scholarly journals ABOUT THE DEFINING OF PARTICULAR FAMILY LEGAL TERMS

2020 ◽  
Vol 6 (3) ◽  
pp. 32-39
Author(s):  
M. V. Andryiashka
Keyword(s):  
Family Members ◽  
Basic Unit ◽  
Marriage And Family ◽  
Marital Relations ◽  
Procedure Code ◽  
The Family ◽  
Close Relationship ◽  
The Republic ◽  
Close Relatives ◽  
Family Code

The article analyzes the key family legal terms family, close relatives, family members, in-laws, former family member, relatives, legally defined by codified normative legal acts. The importance of defi ning these terms is determined due to the fact that the national marriage and family legislation is faced with the task of strengthening the family as a natural and basic unit of society. In the study, a number of conclusions were made and there was made a conclusion that a number of family legal terms need to be corrected. Arguments are given in favor of stating in the new edition of Article 60 of the Code of the Republic of Belarus on Marriage and Family, devoted to the issues of determining subjects that are in close relationship. It is concluded that it is inappropriate to avoid mentioning de facto marital relations in the Marriage and Family Code, while Civil Procedure Code directly mentions them. Using the techniques of comparative studies, the author independently developed a table that refl ects the content of the terms relatives, close relatives, family members, in-laws, former family members, and some others which aredefined out in codified legal sources of the Republic of Belarus.

scholarly journals Legal Measures of State Care for the Family in the Republic of Belarus in the Forms of Family Protection and Marriage Strengthening

2021 ◽  
pp. 045-053
Author(s):  
M. V. Andryiashka ◽  
Keyword(s):  
Statistical Data ◽  
Additional Term ◽  
Marriage And Family ◽  
National Legislation ◽  
Administrative Procedure ◽  
The Family ◽  
Administrative Procedures ◽  
The Republic

The article analyzes individual measures aimed at protecting and strengthening the institutions of marriage and family in the Republic of Belarus, in particular, the establishment of a differentiated rate of state duty charged for divorce in both judicial and administrative procedures, as well as the provision of basic and additional term for divorcing spouses to take reconciliation measures. The article is based both on the norms of international legal acts and their interpretation by the authorized bodies, as well as on the norms of the national legislation of the Republic of Belarus and current statistical data. The article draws a number of conclusions: on the non-uniform application of security terminology in relation to the institutions of marriage and family; on the irrational approach to setting the rates of state fees charged for divorce in an administrative procedure; on unnecessary administrative barriers in the form of a two-month term for registration of a divorce in administrative procedure.

Certain aspects of allimet accounting and liability for failure to comply with obligations

2020 ◽  
Vol 4 (4) ◽  
pp. 156-160
Author(s):  
Yuliya Us
Keyword(s):  
Child Support ◽  
Legal Practice ◽  
Marriage And Family ◽  
Financial Responsibility ◽  
Positive Side ◽  
Procedure Code ◽  
Minor Children ◽  
The Right ◽  
A Minor ◽  
Family Code

Unfortunately, for ten years now, Ukraine has been the European leader in the number of divorces, as Ukrainians divorce almost twice as often as Europeans. If a couple who have a child divorces, then the person with the maintenance of a minor child also faces the greatest difficulties. There have always been parents in legal practice who were irresponsible in paying child support for their own son or daughter. This person is trying to avoid financial responsibility, so this issue is a huge problem today. Today is characterized by the recognition of women and men as equal persons. According to the Constitution of Ukraine, marriage is based on the free consent of a man and a woman. Each spouse has equal responsibilities and rights in marriage and family. The Constitution of Ukraine states that the right to family, motherhood and fatherhood in our state is protected by the state. In this paper, we will analyze alimony as an object of children's property rights. The article examines the current legislation, the rules of which regulate the procedure for awarding child support and the procedure for enforcement of a court decision on the recovery of child support. The issue of maintenance of minor children is mentioned in the following regulations: Law of Ukraine of 17.05.2017 № 2037-VIII "On Amendments to Certain Legislative Acts of Ukraine to Strengthen the Protection of the Child's Right to Proper Maintenance by Improving the Procedure for Recovery of Alimony"; Family Code of Ukraine of January 10, 2002 № 2947-III; Civil Code of Ukraine of January 16, 2003 № 435-IV; Civil Procedure Code of Ukraine Law of 18.03.2004 № 1618-IV, as well as cases from the unified register of pre-trial decisions, because it is important to analyze the practice of judges of Ukraine on this issue. On the positive side, our state has been actively working to close the gap on alimony payments for the last three years. The article will discuss ways to collect child support and leverage in the event of non-performance or improper performance of child support.

scholarly journals PROPERTY RELATIONS IN KYRGYZ FAMILY: LEGAL ASPECTS

THE BULLETIN ◽  
2020 ◽  
Vol 6 (388) ◽  
pp. 249-256
Author(s):  
Murzabekova Zh.T., ◽  
◽  
Nasbekova S.K., ◽  
Osmonalieva N.Zh., ◽  
◽  
...  
Keyword(s):  
Child Protection ◽  
Common Property ◽  
Family Members ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
Property Relations ◽  
The Family ◽  
Family Code

The article provides legal analysis of features of family property relations in the custom law of the Kyrgyz people and the legislation of the Kyrgyz Republic. Using analysis, synthesis, legal and historical law methods, the Matrimony and Family Code of the Kyrgyz SSR of 1969, the Family Code of the Kyrgyz Republic of 2003, the Code of Laws on Civil Status Acts, Matrimony, Family and Fiduciary Law of the RSFSR of 1918, The Code of Laws on Marriage, Family and Fiduciary of the RSFSR of 1926, The Ordinance of the President of the Kyrgyz Republic dated January 26, 2012 No. 17 “On declaring 2012 the Year of Family, Peace, Concordance and Mutual Forgiveness” and Family Support and Child Protection Program for 2018 - 2028 of Government of the Kyrgyz Republic were studied. The article analyzes relevant theoretical and practical issues related to common property of spouses, separate property of spouses, relations between parents and children for joint ownership and use of each other's property, alimony responsibility of family members and property relations of factual spouses. According to the author, legal norms regulating property relations in family are important when courts consider cases in sphere of protection of property rights of family members. In particular, the authors came to the conclusion in the Kyrgyz Republic the legal regulation of property relations in family is basis for resolving contentious issues in the family law.

PENALTIES FOR MINORS: COMPARATIVE LEGAL RESEARCH

2018 ◽  
Author(s):  
Oleksandra Skok ◽  
Keyword(s):  
Community Service ◽  
Criminal Code ◽  
Criminal Offense ◽  
Distinctive Features ◽  
Criminal Offenses ◽  
The Family ◽  
The Republic ◽  
The Right ◽  
Quantitative Indicators ◽  
Family Code

The article defines the age characteristics of minors in accordance with the Family Code of Ukraine, the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Tajikistan and the Criminal Code of the Republic of Azerbaijan. The quantitative indicators of minors who, in 2020-2021, were notified of suspicion of committing criminal offenses, minor crimes, grave crimes and especially grave crimes, are given. The types of punishments provided by the criminal codes of Ukraine, Kazakhstan, Tajikistan and Azerbaijan, which can be imposed by the court on persons who have committed a criminal offense, at the age of fourteen to eighteen, have been determined. Taking into account the provisions of the Criminal Code of Ukraine, an analysis of punishments in the form of a fine, community service, correctional labor, arrest and imprisonment was carried out. The article analyzes the provisions of the Criminal Code of the Republic of Kazakhstan on punishments in the form of deprivation of the right to engage in certain activities, a fine, involvement in community service, correctional labor, restriction of freedom and imprisonment. The analysis of the content of the Criminal Code of the Republic of Tajikistan in terms of the features of punishments in the form of deprivation of the right to engage in certain activities, a fine, compulsory labor, correctional labor and imprisonment has been carried out. The analysis of punishments provided by the Criminal Code of the Republic of Azerbaijan in the form of a fine, community service, correctional labor, restriction of freedom and imprisonment has been carried out. The general and distinctive features characteristic of the list of punishments that can be assigned to minors have been established. The practice of the courts of Ukraine has been studied in relation to penalties in the form of a fine, correctional labor, community service and imprisonment. The works of domestic scientists are analyzed, on the basis of which, a circle of persons who have conducted research on individual issues on the responsibility of minors is determined.

scholarly journals Epidemiological evolution of chronic hepatitis, liver cirrhosis and liver cancer in the Republic of Moldova

2021 ◽  
Vol 2 (2) ◽  
pp. 83-92
Author(s):  
Angela PARASCHIV
Keyword(s):  
Liver Cirrhosis ◽  
Chronic Hepatitis ◽  
Liver Cancer ◽  
Primary Liver Cancer ◽  
Unprotected Sex ◽  
Republic Of Moldova ◽  
Clinical Hospital ◽  
Close Relationship ◽  
The Republic ◽  
Close Relatives

Introduction. The burden of liver diseases is a major health issue, being underestimated both at the national and international level. In the Republic of Moldova, there are over 70 thousand patients with chronic hepatitis and over 10 thousand people suffering from liver cirrhosis. 70% of patients with cirrhosis develop liver cancer. Over 2,000 patients die annually from complications caused by liver cirrhosis, and over 400 patients die due to primary liver cancer. Material and methods. The statistical analysis of 2000-2019 reports, presented by the Agency for Public Health, as well as of 3666 patient medical records retrieved from „Timofei Mosneaga” Republican Hospital, „Toma Ciorba” Clinical Hospital and “Sfinta Treime” Clinical Hospital was carried out. Results. 89290 cases of chronic hepatitis, liver cirrhosis and liver cancer have been officially registered. Most of them exhibited a viral etiology. The death rate was mostly recorded in patients aged 70-79. The mean age of patients with chronic hepatitis was 57.74±11.22, liver cirrhosis - 56.21±10.17, and liver cancer- 59.05±10.94. The risk factors included unprotected sex, use of sharp objects, scissors and syringes, noncompliance with dietary regimens, alcohol and tobacco use, etc. Close relatives were also investigated for the presence of viral markers in only 38.81% of cases of chronic hepatitis and in 24.37% patients with liver cirrhosis Conclusions. The study of common epidemiological evolution of chronic hepatitis, liver cirrhosis and primary liver cancer in the population, while considering the patient’s close relationship, might reduce both morbidity and medical and socio-economic impact.

scholarly journals Family in the Works of Representatives of the Kazan School of Spiritual and Academic Theism of the Second Half of the 19th – Early 20th Centuries: Understanding of Biblical Traditions

2019 ◽  
pp. 91-95
Author(s):  
Oxana N. Kozhevnikova ◽  
Keyword(s):  
Traditional Values ◽  
State Archive ◽  
Religious Philosophy ◽  
Moral Value ◽  
Marriage And Family ◽  
The Family ◽  
Modern Knowledge ◽  
Family And Marriage ◽  
The Republic ◽  
The Russian Empire

The article analyzes the philosophical concepts presented in the works of the representatives of the Kazan school of spiritual and academic theism, dealing with the problems of marriage and family: in particular, their understanding of biblical traditions in the conditions of socio-cultural and socio-economic realities. The basis of the material presented in the article was unpublished earlier works of Kazan researchers stored in the State archive of the Republic of Tatarstan. The author comes to the conclusion that in the Russian Empire, the representatives of spiritual and academic theism faced the task based on modern knowledge of sociology, pedagogy and psychology to give a philosophical answer to new challenges, to adapt traditional values according to the realities of life. The acquaintance of Kazan researchers with modern them ideas of Russian religious philosophy of the second half of the 19th – first half of the 20th centuries in which the family was associated with the highest moral value, the realization of love, with the commitment to excellence and integrity, fullness of being (N. Berdyaev, S. Bulgakov, B. Vysheslavtsev, V. Zenkovsky, I. Ilyin, N. Lossky, V. Solovyev, S. Troitsky, N. Fedorov, P. Florensky, G. Shimansky) had great importance for understanding the philosophical essence of family and marriage. In modern conditions of return to the bourgeois-capitalist relations, philosophical searches of Orthodox thinkers are interesting for understanding the problems and tendencies of development of family and marriage, thus representing a subject of not only historical or historical and theological research, but also historical and philosophical one.

scholarly journals 再議台灣長期照護政策的性別正義問題與出路

2009 ◽  
Vol 7 (2) ◽  
pp. 87-113
Author(s):  
Shu Chen LEE
Keyword(s):  
Long Term Care ◽  
Family Members ◽  
Basic Unit ◽  
Gender Justice ◽  
Special Role ◽  
Care Policy ◽  
Term Care ◽  
The Family ◽  
The Government

LANGUAGE NOTE | Document text in Chinese; abstract also in English.面對快速高齡化的社會實況，台灣政府於2007年提出“長期照顧十年計劃”作為長期照護政策的依據。但是，該計劃卻未能具體而微地列明關乎性別正義的政策內容，例如：對於照護勞務的提供與分配尚未建立一套合於“性別主流化”要求的體制與實踐。就台灣長期照護政策與其實踐未能彰顯性別正義的現況，本文首先提出台灣社會從政府到家庭以至個體的性別觀點，尚未具備性別正義之充分實踐的因素。本文再進而探討道德與政治之間，為何必須以及應該如何考量性別正義，是合理且可證成的。女性主義者常批判長期照護是對女性的一種不公義的制度。女性主義者中的關懷倫理學家則嘗試以關懷的角度去說明女性之互相倚待性，並以關懷去疏解此中的性別歧視。但關懷倫理學是不能證立家庭在長期照護中的特殊角色和義務。對照於“性別主流化”的時代要求，本文認為孔孟的仁義思想實能就道德規範根源回應政治原則的合理性問題。儒家以家庭為倫理實踐的起點，家庭成員對長期照護有一自然的承擔義務而不必是性別歧視的。為確立本文觀點，進一步論述儒家“各盡其性分”的原則在道德與政治的面向之間，如何能於政策規範之內涵與實踐上回應政府、家庭以及個體合於性別正義的要求，並且有所殊勝於主張關懷倫理的女性主義之論說。Facing the ever increasing pace of ageing in society, the Taiwanese government proposed a “Ten-year Plan for Long-term Care” in 2007 as the basis of its long-term care policy. However, the plan clearly does not pay attention to the issue of gender justice in Taiwanese society. For example, the supply and distribution of care-giving labor as determined in the plan does not establish a system and practice that would conform to mainstream Taiwanese thought on gender issues. Feminists are keen to criticize that the long-term care of the elderly has been a burden and an indication of gender injustice in treating women. Care ethicists try to indicate the interdependence of family members and propose a fair share of the care burden between the sexes. However, they fail to offer an adequate justification for the share of the burden among family members or a proper account of the special role of the family in long-term care.In this essay I first explore the main factors that explain why the long-term care policy and practice are unable to achieve gender justice from the perspectives of the government, the family and the individual. I then argue that it is morally and politically reasonable to develop policy concerning gender justice. From the Confucian viewpoint, the family is the core of human life and the starting point of individual moral practice and family flourishing. The family is the basic unit that could offer a suitable ground for a proper public policy to enhance the quality of long-term care without gender discrimination. I argue that Confucius and Mencius’ ideas of Jen (benevolence) and Yi (righteousness) provide the moral foundation for a proper response to the demand for gender justice in government policy. To illustrate this point, I elaborate how the Confucian principle of the “utmost fulfillment of each being’s mandate” could be applied to the policy and action of the government, the family and individuals to accomplish gender justice. I conclude that this Confucian principle is better than the feminist care ethic in directing the formulation of a proper long-term care policy.DOWNLOAD HISTORY | This article has been downloaded 250 times in Digital Commons before migrating into this platform.

scholarly journals The Menace of Drug Addiction in the Family: Challenges, Coping Strategies and Recommendations

2021 ◽  
Vol 6 (6) ◽  
pp. 23-26
Author(s):  
Paramjit Singh Jamir Singh ◽  
Azlinda Azman ◽  
Syazwani Drani
Keyword(s):  
Coping Strategies ◽  
Drug Addiction ◽  
Support Groups ◽  
Drug Users ◽  
Family Members ◽  
Primary Data ◽  
Drug Abusers ◽  
Governmental Agencies ◽  
The Family ◽  
Close Relatives

Malaysia is witnessing a significant impact of drug use among its population which has seen an upward trend in the last decade. Family members of drug users and drug abusers have borne the heaviest brunt and therefore, this  research  examines how the family member cope with the latter’s’ addiction. Eighteen (18) family members of drug users in Penang, Malaysia were interviewed in this qualitative research. Primary data gleaned from these in-depth interviews were analysed, and findings showed that  family members adopted many different coping mechanism and strategies, namely emotional, avoidance, controlling, inactive, assertive and supportive in dealing with challenges of intra family drug addiction. External and internal resources as well as support systems were also accessed. Specifically, close relatives  and counsellors from National Anti-drugs Agency were approached for emotional support and practical guidance. This research found affected family members who formed self-help and support groups as part of their coping strategies were able  to discover meaningful and useful ways to deal with the destructive effects of drug abuse. Government and non-governmental agencies also assisted affected family members in offering practical help. However, it is important both government and non-governmental agencies play a more proactive role. The  National Anti-drugs Agency in particular, it is recommended provide tailor made programmes and  coping skills in addressing these traumatic situations and enable families deal with this destructive habit of addiction.

scholarly journals Child Protection When Travelling Abroad

2019 ◽  
Vol 25 (2) ◽  
pp. 153-157
Author(s):  
Rumenov Angelov Milen
Keyword(s):  
Child Protection ◽  
General Meeting ◽  
Case Law ◽  
Best Interests ◽  
The Supreme Court ◽  
The Family ◽  
The Subject ◽  
The Republic ◽  
Travel Abroad ◽  
Family Code

Abstract The article examines child protection when travelling abroad with only one parent or someone who is not a parent or a guardian set by national and EU legislation. It analyzes cases when one of the parents does not allow their child to travel abroad with the other one. Methods of protecting the children’s best interests, as well as introducing the substitute consent have been presented. The development of the European Union’s legislation and case-law on the subject are scrutinized. The study also covers the national legislation of the Republic of Bulgaria in the field of protecting the child’s interests. The preconditions that have led to the legislative initiative on the adoption of Art. 127a of the Family Code referring to the court’s consent to a child travelling abroad with only one of the parents are analyzed. Next, there are prerequisites leading to the adoption of the Interpretative Decision No 1 of 03.07.2017 at a General Meeting of the Civil Division of the Supreme Court of Cassation of the Republic of Bulgaria, which develops the framework in the field of granting a court permit for child’s travelling. What is examined are the exact interests of the child that should be protected when the court gives the consent substituting the parental one. The case-law of the subject is followed in order to maximize its improvement in the protection of the rights and interests of the children living with one of their parents.

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