scholarly journals Desultory Remarks on the Legislative Improvement of the Russian Federation in the Field of Cross-Border Marriage and Family Relations

Legal Concept ◽  
2019 ◽  
pp. 111-118
Author(s):  
Igor Ilovaisky ◽  
Valeria Dolgova
Keyword(s):  
Law Enforcement ◽  
Family Relations ◽  
Adoptive Parents ◽  
Russian Society ◽  
Private International Law ◽  
Marriage And Family ◽  
Cross Border ◽  
The Status ◽  
Family And Marriage ◽  
Legislative Improvement

Introduction: Russian society is regularly shaken by the reports of the Russian families who have left for permanent residence abroad. It is shocking that abroad, as it turns out, for one reason or another, often far-fetched, it is possible to withdraw children from the family and commit them to more trustworthy, if it seems so to the competent authorities, adoptive parents, to accuse a mother of kidnapping her own child, if she took the child to Russia, to refuse the recognition of the validity of marriages if they were concluded in the territory of this country, etc. All these cases show that the legal regulators that exist in that regard in Russia do not clearly work in other states and do not create sufficient guarantees of respect for the rights of Russian nationals. In this regard, the purpose of the paper is to consider the current state and prospects of normative improvement of the domestic norms of private international law in the regulation of cross-border family and marriage relations. Methods: the research is based on the use of logical, dialectical techniques and methods of scientific knowledge, comparative legal and legal-technical analysis of wording of normative acts and materials of the law enforcement practice. The study was the analysis of Russia’s participation in the standardized agreements both of conflict and substantive nature in the field of international marriage and family relations and the status of the national law in this area. The results of the review became the basis for the conclusion that the Russian legislator was not sufficiently attentive to the processes of international unification and harmonization of the norms governing marriage and family relations with a foreign element. In this regard, the proposals were made to improve the current domestic family law and the acts of law enforcement practice.

scholarly journals SPECIFICS OF THE TREATMENT OF MARITAL AND FAMILY RELATIONS IN PAROLE: LEGISLATIVE IMPROVEMENT

2020 ◽  
Vol 36 (4) ◽  
pp. 138-142
Author(s):  
A.V. Sokolova ◽  
Keyword(s):  
Law Enforcement ◽  
Family Relations ◽  
Legal Regulation ◽  
Criminal Code ◽  
Marriage And Family ◽  
Elderly Parents ◽  
Judicial Practice ◽  
The Family ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to considering the specifics of taking into account marriage and family relations when considering the advisability of applying the institution of parole from serving a sentence in domestic and foreign criminal law. The article analyses the norms of foreign legislation governing issues of parole from serving a sentence, as well as a study of domestic criminal legislation and law enforcement practice on issues of parole. This analysis concluded that there are certain problems in the legal regulation of parole from serving a sentence, and judicial practice often demonstrates different approaches to solving tasks. In addition, the analysis made it possible for the author to argue that the courts practically do not impose obligations on the convicted person related to his marital and family relations. The author proposed changes to Part 2 of Art. 79 of the Criminal Code, according to which the courts, when applying parole, will be required to impose obligations on the convicted person. Among such duties, the author refers to the fulfillment of parental duties, obligations to care for elderly parents, as well as the obligation to provide material assistance to the family, to participate in the upbringing of a young child or to provide assistance (both material and other) to elderly parents if the convict does not take part in the life of loved ones.

scholarly journals Status of women in society in pre-islamic period

Adam alemi ◽  
2020 ◽  
Vol 4 (86) ◽  
pp. 104-113
Author(s):  
K. Bagasharov ◽  
R. Shaikenova ◽  
G. Tabashev ◽  
N. Tutinova
Keyword(s):  
Main Part ◽  
Family Relations ◽  
Arab Countries ◽  
Social Classes ◽  
Marriage And Family ◽  
Islamic Period ◽  
The World ◽  
The Status ◽  
Ancient Civilizations ◽  
Status Of Women

The relevance of this study is related to the status of women in society in the pre-Islamic periiod. The introduction discusses the relevance of the work. This topic has been relevant since past times, and to this day it is just as relevant not only in individual regions, but throughout the world. Before writing the main part, a brief comparative analysis of the rights and position of women in ancient civilizations such as the Greek civilization, the kingdom of mana (Hinduism), Judaism and the Arab countries before the Islamic period was made. The main part was devoted to the consideration of women’s rights in marriage and family relations. In various social classes, the degree of women was low. The main goal is to reveal and not recognize the rights of women in society, marriage and family. In the pre-Islamic period, women had no rights in Arab society. In the period of ignorance of the Arabs, girls were buried alive. Islam also shows that women are also human and have the same rights as men. After analyzing the pre-Islamic period, in the final part, examples were given of immorality and ignorance towards a woman, and with the advent of true religions, all these actions were canceled, and the status of a woman was elevated.

Conflict of laws regulation of the international family relations in the Russian Federation (legislation and jurisprudence)

2021 ◽  
pp. 127
Author(s):  
Irina Get’man-Pavlova
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Family Relations ◽  
Private International Law ◽  
Legal Doctrine ◽  
Marriage And Family ◽  
Conflict Of Laws ◽  
The Family ◽  
The Russian Federation ◽  
The Law

Russian conflict of laws rules that determine the choice of law applicable to marriage and family relations associated with foreign law and order came into force in 1995 and have been in effect for more than 25 years. Despite the fact that this problem has been studied in great detail in the Russian legal doctrine, the relevance of the analysis of conflict of laws rules set forth in the Family Code of the Russian Federation is by no means exhausted due to the large-scale reform of the rules of Private International Law in the Civil Code of the Russian Federation and the current legislative regulation of international family relations in other States. The article concludes that conflict of laws regulation of the international family relations in the Russian Federation adopted more than 25 years ago needs serious modernization. It is reasonable to carry out the corresponding updating in the following directions: maximum specification of the content of conflict of laws rules for the purpose of more differentiated regulation of the family relations; establishment of a complex and detailed system of the connecting factors aimed at correct determination of the law the most closely connected with the relation and decision-making; the expansion of possibility of choice of the applicable law to divorce and property relations; application of the law the most favorable for a child should become a dominating connecting factor.

scholarly journals Transformation of marriage and family values in modern russian society

2021 ◽  
Vol 7 (3) ◽  
pp. 258-271
Author(s):  
Irina Alexsandrovna Zaitseva ◽  
Olga Anatolyevna Lavrishcheva ◽  
Elena Alexandrovna Оcheretko
Keyword(s):  
Family Policy ◽  
Family Relations ◽  
Legal Regulation ◽  
Family Values ◽  
Russian Society ◽  
Legal Analysis ◽  
Marriage And Family ◽  
General Scientific ◽  
Traditional Marriage ◽  
Practical Recommendations

The article’s purpose is a comprehensive theoretical and legal analysis of the conditions for transforming traditional marriage and family values, taking into account the modern realities of Russian family policy. The article also illustrates the main trends in family fundamentals changes, as young people of a constituent entity of the Russian Federation view it. All this will facilitate the wording of an integral concept of the value legal regulation of family relations in Russia. The general scientific and unique cognition methods were used to achieve the stated purpose of the study. A particular method of scientific research was the method of sociological survey (questionnaire survey). The theoretical conclusions and practical recommendations formulated as a result of the study aim to form an effective pro-family policy. Such policy should increase the prestige of Russian society’s spiritual and ideological traditional family values.

scholarly journals Marriage andfamily in the culture of the Russian peasantry of the Western Siberia in the second half of the XIX century

2021 ◽  
Vol 13 (3) ◽  
Author(s):  
I.S. Ivanchenko ◽  
Keyword(s):  
Family Relations ◽  
Marriage And Family ◽  
Role Of The State ◽  
Peasant Society ◽  
Reform Period ◽  
Multigenerational Family ◽  
European Part Of Russia ◽  
Family And Marriage ◽  
Xix Century ◽  
The 19Th Century

The purpose of the research is to trace the evolution of family and marriage relations of the Russian peasantry of the Tobolsk province, which took place in the second half of the 19th century and was influenced by Russian reforms and modernization. The article analyzes the changes that began during this period in the institutions of family and marriage, and also considers new forms of family and marriage relations that began to appear in the peasant society. The preconditions and reasons for the weakening of the institution of the family, divorces in peasant families have been analyzed, the factors of the formation of new forms of marriage and living in fornication have been considered. The role of the state in solving family problems of the peasantry as a whole during the reform period has been investigated. As a result of the research, it has been shown that as a result of the reforms and the subsequent changes in the life of the peasant population of the Tobolsk province, the influx of migrant peasants from the European part of Russia to the region, the construction of the Trans-Siberian railway and other transformations, the form of marriage and family relations among peasants changed, new types of marriage appeared, number of divorces and unmarried women increased. The scientific novelty of the research lies in the formulation of conclusions about the crisis in the post-reform period of the patriarchal model of the multigenerational family among the Russian peasantry of the Tobolsk province (as in the rest of Russia), the spread of small family forms, the growth in the number of divorces, various models of fornication, etc.

Prospects for recodification of private international law in Ukraine: Do conflict-of-laws rules require a new haven?

2021 ◽  
Vol 28 (2) ◽  
pp. 198-210
Author(s):  
Dmytro V. Lukianov ◽  
Thomas Hoffmann ◽  
Inesa A. Shumilo
Keyword(s):  
Public Relations ◽  
International Law ◽  
Private International Law ◽  
Negative Consequences ◽  
New Haven ◽  
Conflict Of Laws ◽  
Cross Border ◽  
European Experience ◽  
The Status ◽  
The Impact

The purpose of the study was to investigate the areas of modernisation of legislation governing private relations of a cross-border nature, proposed by the authors of the draft concept of updating (recodification) of the Civil Code of Ukraine (the CCU), and generalise foreign and international legal experience in developing acts of codification of private international law. The authors of the study considered private international law as a most dynamically developing branch due to the constant expansion of cross-border relations and requirements for constant updating and adaptation to the requirements of international civil turnover. The paper analysed the general factors and prerequisites for the recodification of private international law, comprehensively examined the expediency of abandoning autonomous codification and transferring conflict-of-law rules to the CCU. The study focused on current European experience and assessment of the impact of EU regulations on the national codifications of private international law of member states and third countries. To assess the idea of restoring the status of the CCU as a core act governing all public relations with private law content, the authors of the study addressed the negative consequences of interbranch codification of private international law in a number of post-Soviet countries. The paper proved that European states are dominated by the tendency to adopt consolidated acts of codification in this area and recognise the priority of unified international legal acts governing certain types of cross-border private relations. Based on the analysis, it is justified to conclude that the world has currently accumulated considerable experience in law-making in the area of private international law and the most effective is a comprehensive autonomous codification of conflict-of-laws rules, which is based on the priority of unified international acts and the widespread use of direct references to international agreements. While agreeing in general with the proposed changes regarding the content update of conflict-of-laws regulation, the authors emphasised the need to improve and develop conceptual approaches

scholarly journals Extraterritoriality in Private International Law

2021 ◽  
Vol 16 (5) ◽  
pp. 183-194
Author(s):  
L. V. Terenteva
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Private Law ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
Cross Border ◽  
Foreign State ◽  
Extraterritorial Jurisdiction ◽  
Definition Of

The paper questions the extraterritorial nature of foreign private law applied by the national law enforcement body in the regulation of cross-border private law relations. In view of the use of common terms “exterritorial” and “extraterritorial” in the framework of international public and private law regulation, it seems necessary to study the extraterritorial effect of foreign private law provisions through the prism of the substantive characteristics of extraterritoriality, formulated in the context of public international law. To this end, the author refers to the definition of extraterritorial jurisdiction as an international legal category and raises the question of how appropriate it is to admit, within the framework of a single definition, “extraterritorial” both the presence and absence of the manifestation of the sovereign will of the state on the territory of which any of the types of jurisdiction of a foreign state is exercised. Taking into account that the manifestation of the extraterritorial jurisdiction of one state in relation to another is realized in the absence of the latter’s sanction for its implementation, the author debates the admissibility of designation as extraterritorial foreign private law, the admissibility and limits of application of which are sanctioned by the national state.

scholarly journals Completion the provisions of Vietnamese law on divorce involving foreign elements

2021 ◽  
Vol 5 (3) ◽  
pp. first
Author(s):  
Thao Minh Phuong Ngo
Keyword(s):  
International Law ◽  
Family Relations ◽  
Social Background ◽  
Legal Issues ◽  
The Other ◽  
Private International Law ◽  
Close Attention ◽  
Marriage And Family ◽  
Applicable Law

Globalization is a connection to bring countries closer together, not only in the development of labor and international trade but also in marriage and family relations involving foreign elements. In these legal relations, a divorce involving foreign elements is an important matter which the lawmakers always pay close attention to. Currently, the provisions of Vietnamese Private International Law governing divorce involving foreign elements are relatively sufficient, which can deal with most of the legal issues arising from practice, protecting Vietnamese citizens' interest, especially women. However, the terms of the National Court's jurisdiction over a divorce case involving foreign elements and the determination of the applicable law have been confusing that need to be resolved and clarified. From the experience in Private International Law of the other countries, in particular EU Regulations and Belgian Private International Law on divorce with foreign elements, this article will point out some basic shortcomings, simultaneously proposing corresponding solutions appropriate for Vietnamese law, the economic, political, and social background of our country.

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