scholarly journals THE REPRESENTATIVE ISSUES IN FAMILY AND LEGAL RELATIONS UNDER THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN

2021 ◽  
pp. 228-232
Author(s):  
Jumagul Anvarovna Dadaboeva
Keyword(s):  
Key Words ◽  
Scientific Literature ◽  
Social Economic ◽  
Family Law ◽  
Family Relations ◽  
Legal Reform ◽  
Legal Regulation ◽  
Legal Reforms ◽  
The Family ◽  
The Republic

The article analyzes the issues of representation in family law relations under the legislation of the Republic of Uzbekistan with the help of scientific literature and normative legal acts. The study also highlights the implementation of a number of social, economic and legal reforms in Uzbekistan aimed at further strengthening the family and creating a system of consistent legal regulation of family relations KEY WORDS: Republic of Uzbekistan, legislation, legal reform, family law, representation, law, family law.

scholarly journals Family and Its Place in the Structure of Civil Relationships

2018 ◽  
Vol 50 ◽  
pp. 01238
Author(s):  
Khurshed Nasirov
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Cultural Issues ◽  
Specific Nature ◽  
Social Unit ◽  
Independent Family ◽  
The Family

The author studies the place of the family in the structure of family relations. The correlation between civil law and family law in Soviet, Russian and Tajik legal science is considered. According to the author, the family is a social unit of society with the help of which people seek to solve demographic, economic and cultural issues. It is stated that the family is an alliance of persons created on the marriage, kinship, birth and adoption of children, as well as their upbringing. Accordingly, such alliance leads to the development of certain personal non-property and property rights and obligations based not only on mutual interests and concerns, but primarily on the related ties. In this regard, it seems logical that the specific nature of these rights and obligations requires the use of special tools for legal regulation; the content of legal relations arising on their basis is considered to be independent family relations.

scholarly journals Specifics of Legal Regulation of Property Relations of Minor Family Members

2021 ◽  
Vol 2021 (2) ◽  
pp. 165-173
Author(s):  
Svetlana Voronina
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Property Relations ◽  
Parents And Children ◽  
The Family ◽  
Organizational Relations ◽  
Private And Public

he present research considered the property rights of minors by comparing civil and family legislation. The article covers various matters of separate ownership of parents and children, property management, and the behavior of parents, as well as sectoral and inter-sectoral legal relations as a whole based on family relations. The research was based on normative legal acts, scientific publications, and precedents. Family law regulates the property relations between parents and children regarding the maintenance and personal belongings. Any other property rights of minors fixed by the Family Code go beyond the limits of family law and are part of civil law. The basis of civil property relations of minors is the family relations. Therefore, they have to take into account social and legal relations between parents and children. A prerequisite for the emergence and implementation of property relations is the organizational relations that arise between the subjects of private and public law. Authorization by the guardianship authority ensures the protection of the property rights and interests of children. The regulation of property relations involving minors and their legal representatives is subject to inter-sectoral and inter-subject interaction, which must be taken into account when implementing the rights of minors and protecting them.

scholarly journals Family Law in the Context of a New Social Reality Formation: Doctrinal Principles of Law Enforcement

Lex Russica ◽  
2021 ◽  
pp. 124-133
Author(s):  
D. S. Ksenofontova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Family Law ◽  
Family Relations ◽  
Social Reality ◽  
Legal Regulation ◽  
Traditional Family ◽  
Judicial Practice ◽  
The Family ◽  
Fair Balance

Improving the legal regulation of family relations involves the search and implementation of new social, organizational, legal and other measures to support the functioning of the traditional institution of the family. At the same time, family legislation does not always take into account modern trends in the life of society, which to a certain extent hinders the exercise and protection of family rights, as well as ensuring a fair balance of interests of participants in family and other relationships. In this sense, in some cases, higher courts react most effectively, taking into account even minor changes in social reality in a timely manner.The transformation of the family law in the context of changing social reality is based on two conceptual principles: firstly, the preservation of traditional family values of Russian society and, as a consequence, the reflection of such at the legislative level and in judicial practice, and secondly, legislative and law enforcement response to the latest social practices. These principles of transformation of family law complement each other, allowing us to take into account the public demands of various social groups.The main directions of the modern transformation of family law, reflected in judicial practice, include the following. First, the expansion of the sphere of family law regulation of public relations is due to the complexity of the system of social relations. Second, it is the expansion of the system of intersectoral relations of family law, caused by the complexity of the legal regulation of public relations in general. Its consequences are a shift in emphasis in ensuring a fair balance of interests of participants in family and other legal relations, the strengthening of civil law principles in the regulation of family relations, giving traditional family law institutions new optional properties and purpose, including the penetration of public legal goals in the private legal field of family life. Third, it is to ensure gender balance in family relations at the law enforcement level.

scholarly journals On Imperfection of Family Laws of the Russian Federation

2020 ◽  
Vol 12 ◽  
pp. 10-16
Author(s):  
Irina S. Merzlyakova ◽  
Keyword(s):  
Russian Federation ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Legal Norms ◽  
The Family ◽  
Family Practices ◽  
Life Itself ◽  
The Russian Federation

The article is devoted to the substantiation of the need to improve the family legislation of the Russian Federation due to the lack of legal norms that clearly regulate modern forms and problems of marriage and family practices, as well as due to the contradictions existing in Russian family law. Life dynamics, a variety of life realities, value transformations are not “covered” by the current legal field: many conflict and controversial situations of modern marriage and family relations remain outside the legal regulation. This fact indicates the lag of law from life itself.

Family Law Trends in Ukraine

2021 ◽  
Vol 10 (1-2) ◽  
pp. 170-187
Author(s):  
Vyacheslav I. Truba ◽  
Lyudmila M. Tokarchuk ◽  
Stella Ye. Morozova
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Basic Principles ◽  
National Planning ◽  
Current State ◽  
The Family ◽  
Planning Development ◽  
Family Code ◽  
Careful Comparison

Abstract The paper provides the results of the analysis of the current state of legal regulation of family relations in Ukraine, and summarises the main problems of the legislation that establishes general principles of regulation of family relations. Particular attention is devoted to the research into the basic principles of family law, and how they are reflected in the Constitution of Ukraine and the Family Code of Ukraine. To assess the compliance of the Family Code of Ukraine with current societal developments, a careful comparison of its provisions with the principles developed by the Commission on European Family Law (cefl) is needed. The family legislation of Ukraine requires detailed monitoring, factoring in the provisions of a questionnaire developed by the Commission. There is a need to introduce a system of national planning, development and adoption by the Verkhovna Rada of Ukraine of the concept of national legal policy.

scholarly journals HISTORY OF DEVELOPMENT OF MARRIAGE AND FAMILY LEGISLATION OF UZBEKISTAN

2021 ◽  
Vol 8 (12(81)) ◽  
pp. 30-33
Author(s):  
N. Kuchkarova
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Marriage And Family ◽  
History Of Development ◽  
National Family ◽  
History Of ◽  
Family And Marriage ◽  
The Republic ◽  
The Relationship

The article examines the legal regulation of the institution of family and marriage in national family law, as well as marriage as a legal institution, the concept of marriage. The author analyzes the relationship between the norms of family law and morality in the regulation of marriage and family relations. The history of the development of legislation on marriage is studied. The author pays attention to the borrowing of foreign experience in the legal regulation of the actual marriage and family relations between men and women in the Republic. The order and conditions of marriage.

scholarly journals MODERNIZATION OF LEGAL REGULATION OF OSSETIAN’S MARRIAGE AND FAMILY RELATIONS

2020 ◽  
Author(s):  
Т.Т. ДАУЕВА
Keyword(s):  
Gender Stereotypes ◽  
Family Relations ◽  
Legal Regulation ◽  
Customary Law ◽  
Annual Reports ◽  
Marriage And Family ◽  
The Family ◽  
Traditional Marriage ◽  
The Russian Empire ◽  
Traditional Norms

В статье представлен сопоставительный анализ инноваций в семейной сфере осетин, их синтеза с традиционными компонентами семейного быта. Особое внимание уделяется особенностям взаимодействия таких институтов регулирования, как обычное право осетин, церковные установления и законодательство Российской империи. Теоретическую основу работы составили концепции ученых, исследовавших проблемы традиционных брачно-семейных отношений, особенностей трансформации семьи в период пореформенной модернизации. Источниковой базой для статьи послужили ранее не опубликованные архивные материалы: судебные дела по разводам, выплатам калыма, двоеженства; переписка Владикавказской епархии с начальником округа; ежегодные отчеты начальников округов Осетии начальнику Терской области. Новизна предопределена предметным обращением к новациям и их конкретным результатам: противоречиям между традиционным укладом семьи и некоторыми трансформациями, например, изменениями гендерных стереотипов и пр. Объектом исследования является традиционная осетинская семья XIX в. с характерными для той поры обычаями и традициями. Своей целью мы поставили выявление особенностей внедрения новаций, присущих российскому администрированию, в брачно-семейную сферу осетин. Следует уточнить, что научному анализу подвергаются отдельно взятые аспекты традиционных норм и установок патриархальной семьи. Высказывается мнение, что именно в семье воплотились наиболее значимые трансформации гендерных стереотипов, что имело свое отражение и в некоторых аспектах этнического сознания осетин. The article presents a comparative analysis of innovations in Ossetians family sphere and their synthesis with traditional components of family life. Special attention is paid to the peculiarities of interaction between such regulatory institutions as Ossetian customary law, church orders, and the legislation of the Russian Empire. The theoretical basis of the work is based on the concepts of those scientist who researched the problems of traditional marriage and family relations, the peculiarities of family transformation in the period of post-reform modernization. The source base for the article was previously unpublished archival materials: court cases on divorce, bride prices; the Vladikavkaz diocese correspondence with the district chief; annual reports of the district chiefs of Ossetia to the chief of the Terek region. The novelty is predetermined by a substantive appeal to innovations and their concrete results: contradictions between the traditional way of life of the family and certain transformations, for example, changes in gender stereotypes, etc. The object of the research is a traditional Ossetian family of the XIX century with customs and traditions typical for that period. Our goal is to identify the features of introducing innovations applied by Russian administration in the marriage and family sphere of the Ossetians. It should be clarified that only specific aspects of traditional norms and attitudes of the Patriarchal family are subject to scientific analysis. It is suggested that it was in the family where the most significant transformations of gender stereotypes took place, which was also reflected in some aspects of the ethnic consciousness of the Ossetians.

scholarly journals The principle of self-determination in the family law through history and today

2004 ◽  
pp. 159-178
Author(s):  
Gordana Kovacek-Stanic
Keyword(s):  
Parental Care ◽  
Family Law ◽  
Family Relations ◽  
Historical Context ◽  
Civil Code ◽  
Self Determination ◽  
200Th Anniversary ◽  
Parents And Children ◽  
The Family ◽  
The Moment

In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.

scholarly journals BANKRUPTCY ESTATE OF THE DEBTOR’S SPOUSE: AN INTERSECTORAL ASPECT

2020 ◽  
pp. 26-30
Author(s):  
А.S. Salimov ◽  
S.V. Voronina
Keyword(s):  
Common Property ◽  
Family Law ◽  
Family Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Bankruptcy Law ◽  
Joint Ownership ◽  
The Common

The bankruptcy estate of the debtor spouse is all property belonging to him both on the basis ofindividual and joint ownership, including unfulfilled property obligations. The composition of the propertyof spouses is determined by the rules of family law, taking into account the legal regulation of certain typesof property, which requires special attention when forming the bankruptcy estate of the debtor spouse. Thebankruptcy estate may include the property of a citizen, making up his share in the total property, which maybe levied in accordance with civil law, family law. Family relations are built on the principle of community,which affects the implementation of bankruptcy law. To foreclose on the share of the debtor spouse, it isnecessary to separate the share of the debtor spouse from the common property, while the bankruptcy lawallows the sale of common property with the subsequent payment of funds to the debtor’s spouse.

MATRIMONIAL PROPERTY RELATIONS IN THE INTERNATIONAL FAMILY LAW: METHODOLOGY OF REGULATION

2017 ◽  
Author(s):  
Yevhen Tkachenko ◽  
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Family Law ◽  
Family Relations ◽  
Self Regulation ◽  
Essential Element ◽  
Legal Regulation ◽  
Legal Regime ◽  
Property Relations ◽  
Law Regulation

As a result of this study, the family law regulation of matrimonial property relations was found to have its specific mechanism which is defined as a single system of legal ways and means providing mainly dispositive legal influence on family relations that allows significant influence of individual self-regulation and restrictions of prohibitions. At the present stage of study, this mechanism is considered as a ‘complex’ phenomenon which has several layers. Therefore, different interpretations of the mechanism for family law regulation of matrimonial property relations, derived at various levels, show not only their distinctive but also their common features. Determination of heterogeneous circumstances affecting the matrimonial property relations requires an analysis of the content and legal regulation of the relations related to property ones, since they are influenced by the mechanism for family law regulation of matrimonial property relations. Therefore, the methodology is the most essential element of this mechanism: it reveals the basic legal principles of family law regulation and directly connects legal tools with the objectively determined needs of social life by using the regulatory functions of law. The structure of the methodology of the mechanism for family law regulation of matrimonial property relations includes permits, prohibitions, instructions, incentives, obligations, sanctions and other ways to influence proper relationships. Methods of family law regulation are determined as methods of legal influence on the relevant social relations. They reflect the essence of a particular legal regime of regulation, while serving as a unifying principle which groups the system of family law and other legal phenomena within the institutions of family law. In this sense, the main methods of legal regulation are the method of subordination and the method of coordination. As a result, it is determined that each family law method reflects a special legal regime of regulation and depends on the formation of a specific set of techniques and means of regulation, among which a special place is occupied by general permits and general prohibitions.

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