PROSTOR ZA AUTONOMIJU VOLjE UČESNIKA U POSTUPKU ZASNIVANjA POTPUNOG USVOJENjA

Author(s):  
Tamara Mladenović ◽  

The author deals with the issue of extending the autonomy of participant’s will of the procedure of complete adoption in the Family Law of the Republic of Serbia in 2005 in comparison with the previous legal solutions. The legislator envisaged the possibility of adopting a child under parental care if his or her parents agreed to the adoption, whereby their consent may have the effect of waiving the parental right or transferring the parental right to other persons. The autonomy of the participant’s will is also expressed in situations when the legitimate or illegitimate partner of the child's parent appears as the adoptive parent. Due to the strengthening of the protection of the child's rights at the world level, as a condition for the establishment of a valid adoption, the legislator in the Family Law of the Republic of Serbia stipulates that the adoption must be approved by the adopted person who has reached the age of 10 years. The author in particular draws attention to the fact that in some European countries there is a possibility that the non-consent of parents who do not live with the child may be replaced by a court decision, invoking the best interests of the child. The legislature of the Republic of Serbia does not allow this, which is why the autonomy of the will is more broadly set in relation to the solutions of comparative law.

2021 ◽  
Author(s):  
NAVI GITA MAULIDA

The Unitary State of the Republic of Indonesia (NKRI) based on the historical trajectory of the struggle, has the only state construction in the world where the nation is born first, then forms the state. The first President of the Republic of Indonesia Ir. Soekarno emphasized that the Unitary State is a National State. The purpose of the Indonesian nation to be born, independent, and to form a state has one goal, the will to elevate the dignity and life of the Indonesian people (Indonesian People's Sovereignty). Through an analysis of the reality of today's life, the Indonesian nation has lived in a condition of life order as if it were the same as a democratic state, namely that the first state was formed and the nation was born later. So that the sovereignty of the Indonesian people based on the principles of deliberation and representation has not been able to be realized.


2012 ◽  
Vol 66 (3-4) ◽  
pp. 299-309 ◽  
Author(s):  
Tamara Ilic ◽  
Sara Savic ◽  
Sanda Dimitrijevic

The family of wild canids belongs to the order Carnivora and comprises 16 genuses that are distributed in most countries all over the world. The most important endoparasitic diseases of wild canids are toxocariasis, uncinariasis, capillariasis, trichinellosis, echinococcosis, cestodiasis, opisthorchiasis, and alariasis. Ectoparasites that most often exist as parasites in wild canids are mites, fleas, ticks and scabies.Wild canids have a large epizootiological-epidemiological significance since they are hosts to parasites that cause certain vector diseases, the most important of which are leishmaniasis, ehrilichiosis, babesiasis, borreliosis, dirofilariasis, bartonellosis, and hepatozoonosis. The increased frequency of interaction between domestic and wild canids steps up the risk of the appearance, spread, and maintaining of the disease in domestic dog populations. Observed from the aspect of the biological and ecological risk, that can be caused by zoonotic infections, the knowledge of the etiology and epizootiology of parasistic infections of wild canids is of particular importance for the region of the Republic of Serbia.


Author(s):  
Soelma Ts.-D. Dashieva ◽  
◽  
Inga D. Alekseeva ◽  

The article examines the concepts “Mother” and “Father” in Buryat, Russian and Chinese phraseology, which constitute the basic and most culturally significant fragment of the linguistic picture of the world, which records the spiritual and moral experience of a person and the nation as a whole. The gender approach to the kinship terminology study significantly enriches and expands the phraseological unit boundaries containing the lexemes mother and father, which are the starting point and core of family-kinship relations. The study of the family institution seems to be especially relevant for the Buryat, Russian and Chinese linguistic cultures increasingly interacting on the territory of the Republic of Buryatia. The results of investigating the corresponding phraseological units enable to indicate the following features common for the three languages: 1) setting authoritarian family model headed by father; 2) key role of concept “Mother” having unbreakable physiological ties with child, giving love, warmth and forgiveness. Unique features include equal representation of father and mother in Buryat, dominating role of mother in Russian, absolute power of father particularly over son and strictness of mother in Chinese. Identification and understanding the universal and unique mentality features of closely contacting ethnic groups will help implement effective and competent intercultural communication.


Author(s):  
B.K Issabek ◽  
◽  
G.B. Kozgambayeva ◽  

The article contains the culture and life of the Kazakh diaspora living in the countries of near and far abroad, that is, in various countries of the political and economic structure. Due to the different policies pursued under the white and red empires, our compatriots. who were forced to leave their homeland today live in different parts of the world. Among them there are those who have moved due to social crises, by the will of fate, and there are also people who have made a choice on the issues of conscious learning, work, etc. The laws of moving representatives of the Kazakh diaspora to their homeland, providing them with social support, and acquiring citizenship of the Republic have been resolved Kazakhstan and others. Today there are Kazakh cultural centers abroad that unite the Kazakh diaspora on various issues. Kazakh cultural centers work in close contact with the World Association of Kazakhs and the Otandastar Foundation. Some of the works carried out in the unity of the Kazakh cultural society and association and the "Otandastar Foundation" in solving urgent problems of the Kazakh diaspora are presented in the article.


Author(s):  
T.A. Boronoeva

The article deals with the artistic heritage of the outstanding Buryat artist Tsyren-Namzhil Ochirov (1920–1987), whose artistic phenomenon is based on the specific combination of the life philosophy, “naive” simplicity of depiction and the poetic love to his motherland called the Tonto Nyutag by the Buryat people. The public interest to his art was raised during the artist’s lifetime. In the early 1970s, several articles dedicated to his art were released in local newspapers. His unique artistic manner was studied by a group of young amateur artists who were members of the Republican Center of Amateur and Folk Arts in Ulan-Ude. Serious research work on his rich artistic heritage conducted by art critics and scholars started after his death. In the late 1980s and the early 1990s Svetlana Tsybiktarova, the art critic and the science assistant of the Khangalov Historical Museum in Ulan-Ude, together with her elder colleague from Leningrad Natalya Iofan, released the article entitled “The artist from Mogsokhon”. The name of Tsyren-Namzhil Ochirov was introduced to the world of art experts for the very first time. The authors revealed the correlation between his art and the traditional Buddhist painting. Tatyana Boronoeva in her monography “Graphic art in Buryatia” made a partial analysis of Tsyren-Namzhil Ochirov’s art in the chapter “Art of self-taught painters and the problem of ethnicity in the Buryat graphics”. Larisa Nikolaeva in the article entitled “The art system of the Buryat amateur painter Tsyren-Namzhil Ochirov (1920–1987)” shared with readers some interesting facts from his life. In her article, she also underlined some similar features of the traditional Buddhist painting in his art. In 2019, the year prior to the 100-th anniversary of the artist, the family of Tsyren-Namzhil Ochirov published an album of his graphic works. The content of the album was compiled by his granddaughter S. Tarnueva. One hundred and fifty drawings were selected from the family archive and were introduced to the wide public. The rich art heritage of Tsyren-Namzhil Ochirov numbering about five hundred works includes thirty manuscripts and wooden items of the decorative and applied art. The author of the current article makes an analysis of the graphic works of Tsyren-Namzhil Ochirov from the funds of the National Museum of the Republic of Buryatia and from the private collection of the artist’s family. Of a great importance for the author of the article is the definition of his art’s origin, which is, on the one hand, derived from the traditional Buddhist painting, and, “the Buryat Zurag” on the other. The latter is the painting created in a specific artistic manner that reflects the world perception of the Buryat people. For the better description of the topic, the author publishes the conversations with the daughter of the artist Roza Tsyrenovna, with the painter Alexander Moskvitin, his close friend and the speech of the Buryat artist Zandan Dugarov at the event Round Table dedicated to Tsyren-Namzhil Ochirov’s art in 2016. The author of the article uses artistic methods and elements of the historic approach as the complex tool in her research work. Статья посвящена творчеству выдающегося художника Цырен-Намжила Очирова (1920–1987), чей феномен заключается в своеобразном синтезе народной философии, «наивной» простоты графического изображения и возвышенной любви к своей малой родине «тоонто нютаг». Факты биографии буддийского самодеятельного художника, близость его творчества буддийскому наследию установлены в исследованиях 1980–1990-х годов, а в 2019 году впервые опубликовано около 150 произведений Очирова из личных архивов семьи. В настоящей статье представлен впервые проведенный анализ графического наследия Ц.-Н. Очирова на основе материалов из фондов Национального музея Республики Бурятия, а также частной коллекции из семьи художника. Определены истоки творчества мастера, связи с традицией буддийской графики, бурятским мировоззрением, стилем «буряад зураг». Автор впервые приводит материалы личных бесед с членами семьи и коллегами художника. В исследовании использован комплекс искусствоведческих методов и элементы историко-описательного метода.


SEEU Review ◽  
2021 ◽  
Vol 16 (1) ◽  
pp. 30-44
Author(s):  
Arta Selmani-Bakiu ◽  
MA Julinda Elezi

Abstract Domestic violence is one of the most serious forms of violation of basic human freedoms and rights regardless of ethnicity, gender, religion, and status. A reflection on many international statistics shows that women are the most frequent victims of domestic violence. Based on the definition of the phenomenon of domestic violence, the forms of abuse, the manner how violence is treated, the possibility of children, men, extramarital spouses, brothers, sisters, and old people living in an extended domestic community, of also being victims is not excluded. Since domestic violence is not only a national problem but a worldwide problem, international organizations have worked towards the eradication of this phenomenon by sanctioning it in various international conventions. Also, the legal systems of many countries prohibit and sanction domestic violence by special laws obliging the state authorities to act in all situations when there are indications that there are direct or indirect violent acts in a family. In this paper, the authors present only the domestic violence against children as an evident problem in families, but which is often unreported. The legal frameworks of the Republic of North Macedonia and Republic of Kosovo are presented in this paper with the aim to describe the material-legal and procedural-legal treatment of domestic violence by pointing out the failure of the state authorities in implementing the laws on protection and prevention of this phenomenon. The authors take the approach of only treating the legal consequences of child abuse by parents that in both legislations is deprivation of parental rights for the violent parent. They conclude that the state authorities should intensify their work in taking control measures towards all the families where there are suspicions that the parental rights are neglected, and the child is abused. Because many cases of abuse have not been detected or reported, and in both countries a special study especially on domestic violence against children does not exist, the possibility that the number for this type of child abuse is great.


Author(s):  
Svitlana Khodak

Purpose. The purpose of the study is ways to protect the interests of family law and the need to formulate scientifically sound recommendations for improving the current legislation of Ukraine in the field of family law interests. Methodology. The technical and legal method was used in the study of ways to protect interests in family law. Scientific novelty is that the article states that the list of ways to protect family interests should go beyond the Family Code, be open, which determines the possibility of their protection in other ways not prohibited by law. The article also proves that in determining the child's place of residence, the main issue is to decide what is best for the interests of the child, and not the presumption in favor of the mother. It is argued that the essence of the principle of the best interests of the child is manifested in the priority consideration of the interests of the child in the parents, legal representatives of the child, authorities, courts and other persons to meet any of its needs (depending on age, health, gender and specifics of child development). The author proves that the principle of the best interests of the child includes the principle of the welfare of the child, and this eliminates the need to distinguish them as separate legal categories. Results. The article analyzes the problems of using methods of protection of family law interests. The author proves that the interest in family law is protected in the same ways as subjective family law. Practical significance. The results of the study can be used in lawmaking to improve legislation in the field of legal regulation of the category of interest; in the educational process - in the development of textbooks, teaching materials on the subject "Family Law of Ukraine".


Hawwa ◽  
2018 ◽  
Vol 16 (1-3) ◽  
pp. 309-332
Author(s):  
Lena-Maria Möller

AbstractThis article considers the inclusion of the best interests of the child standard in the family law regimes of Bahrain, Qatar, and the United Arab Emirates, as well as its implications for our understanding of families in the Persian Gulf region. Specifically, the degree and ends to which the concept of the best interests of the child have been used in formulating the rules governing domestic child law generally, and parental care in particular, will be investigated. As the best interests of the child standard remains a vague and largely undefined legal concept in all three family codes, the analysis will not limit its focus on statutory approaches to reforming child law. More importantly, this article also considers legal practice in child law and the courts’ interpretation of the best interests of the child standard. In doing so, the article: (i.) discusses how the introduction of the best interests of the child standard has served to reform family law on its codification in Bahrain, Qatar, and the UAE; and (ii.) explores what the interpretation of the concept of best interests of the child tells us about changing societal values, family structures, and present-day attitudes towards motherhood and fatherhood in the GCC. I argue that, although the best interests of the child standard has come to influence most aspects of child law in the three countries under review, its usage and meaning remains inconsistent. The concept serves multiple purposes in the area of parental care in particular. What is still missing in all three jurisdictions is a thoroughly grounded and all-encompassing framework to determine the best interests of the child standard and also an understanding of its overall function within family law.


2003 ◽  
Vol 28 (4) ◽  
pp. 31-38 ◽  
Author(s):  
Amanda Shea Hart

Family law in Australia is an important and unique jurisdiction that directly impacts upon the well-being and future family relationships of children whose families are in dispute over post separation parenting arrangements. The United Nations Convention on the Rights of the Child states that children have the right to participate in decisions that directly affect them. But there are many barriers and tensions to children's participation in the jurisdiction of family law in Australia. Decisions said to be in the child's ‘best interests’ are influenced by value judgments and beliefs that are informed by dominant western discourses on the needs and competencies of children. In practice under the Family Law Reform Act 1995 children remain marginalised without an effective voice. Failure to hear the voice of the child is of special concern for children who have been traumatised by exposure to family violence and ongoing conflict. It is important to develop new understandings about children and the importance of giving children a voice.


2017 ◽  
Vol 9 (1) ◽  
pp. 13
Author(s):  
Danu Aris Setiyanto

Interfaith marriage, in fact, is a contentious issue in the family law. The arrangement of interfaith marriage in Indonesia is experiencing a change since before and after the establishment of the constitutional Law of R.I. No. 1 of 1974 regarding Marriage. Although there are changes in the regulations but some parties consider that arrangement of interfaith marriage is not firm, it is unclear / smuggling law in it. Regulation of interfaith marriage in Indonesia is considered to have reduced the freedom to choose a mate and find the happiness with a partner of different religions. This is considered by the applicant that Article 2, paragraph 1 does not comply with the principle of freedom of human rights. This paper focuses on studying the problems of the interfaith marriages after a Constitutional Court decision No. 68 / PUU-XII / 2014 in the perspective of human rights. Constitutional Court rejected entirely about judicial interfaith marriage, as it is considered unreasonable under the law and marriage in Indonesia is based on religion. Constitutional Court's decision contains the values of human rights with a particular meaning and is limited by the limited freedom of religion in Pancasila and the 1945 Constitution.[Perkawinan beda agama secara fakta merupakan persoalan yang menjadi perdebatan dalam hukum keluarga. Pengaturan perkawinan beda agama di Indonesia mengalami perubahan sejak sebelum dan setelah adanya UU R.I. Nomor 1 tahun 1974 tentang Perkawinan. Walaupun ada perubahan secara regulasi tetapi beberapa pihak menganggap bahwa pengaturan perkawinan beda agama tidak tegas, ada ketidakjelasan/penyelundupan hukum di dalamnya. Regulasi perkawinan beda agama di Indonesia dianggap telah mengurangi kebebasan untuk memilih jodoh dan menemukan kebahagiaan bersama pasangannya yang berbeda agama. Hal inilah yang dianggap oleh para pemohon bahwa Pasal 2 ayat 1 tidak sesuai dengan prinsip kebebasan dalam HAM. Tulisan ini difokuskan untuk mengkaji permasalahan perkawinan beda agama pasca putusan Mahkamah Konstitusi Nomor 68/ PUU-XII/2014 dalam perspektif HAM. Mahkamah Konstitusi menolak seluruhnya tentang uji materiil perkawinan beda agama, karena dinilai tidak beralasan menurut hukum dan perkawinan di Indonesia yang berdasarkan agama. Putusan MK mengandung nilai-nilai HAM yang bermakna partikular dengan kebebasan terbatas dan dibatasi oleh agama dalam Pancasila dan UUD 1945]


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