In the novel, Douglas Adams’ Hitchhiker’s Guide to the Galaxy "42 — this is the final answer on the second computer’s grandeur in the whole universe of space-time Ultimate Question of Life, the Universe and Everything. This response was calculated computer seven and a half million years, and it looked forward to every reasonable race in the universe.
Questions - Answers
14 August 2011
I had a husband, officially we were not divorced, he left me and for 2 years I hadn’t known where he was and what happened to him. He was stated missing on unknown circumstances in court, and the marriage was dismissed. One year ago I got married again. But some time ago my former husband unexpectedly appeared. Now he says he is to reestablish our marriage. Is this possible? (Ann, the town of Saratov)
Under the circumstances described, the undesirable marriage can’t be reestablished because the spouse has married to her new husband.
20 June 2011
Good afternoon! Half a year ago I worked as an assistant to the chief accountant in a commercial bank. A couple of days ago I had a call from the coroner who asked me to come to him to be interrogated as a witness on a criminal case, which allegedly started against the bank chiefs. With this thing in view I have a question: If I am committed to go to be interrogated on a “phone call” by the coroner? If yes, what rights do I have? (Svetlana, Moscow)
You are not committed to. The coroner is committed to summon you for the interrogation by a letter of summons (Article 188 Criminal Procedure Code of the Russian Federation). However I wouldn’t recommend you to find out who knows the Criminal Procedure Code better, you or the coroner, with your stating to the latter: “Shall talk only after I receive the letter of summons”. In response to your dodge, an experienced and creative coroner can shuffle summon papers so, that he will have all the necessary stuff about your being informed stamped without you knowing it. After all this You can unexpectedly be mandatory taken to court. It is always unpleasant.
That’s why I recommend that you should go to the interrogation. Besides, in this situation you could use some useful attorney’s help, who could accompany you. The law entitles a witness to come to the interrogation with an attorney. Having an attorney with you allows evading wrongdoings coming sometimes from the prosecution (bullying, forcing to give necessary for the prosecution testimony under different pretexts).
During the interrogation you have the right not to witness against yourself and your close relatives. Although if you should use this right or not can be advised to you by your legal attorney.
25 April 2011
I possess a privatized before marriage 3 room apartments as my property. At present I live in it with my husband. I want to sell my 3 room apartments for 3 700 000 rubles, and buy a 1 room apartment for 1 300 000 rubles, and a 2 room apartments for 2 400 000 rubles. Who will be the owner of these apartments, me alone or we together with my husband? Whose property will they be in case of divorce under the condition that all the purchases are performed on assets from selling my apartment? (Mary, the town of N.Novgorod)
Property belonging to each spouse before marriage is his property. Separate property is the one, gained during marriage, but for assets being separate or attained after selling separate property. In your case these are two of your apartments bought for money attained by setting your 3 room apartment belonging to you before marriage. But you should also keep in mind that the two apartments bought for your money may be considered mutual property if it is proved that during marriage there has been investment into your apartments, considerably increasing their value (fundamental repair, renovation, and redesign, so on). These investment is to be performed through one of the following sources: a) through mutual property of the spouses; b) through property of each spouse; в) through labor of a spouse.
25 April 2011
We have been divorced with my wife for a year. During the divorce we determined that our child would live with the mother. However now I understand more and more that I disagree with the grow up policy of my wife, who in her turn ignites discredit in our son towards me. I would like our son to live with me some time, and I would like to influence over his growing up and education more. What rights and possibilities do I have? (Sergey, Moscow)
Children growing and education issues should be settled not from the point of parental right, but from the children right point. You should not compete with your former wife for the son. Even if the court decides in your favor, and if even according to this decision you shall have the right to sped certain hours and days with your son, it won’t settle the issue. It will be very difficult to implement this court decision into practice and have full father – son intercourse if your former wife resists. Our legislation is significantly behind from that of Europe in this respect.
In cases like this, I personally recommend my clients to address to a professional psychologist, not an attorney. Sometimes heated emotions overcome reasonable mind and “struggle for the child” becomes a nightmare, where children suffer first and pay with their psychological and behavioral health damaged.
Referring to children care supervision bodies and appealing to court are extremer measures which you should use only if peaceful negotiating is futile.