Shkorupeyev D. Procedural order of alimony recovery cases consideration in civil proceedings

Qualifying research paper as a manuscript. Thesis for PhD’s degree in specialty 081 - Law. - National University «Odesa Law Academy», Odesa, 2021. In civil procedural law of Ukraine, the thesis is the first special complex research on the procedural order of consideration of alimony recovery cases in civil proceedings.On the analysis grounds of theoretical developments the problematic issues of defining the concept and essence of alimony obligations are investigated. Theoretical provisions on the distinction between the terms ‘alimony’ and ‘allowance’ are refined. It is concluded that they are inherently different but, at the same time, interdependent. The term ‘allowance’ is broader than the term ‘alimony’; it is argued by the fact that allowance is granted voluntarily by persons who are, under family law, responsible for maintaining; in cases of non-voluntary obligation to maintain, the recovery of alimony is applied compulsorily by a court decision or by a notary’s writ of execution. By analyzing the legislation and the existing scientific views the definition of such concepts as ‘alimony’ and ‘alimony obligations’ is refined. It is proposed to consider ‘alimony’ as payments for the maintenance of children, one of the spouses, other family members and relatives in cash and (or) in kind, paid in accordance with a court decision or contract compulsorily by a person who, in accordance with the rules of family law, is obliged to carry out such maintenance; ‘alimony obligation’ is considered as a legal relationship governed by family law of Ukraine under which one party is obliged to maintain the other party in accordance with the terms and conditions prescribed by law, and the other party has the right to demand fulfillment of such duty. It is proved that ‘alimony obligations’ refer to family legal relations as they are regulated by the Family Code of Ukraine and differ from obligations in civil law, because they have certain features, namely alimony obligations: arise only between the subjects of family relations; they only arise on the grounds specified by family law; they are personal in nature; they are not subject to retaliation, etc.