Principles of legal regulation of family relations: general theoretical aspect

Author(s):  
Khrystyna Markovych ◽  
Olena Rudak
Author(s):  
Т.Т. ДАУЕВА

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 The source base for the article was previously unpublished archival materials: court cases on divorce, bride prices; the Vladikavkaz diocese correspondence with the district chief; annual reports of the district chiefs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.


Author(s):  
Viktoriia Yakovenko

The article describes the peculiarities of legal regulation of marriage in the UAE. The author notices that the religious provisions of Islam and the historical roots of this country have had a significant impact on the laws of this country, they have also influenced on the marriage registration procedure, which is of particular scientific interest. In particular, it concerns the procedure of marriage between citizens of the state and certain aspects of marriage with foreigners. Particular attention is paid to the religious rite of marriage. It is noted that the marriage and family relations are regulated by the Koran and certain legislative acts. The author separately discloses the practical aspects of marriage registration, including the conditions, which are mandatory for marriage registration. It is stated that marriage can take place only if the requirements are fulfilled: marriage contract, lack of close blood ties, compliance with the requirements of religion, attainment of marriage age, mutual consent of both parties, equality, presence of witnesses during marriage and marriage observance of folk traditions. For a direct marriage registration, couples also need to prepare a package of documents required by law. In addition to ID documents, you must also provide medical certificates from both brides, issued by a government hospital in a format approved by the UAE Ministry of Health. The article also outlines common and distinct features between the marriage process in Europe and the UAE. In common is the consent of both spouses is envisaged, whereby on such terms that do not degrade honor and dignity, that is, they do not run counter to human rights. The couple must also be of a certain age and be fully capable. Close relatives cannot be married. Distinctive features include, in particular, the possibility of entering into polygamous marriages. In addition, the obligation to conclude a marriage contract is not compulsory in the territory of European countries.


2020 ◽  
pp. 26-30
Author(s):  
А.S. Salimov ◽  
S.V. Voronina

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.


Author(s):  
Yevhen Tkachenko ◽  

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.


2018 ◽  
Vol 50 ◽  
pp. 01238
Author(s):  
Khurshed Nasirov

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.


2020 ◽  
Vol 17 (3) ◽  
pp. 113-116
Author(s):  
Victor Sevryugin

Introduction. A.A. Gaidukov prepared a monographic study of the administrative and legal regulation of the police in the field of family relations – the dissertation “Administrative and legal regulation of the police in the prevention and suppression of offenses in the field of family relations”, which he submitted for the degree of candidate of legal sciences in the specialty 12.00.14 – administrative law; administrative process and successfully defended at a meeting of the dissertation council at Dostoevsky Omsk State University November 1, 2018. Results. The dissertation is independent completed scientific and qualification work, which contains a solution to an urgent scientific problem of important theoretical and practical importance for uki administrative law in general, and law-making, law enforcement, in particular.


2021 ◽  
Vol 7 (3) ◽  
pp. 258-271
Author(s):  
Irina Alexsandrovna Zaitseva ◽  
Olga Anatolyevna Lavrishcheva ◽  
Elena Alexandrovna Оcheretko

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.


Author(s):  
Olena Uliutina ◽  
Olena Artemenko ◽  
Yuliia Vyshnevska

The article examines the problem of domestic violence against women in marriage and family relations, and also identifies ways for the legal regulation of this issue. It turns out that at present, violence against women is one of the main social mechanisms through which women are forced to occupy a subordinate position in comparison with men. Violence directed at women reflects the structure of subordination and power, the depth of the differences between the sexes. «Violence against women» according to UN documents means any act of violence committed on the basis of gender, which causes or may cause physical, sexual, psychological harm or suffering to a woman, as well as threats to commit such acts, coercion or arbitrary deprivation of liberty, whether in public or private life. It is concluded that in order to minimize the spread of such a negative phenomenon among the population, it is worth: to ensure the conduct of educational trainings and seminars for specialists of services for women and family affairs, social work, medical and pedagogical workers, volunteers to identify and prevent this type of crime; to strengthen public participation in the development of mechanisms and information on crimes related to domestic violence against women; improve the improvement of the collection of information of actors implementing measures to prevent and counter domestic violence and gender-based violence and establish better communication and cooperation between different bodies; ensure that the public is adequately informed about preventive measures and the ability to respond to crimes of domestic violence against women.


2020 ◽  
Vol 11 (11) ◽  
pp. 107-110
Author(s):  
Kleshchenko N.O.

The article examines the theoretical aspect of unification and its impact on the effectiveness of legislation. It is noted that regardless of the place of creation, the legislative process has always been and remains a difficult task, the solution of which requires a comprehensive approach. Unification is studied from a philological and legal point of view. It is emphasized that unification has been actively studied with the development of international organizations, and is an effective way to regulate legislation and integration into the international legal space, as expressed in the joint cooperation of different countries through the adoption of similar legal acts. It is now widespread in the legal systems of countries such as Denmark, Sweden, Finland, where maritime, trade, contractual, binding legislation, etc. are unified. Unification directly affects the quality of legislation, as well as contributes to the convergence of legal systems. In general, it can be described as a way of converging legal systems by forming a uniform legal regulation within the relevant legal space. The points of view of legal scholars on the definition of the concept of unification of legislation are considered. Unification is characterized as a process of streamlining legislation in order to uniformly regulate social relations in different legal systems. Emphasis is placed on the mandatory implementation of unified norms in the domestic law of the state. Key words: unification of legislation, legal regulation, implementation, system of legislation.


Sign in / Sign up

Export Citation Format

Share Document