
GLAZKOV ANDREY GENNADIEVICH FOR VIOLATION OF IT
CONSTITUTIONAL RIGHTS BY THE PROVISION OF PARAGRAPH 1 OF ARTICLE 90
FAMILY CODE OF THE RUSSIAN FEDERATION
The Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleandrova, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtseva,
having considered the possibility of accepting the complaint of citizen A.G. Glazkov for consideration at a meeting of the Constitutional Court of the Russian Federation,
installed:
1. By a decision of a court of general jurisdiction, the requirements against citizen A.G. were partially satisfied. Glazkov to collect alimony for the maintenance of his ex-wife until their common child reaches three years of age. When determining the amount of alimony, the court took into account the financial and marital status of the parties.
In his complaint to the Constitutional Court of the Russian Federation, A.G. Glazkov asks that the provision of paragraph 1 of Article 90 of the Family Code of the Russian Federation be recognized as contrary to Article 19 of the Constitution of the Russian Federation, according to which the ex-wife has the right to demand alimony in court from a former spouse who has the necessary means for this during pregnancy and for three years since birthday of a common child.
2. The Constitutional Court of the Russian Federation, having studied the submissions of A.G. Glazkov materials, finds no grounds for accepting his complaint for consideration.
The provision of paragraph 1 of Article 90 of the Family Code of the Russian Federation, establishing the right of the ex-wife during pregnancy and within three years from the date of birth of a common child to demand alimony in court from the former spouse, is consistent with the tasks of protecting the family, motherhood and childhood arising from the article 38 (part 1) of the Constitution of the Russian Federation. Considered in a systematic connection with other norms of the Family Code of the Russian Federation governing alimony obligations of former spouses, in particular with Article 91 of this Code, according to which the amount of alimony exacted from a spouse (former spouse) in court is determined by the court based on financial and marital status spouses (former spouses) and other parties worthy of attention in the interests of a fixed sum of money payable monthly, the contested norm specifies the principle of building family relations enshrined in paragraph 1 of Article 1 of the Family Code of the Russian Federation on the basis of mutual assistance and responsibility to the family of all its members, aimed at ensuring the preservation of the necessary level of life support for both the recipient and the payer of alimony, subject to maintaining a balance of interests of both parties to the alimony relationship (rulings of the Constitutional Court of the Russian Federation dated April 22, 2010 N 546-О-О, dated October 23, 2014 N 2463-О and from March 24, 2015 N 666-O). In addition, by virtue of these norms, the obligation to pay alimony for the maintenance of a former spouse can be imposed by the court only on persons who have the necessary means for this.
Thus, the challenged legal provision, taking into account the circumstances of the applicant’s particular case, cannot be considered as violating his constitutional rights listed in the complaint.
Based on the above and guided by paragraph 2 of Article 43, part one of Article 79, Articles 96 and 97 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, the Constitutional Court of the Russian Federation
defined:
1. Refuse to accept for consideration the complaint of citizen Andrey Gennadievich Glazkov, since it does not meet the requirements of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, according to which the complaint to the Constitutional Court of the Russian Federation is considered admissible.
2. The ruling of the Constitutional Court of the Russian Federation on this complaint is final and not subject to appeal.
Chairman
Constitutional Court
Russian Federation
V.D.ZORKIN
