Field Of Family Relations Research Articles

Legal problems of adoptive families in China

In the People's Republic of China, as in many other countries of the world, modern government policy in the field of family relations is focused on mobilizing the entire society to support families in raising children and supporting children left without parental care, including through placing children in foster care families. However, the legislation in the area of placement of children left without parental care is not perfect and requires a subjective assessment in terms of its compliance with the interests of children’s rights. This form of placement for children without parental care, like a foster family, has made in Chinese legislation relatively recently and is important for protecting the rights and interests of children without parental care. At the same time, the existing legislative rules ensuring the placement of children left without parental care in foster families are not perfect. Thus, the legal problems of placing children without parental care in foster families, related both to the restrictive framework that is imposed on the children themselves who are subject to placement in foster families, and the restrictive framework that is established for the foster families themselves (the age limit of parents, the number of children who can be raised in one foster family) deserve special attention. The article focuses on the legal problems of placing children without parental care in foster families. An analysis of existing problems has shown that there is an urgent need to modernize legislative norms related to placement in foster families in order to ensure the best and comprehensive interests of children, rather than maintaining the approach according to which the family becomes part of the bureaucratic and traditional framework, making it the last link in the implementation of state politicians.

FEATURES OF NOTARIZATION OF TRANSACTIONS INVOLVING SPOUSES: STATUS AND PROSPECTS

Purpose of the study. The article examines the problems of theory and practice that arise in the field of notaries in connection with the certification of transactions of spouses in relation to their common property. The regulatory discrepancy in the use of the terms “agreement”, “contract”, “transaction” in the field of family relations in comparison with civil relations is determined, the limits of multi-branch regulation of transactions are identified, and general problems associated with the registration of certain types of property of spouses are identified. It has been proven that the participation of a notary in such transactions is of particular importance, consisting in his performance of the function of public control over transactions involving spouses, ensuring the protection of their property rights on the basis of their mutual agreements.

NOTARIAL FORM OF TRANSACTIONS INVOLVING SPOUSES AS A WAY TO PROTECT RIGHTS

The participation of a notary in transactions carried out in the field of family relations is due to the fulfillment of the public control function assigned to him by the state, which allows for timely protection of the property rights of spouses on the basis of their mutual agreements. The article outlines the problems that arise in connection with the certification of transactions involving spouses in relation to their common property, the registration of certain types of it, due to the need to apply multi-branch rules, the content of which determines the specifics of their object and the need to take into account the use of different terms to denote transactions in the field of family relations (“agreement”, “contract”, “deal”).

La diversidad terminológica dentro del mismo ordenamiento jurídico como problema de traducción: el subdominio jurídico de las parejas de hecho en España

Abstract In multi-legislative states, there is no uniformity, but rather a possible diversity of legal responses to the same subject matter. This diversity can occur in all sectors of law if the political and legal autonomy of the communities that make up the State is very broad or only in one or some of the sectors, with uniform legislation in the remaining sectors. This situation is in fact applicable to Spain and has given rise to an important terminological diversity in the treatment of various sectors where both the Spanish State and the Autonomous Communities have legislative powers. We have studied this question in the framework of civil partnerships a frequent phenomenon in modern Western societies due to the marked social changes that have taken place in the field of family relations in the preceding decades. Using a corpus of regulations on this subject enacted by regional legislators, we have been able to observe a considerable terminological variation, both formal and conceptual, which is due to different linguistic and extra-linguistic factors. We also analysed the repercussions and problems that this variation can have on the translation of legal documentation in this field.

CORRELATION BETWEEN INDICATORS OF BALANCE OF NERVOUS PROCESSES WITH LOCALIZATION OF CONTROL IN HIGH SKILLED WOMEN HANDBALL PLAYERS

Introduction. The problem of finding the psychological resource of the athlete remains relevant. Success in sports largely depends on the athlete’s individual psychological characteristics. Many authors, based on research, conclude that the internal locus of control has a positive effect on performance in team and non-team sports. It seems to be an interesting scientific problem to study the gender aspect of this problem.
 The purpose of the study: to establish a relation between the locus of control and the characteristics of the response to the moving object of elite women handball players.
 Materials and Methods: Athletes of the Ukrainian National women handball team (21 players aged 17 to 28, experience in this sport from 5 to 19 years) took part in the research. To study the locus of athletes' control over significant events, the method for the research of the level of subjective control (LSC) by J. Rotter was used. Software and hardware complex “BOS-test-Professional” for psychological and psychophysiological diagnostics was used to determine the characteristics of the athlete’s response to the moving object.
 Results: A study of internality found that the majority of skilled handball players (61.9%) have a general internal type of locus of control. The vast majority of athletes tend to take responsibility in the field of productive (sports) relations (81%), areas of achievement (71.4%) and failures (52.4%). However, in areas such as family relationships, health and illness, most athletes share responsibility with the social environment and feel unable to control external circumstances. A correlation has been identified between the internality of locus of control and the ratio of nervous processes (inhibition and excitation) in elite women handball players. Higher stability of athletes' responses to a moving object is associated with a more pronounced internal locus of control, but only in the field of family relations. The obtained data indicate a more optimal functional state of the athlete’s central nervous system with internal locus of control.
 Conclusions: Family relationships and health & illness are the most sensitive areas for female athletes. This fact provides a basis for gender mainstreaming in psychological support activities.

IVF Children Acquiring Emirati Citizenship by the Nationality of a Parent (Jus Sanguinis)

Objective. The technology of in vitro fertilization (IVF) opened a new era in the treatment of infertility but at the same time it created new challenges for civil and international private law. This concerns the issues of determining and/or acquiring child citizenship and legal conflicts associated with this.
 Materials and methods. This study examines the aspects of obtaining UAE citizenship through the study of the UAE Citizenship Law and the principle of jus sanguinis (right of blood) when citizenship is acquired by a parent’s nationality. The research aims to identify whether the current legislative regulation of the UAE meets the current challenges in the field of family relations against the backdrop of new medical advances in IVF. The paper considers the aspects of the UAE legal regulation in the scope of family law relationships. The above issues were considered from the critical evaluation prospects taking into account the potential ways for their improvement.
 Results and Discussion. The problems associated with determining the citizenship for those born as a result of IVF are the subject of discussion, while, as practice shows, the law often does not keep pace with the development of reproductive technologies. Based on the analysis of legal regulation and practice, the study summarizes the grounds for obtaining UAE citizenship by children conceived through IVF and refusals to obtain it.
 Conclusion. The paper recommends mitigating the requirement of proof of paternity as a condition to grant the nationality to an IVF child, especially in the case of purely medical errors in which father has no responsibility.
 Bangladesh Journal of Medical Science Vol. 22 No. 03 July’23 Page : 676-686

Methodological Principles of the Study of Marriage and Family Relations in Islam

The article is devoted to the problem of studying the issues of marriage and family relations in the Muslim theological discourse. Theologians have paid special attention to the institution of the family since the early epoch of the Fiqh, and their works bear witness to this. They contain concise principles with the help of which they justified theological conclusions aimed at solving marital and family problems. A deep analysis of these works helped to identify these principles, the study of which will help modern theologians to understand the goals of Sharia in the field of family relations and will effectively resolve the problems of marriage and family relations.

PROBLEMS OF FAMILY LAW AT THE PRESENT STAGE: THEIR INFLUENCE ON THE PRACTICE OF APPLYING NORMS AIMED AT PROTECTING THE FAMILY AND CHILDHOOD

Purpose of the study. The article deals with the problems caused by the lack of certainty in the content of the rules of the family type, arising from the insufficient development of the basic categories of family law. Their absence or underdevelopment leads to defects not only in family norms, but also forms an incorrect practice of their application, which does not allow for effective protection of participants in family relations, including children. The author comes to the conclusion that the imperfection of the norms can be eliminated through theoretical research and legislative decisions aimed at enriching the categorical apparatus of family law, as well as through the active use of fictions and presumptions in the field of family relations, which will eliminate the emerging gaps in their regulation and ensure uniform the use of the same terms in meaning, but different in meaning.

PROBLEMS OF SOCIAL SECURITY AND PROTECTION OF FAMILIES WITH CHILDREN OF MOBILIZED CITIZENS

The purpose of the study. The article discusses measures of social assistance and support for mobilized citizens and their families, systematizes the types of benefits that are provided by legislation in relation to this category of citizens, identifies problems of their application in practice, caused, among other things, by the lack of the necessary conceptual apparatus in the field of family relations. The author defines a fundamentally new meaning of the criteria traditionally used for the appointment of social payments, their features are revealed when using the method of situational regulation of social relations in connection with the need to ensure the protection of the rights of mobilized citizens in the shortest possible time. The article offers an analysis of the measures provided for by the legislation to support the families of the mobilized, their advantages and individual imperfections are revealed, their complex and intersectoral nature is proved, a conclusion is formulated about the practical convergence of public and private interests in ensuring the protection of the rights and interests of mobilized citizens and their families.

Realization of social rights of Ukrainian citizens under martial law

A scientific analysis of the mechanism of realization of social rights of Ukrainian citizens in the conditions of martial law was carried out: for social protection, for housing, for a sufficient standard of living. The place of social rights in the system of human rights, their legal regulation and mechanisms for ensuring them are determined. It was concluded that there are such types of social protection of the family, childhood, maternity and paternity as social assistance, social services and social benefits. In addition, the general principles and legal regulation of family and child protection in Ukraine are defined, the main directions of transformations aimed at ensuring rights in the social sphere are described. In particular, the state guarantees of compliance with the rights, freedoms and legitimate interests of internally displaced persons displaced by war were analyzed. Finally, it was noted the presence of consolidated approaches to judicial practice in the field of family relations, in particular, in terms of the primacy of the principle of the best interests of the child.

СОСТОЯНИЕ И ПЕРСПЕКТИВЫ РАЗВИТИЯ НОРМАТИВНОЙ БАЗЫ ДОГОВОРНОГО РЕГУЛИРОВАНИЯ СЕМЕЙНЫХ ОТНОШЕНИЙ (СРАВНИТЕЛЬНЫЙ АНАЛИЗ)

The article provides a comparative analysis of the regulatory legal framework of the current national legislation with the international legal regulation of contractual regulation of family relations. The current problems related to the application of contracts in the field of family relations are considered. The conclusion is made that the system of legislation of individual countries has both general approaches to the regulatory regulation of the studied legal relations, and distinctive features of the application of family contracts. The general provisions on the family contract, in the creation of regulatory structures of its individual types and the mechanism of dispositive regulation in this area have been formed. The most promising directions of development of the national legislation of the Russian Federation in the field of regulation of contractual family relations are proposed.

Agreements and contracts in the field of family relations: correlation and features of legal regulation

In the article, the author presents the differences between categories “agreement” and “contract”, analyzes their features of application in the field of family relations, criteria are defined for their differences in Civil and Family Law. The author proves the backbone relationship between the grounds for the emergence of agreements, contracts and their content in the field of family relations, determines their essence, concludes that there is a certain “mixture” of these categories in the norms of the Family Code of the Russian Federation. The article substantiates that it is unacceptable to consider “agreement” and “contracts” as identical categories, since this leads not only to their incorrect application in practice in the regulation of family relations, but also does not allow them to be differentiated from contracts used in the field of civil relations. Such a theoretical “gap” leads to the impossibility of a clear distinction between transactions under Family and Civil Law.

ACTIVITIES OF THE NOTARY AS A FORM OF PROTECTION OF THE FAMILY RIGHTS OF CITIZENS

The article discusses the features of certification by notaries of certain types of transactions concluded in the field of family relations. The author presents the specific features of such transactions, which determine the specifics of the procedure for their certification by notaries. The article concludes that there is a need for legislative changes aimed at improving the norms of the legislation of the Russian Federation, which will ensure effective protection of the rights and interests of participants in transactions subject to notarization.

Прикладні проблеми збереження психологічного здоровʼя особистості

The article describes the applied problems of preserving the psychological health of an individual. The structure of emotional well-being is revealed as one of the important criteria of psychological health. The parameters that determine the emotional well-being of a healthy individual and are risk factors for his psychological health are highlighted: internality in the field of family relations, which means responsibility for events in family life; contact, which means the ability to establish deep relationships with others; subjective well-being, which means a reluctance to complain of discomfort; creativity, which means high creative orientation in professional activity; self-acceptance, which means the ability to accept oneself with flaws and weaknesses; behavioral flexibility as the ability to quickly respond to a changing situation; the morality index as the state of the moral sphere; personality maturity as responsibility and self-respect. It is emphasized that these factors can contribute to a decrease in the level of psychological health, which is manifested in the form of the inability to establish deep relationships with others, the tendency to complain of discomfort, a decrease in the ability to quickly respond to a changing situation, indifference to significant events in professional life and many other social psychological phenomena. Key words: personality, psychological health, emotional well-being, rehabilitation, extreme stress factors.

MEDIATION AS A WAY TO RESOLVE FAMILY DISPUTES AND DISAGREEMENTS

Purpose of the study. In this article, the author examines the social and legal purpose of the institution of mediation in the field of family relations, its impact on the settlement of conflicts, disputes, disagreements in the family that arise between family members, identifies the features of mediation agreements, identifies their advantages as a way to protect the rights of participants in a dispute and a variety of pre-trial the procedure for resolving disagreements between the parties, the trends in the development of the institution of mediation in our country are determined. The author comes to the conclusion about the preventive value of mediation agreements, the wide distribution of which in practice will eliminate the need for the parties to apply to the court for the protection of their rights, except in cases where it is not possible to protect the right of a family member in any other way.

Correlations between Locus of Control and Professional Motivation of Employees of the Ministry of Internal Affairs

The study was carried out at the Expert Forensic Center of the Ministry of Internal Affairs of Irkutsk in order to reveal correlations between locus of control and the employees’ professional motivation. The study involved 40 men aged between 23 and 50. The research revealed a high level of externality the respondents showed. There are high indicators on the internality scale in relation to health and illness. The employees recognize their responsibility in family relations however the figures are medium. The lowest rate of responsibility was revealed in the field of interpersonal and production relations. The highest rate of correlations was revealed between preferred choice of a motive for responsible work and high internality in the field of failures which amounted to 0,81. There is also a high correlation between the motive for achieving personal success and low internality in the field of family relations 0,77. There is a strong correlation of 0,71 between the financial motive, high internality in the field of achievements and general internality. There is a strong relationship between the financial motive and general internality, as well as between the financial motive and low internality in the area of failures r = 0,65 and r = 0,5. A high correlation r = 0,5 can be traced between the motive of a career and the length of service. An inverse correlation was revealed between the dominant motive of responsible work, the scales of general internality and internality in the field of achievements r = –0,43 and –0,48.

Family Policy in the Context of the Transition to Sustainable Development: A Comparative Analysis of Russia and Kazakhstan

Despite the crisis of values that is characteristic of many countries in the world, family remains the focus of the state policy for most of them. It is recognized as the basic social unit of society, whose level of development inevitably affects the progress of the entire society. In this sense, families are active agents for achieving sustainable development goals. Thus, the progress of families will inevitably affect the progress of their communities and societies. This research paper considers a wide range of issues relating to family policy in Central Asian countries, with particular emphasis on the national policy in the field of family relations in Kazakhstan and Russia. The authors consider the concept of family policy and its impact on the family institution, study the role and importance of such a policy in the modern context, as well as analyze the conditions for the formation of the family policy during the USSR period and after the independence of the Russian Federation and the Republic of Kazakhstan.

Invitation to Read. Review

The course "Family Law. Marriage. Marriage regimes. Filiatia," discusses complex issues in the field of family relations, representing the expression of the constant concern of the prestigious author for knowledge and analysis from a scientific perspective of the literature and case law both from the perspective of Romanian and foreign law.

Perfectionism and Family Interactions As Determinants of Somatization in Adolescents

The overall goal of this study was to examine vulnerability factors for the occurrence and development of somatization in adolescents. A review of the literature in the field of family relations and perfectionism indicates that these are dimensions that are related to somatization in children and adolescents, but also in adults. The research was conducted on students from two primary and two secondary schools in Mostar (N = 600). The average age of the participants is M = 14.5 (SD = 1.77). The following measuring instruments were applied: Sociodemographic Features Questionnaire; Perfectionism Scale for Children and Adolescents (Flett, Hewitt, Boucher, Davidson, & Munro 2000); Adaptive/maladaptive perfectionism scale (Rice and Preusser 2002); Scale of quality of family interactions (KOBI; Vulić-Prtorić 2004) and Scale of somatic symptoms of anxiety (SOMA; Vulić-Prtorić 1999). The results of multiple regression analyses indicate the importance of the contribution of the dimensions of perfectionism and family relations in explaining somatization in adolescents. The structure of the predictors is different, depending on the gender of the participants.

Protection of the rights and interests of the child in the event of his removal (removal) from the family

In the article examines the latest trends in the development of legislation on the removal of a child from parents, presents an analysis of the current norm, identifies the advantages and disadvantages of the current procedure for the removal (removal) of a child from the family. The author presents conclusions about the essence of this measure of protecting a child and the responsibility of his parents, systematizes the legal consequences of such a measure and the differences from other sanctions applied in the field of family relations, analyzes the grounds for applying such a measure in relation to the child's parents