#3 - JRL 2006-172 - JRL Home
From: Elena Kobyakina <elena.kobyakina@mail.ru>
Subject: Property Rights of Russian Women
Date: Tue, 01 Aug 2006
I would like to ask if any experts can comment on following subject. I have interest in this subject for practical reasons but also because I believe that subject of democracy and fundamental rights of people in a democratic country have to apply to weak people. In this case to women and children. I think all discussion about real democracy and free speech is really useless if we decide to ignore what life and oppression weak people suffer. Russia is dictatorship of men and women are objects who have very little defense. In this respect, I would like to know:
a. Which laws in Russia govern rights to property for women. For example what rights a woman has to property of her former husband. In most European countries and the United States it is almost half of man's property which he creates during marriage.
b. If a Russian court gives this right to a woman (half of property) will this order be followed by other nations? For example if the Russian man has bank account and property in London, Zurich, Cyprus, Bermuda and many other countries and very little in Russia but his marriage and divorce were in Russia then will all these countries respect rights of Russian woman if Russian court orders such. Russia is member of UN and G8 so does order by Russian court have affect in the UK and Switzerland?
c. How rights of Russian women compare with rights of women in other developed countries like G8.
d. In more complex case, what is right of a woman in common law relations where no marriage takes place but couple live together for many years. Does the woman have same rights as other western women?
e. I am also curious if Russian law recognizes relations of homosexual couples. I know in United States marriage of homosexuals is not allowed in many states but they have legal rights as couples. Is such permitted in Russia?
f. By same principle have children of a man and woman not-married, any rights to property of father? I do not speak here about child support money. The question is about property rights.
g. Only two cases are known in Russia in this regard. One was case of oligarch Alexei Mordashov whose wife claimed half of his assets. We know only that he gave her some money, enough but not half of his property which he tried to sell to Luxembourg company Arcelor for many billions dollars. Second case in court was June 30 in Moscow when American woman Tina Jennings claims 150 million dollars and shares in Renaissance Capital Bank of her husband New Zealand citizen Stepehn Jennings who also lives in Moscow. It will be interesting to see how Russian court decides because this woman has ability to go to courts everywhere in world and claim her right. But to my mind there is even more interesting question. What is the rights of the woman with whom a man has relations outside marriage. I have checked information on some court cases in United States and United Kingdom when women claimed some money from their boy-friends and also received material support for children. But I find no such information in Russia.
Please do not confuse this matter with subject of exploitation of women at work, sexual harassment, hitting of women in home ( domestic violence,) rape etc etc etc and other crimes against women. In those respect the Russian law is clear but society is slow to adopt change which government already adopts. We must blame the problems of Russian society for many of these problems and not always government. Government responsibility starts in my view when women take the case to law. So we should consider what law does when a case is taken to it by woman.
If you would like to make comment, please go to Google Group http://groups.google.com/group/Russian_women I make no censor of this group and all are welcome to join and give their comments.