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ABSTRACT
This article provides information on the scientific justification of the protection of the family by the norms of the
Constitution of the Republic of Uzbekistan and the scientific and theoretical basis of the right of the family to be under
the protection of the state and society.
KEYWORDS
Constitution, state, family, law, education, principles, declaration, organizations, marriage, society, cell, gender,
relationship, protection, system, person, obligation, substance.
INTRODUCTION
Family, as a legal concept, is not just a group of people
strengthened by mutual ties of marriage or kinship, but
a group of persons with rights and obligations
established by law. Therefore, the relations between
family members are defined by the norms of family
law, and they are called family-legal relations.
The main legal documents regulating family relations
are: the Constitution of the Republic of Uzbekistan, the
Civil Code, the Family Code and other normative
documents regulating relations. The new Family Code
of the Republic of Uzbekistan was adopted on April 30,
1998.
Research Article
CONCEPT OF FAMILY LAW, PRINCIPLES AND ITS SYSTEM. SOURCES OF
FAMILY LAW AND COMPOSITION OF FAMILY-LEGAL RELATIONS
Submission Date:
July 20, 2023,
Accepted Date:
July 25, 2023,
Published Date:
July 30, 2023
Crossref doi:
https://doi.org/10.37547/ajsshr/Volume03Issue07-06
Artykov Niyat
Student Of National University Of Uzbekistan Named After Mirzo Ulugbek, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ajsshr
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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In the field of family law, international treaties and
international law are also considered as a source of
family law. The rights, freedoms, benefits and, of
course, obligations of citizens provided for by the
family legislation of the Republic of Uzbekistan include:
Rights and obligations of husband and wife (personal
and property);
Rights and obligations of parents (personal and
property);
Equal rights to marry;
Rights and obligations of minors (personal and
property);
Alimony obligations of parents and children, spouses
and ex-spouses, relatives and other persons;
Grounds for dissolution of marriage;
The rights of husband and wife to own, use, and
dispose of common property;
Rights and obligations of spouses when concluding a
marriage contract;
Procedure for adoption;
Rights and obligations of parents to protect the rights
and interests of the child;
Rights and obligations of parents regarding upbringing
and education;
Grounds and procedure for deprivation of parental
rights;
The right to apply for guardianship and sponsorship;
The rights, interests and obligations of the family listed
above are not limited to these.
The institution of deprivation of parental rights
occupies a special place in family legal relations.
Thus, family legal relations mean social relations
between citizens and regulated by family legal norms.
As in any other relationship, family law relationships
have three elements:
-subject;
- subjective rights and obligations;
The subjects of family legal relations are husband and
wife, parents, children, guardians and sponsors, other
relatives and legal entities participating in the
resolution of one or another relationship in the field of
family law, civil society, institutions, learned, social are
unions.
Actions and decisions taken by the subjects of family
law regarding moral and material values that belong to
family members or former family members and are
protected by law can be the objects of family legal
relations;
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Legal entities are the set of rights and obligations that
the subjects of family legal relations have in the
process of solving problems related to each other.
It is known that marriage relations have existed since
the primitive community system. In the early period,
people unknowingly felt the feelings of husband and
wife, children, and performed their duties among
themselves. First of all, this relationship is called
"group marriage", then "pair marriage". As human
consciousness developed in the society, changes
occurred in marriage relations. The era of seed
production in society began to pass from the era of
motherhood to the era of patriarchy and fatherhood.
By this time, men had the feeling of owning their wives,
the children born from them, and their earned income.
Thus, changes in the relationship of marriage caused a
great change in the family.
Both in the time of seed production and today, the
main goal of those in family relationships is related to
the characteristics of helping, educating and caring for
each other, and the closest people unite in this
organization. It is known that a person develops and
matures in the family. A person who will contribute to
the future of our independent republic is brought up
first of all in the family. A family can be strong only if
there is harmony between those in marriage.
Therefore, it is important to learn what marriage is,
how it is formed, and its place in our society.
A family is an association made up of parents, spouses,
children and relatives, and creates property and
personal rights and obligations between family
members. The family is under the protection of the
state.
Since 1994, the General Assembly of the United
Nations has decided to celebrate May 15 every year as
the International Day of Families.
Since 1993, in Vienna, Cairo, Copenhagen and Beijing,
as well as a number of other international conferences,
it is also meaningful to include the family issue on the
agenda.
It was adopted by the United Nations on December 10,
1948
Article 16 of the "Universal Declaration of Human
Rights" states:
"1. Adult men and women have the right to marry and
start a family without any restrictions based on their
race, nationality and religion. They enjoy the same
rights when getting married, during marriage, and
when marriage is annulled.
2. Marriage can be concluded only with the will and full
consent of both parties.
3. The family is the natural and basic cell of society and
it has the right to be protected by society and the
state."
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The following words stated in Article 63 of the
Constitution of the Republic of Uzbekistan are
extremely symbolic and deeply meaningful: "The
family is the main link of society and has the right to be
under the protection of society and the state."
The concern of the society and the state for the family
is first of all manifested in the strong social policy of the
state. The main goal of the economic, political, social
and spiritual reform measures implemented under the
leadership of the state is to satisfy the interests of
people and families. 1997 - "Year of Human Interests",
1998 - "Year of the Family", 1999 - "Year of Women",
2000 - "Year of Healthy Generation", 2001 - at the
initiative of the First President of the Republic of
Uzbekistan I. Karimov "Year of Mother and Children",
2002 - "Year of Appreciating the Elderly", as well as a
number of other years were declared directly related
to the family. Each year, the government adopts
relevant state programs and steadily implements
them.
A family begins on the day a man and a woman get
married and put their heads on the same pillow. His
most important task is to continue the generation, as
well as to continue the best traditions and traditions of
his ancestors, to strengthen their lives.
The family is the primary unit of society, and it is
responsible for increasing the population and raising
the young generation.
Its important social tasks are as follows: First, it forms
the democratic cell of society, and people are born and
grow up in this sacred place.
Secondly, the family is an important link in which we
recover the efforts we spent in the labor process.
Thirdly, the family is an important source of education.
And the end, fourth, is a rare spiritual atmosphere.
According to scientists, family life is the only right way
for people to live. Living alone brings all kinds of
happiness and tragedy.
The family is protected by society and the state
a) the family is under the protection of society.
The family is the natural and basic unit of society. The
society consists of large and small families. The
stronger these families are, the stronger the society
will be.
In the just civil society that we are building, the family
is a unique social unit. This feature of the family is
primarily expressed in its connection with the interests
of society and social tasks.
In the country, work is being carried out based on the
program goals aimed at strengthening the well-being
of every family and every person, and the harmony of
citizens.
B) the family is under state protection.
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Day-to-day care of the family by the state, providing it
with material support from all sides is one of the
important tasks of a humane democratic legal state.
According to part 2 of article 65 of the Constitution of
the Republic of Uzbekistan and part 1 of article 4 of the
Family Code, the family, motherhood, fatherhood and
childhood are under state protection.
In our country, the state protection of the family is
carried out by the Secretariat of the Complex of Social
Protection of Family, Motherhood and Childhood of
the Cabinet of Ministers of the Republic of Uzbekistan.
As a result of measures aimed at strengthening the
health of women and the growing young generation in
our republic, forming a healthy family and improving
the health of women of childbearing age have had
positive results. .
The concept, principles and system of family law. The
concept of family law The aim of the chapter is to make
students have an idea about family law.
In this chapter, issues such as the concept, principles
and system of family law, the interrelationship of
family law with other areas of law and distinguishing
aspects are revealed in detail.
Family is the natural and basic unit of society. The
stronger it is, the stronger and faster the society will
develop. The family, the basis of our society, is being
strengthened materially and socially.
Relations between family members are regulated by
morals and legal rules.
Family law is an independent branch of law that
regulates relations arising from forms of marriage,
consanguinity, determination of children's genealogy,
placement of children deprived of parental care.
The subject of family law is personal and property
relations between family members.
Personal relationships include the rights of spouses to
choose their last name, children's upbringing, family
life, occupation, occupation and residence.
As for the property relations, the common property
acquired by the husband and wife during the marriage,
as well as the property acquired at the expense of the
common funds of the future spouse before the
registration of the marriage, unless otherwise
specified in the law or the marriage contract, their is
joint common property.
Principles (principles) of family law
When revealing the essence of family law, it is
necessary to take into account only its concept, the
specific nature of its subject, and at the same time its
most important principles, because its principles
reflect the specific characteristics of this area of law.
The principles of family law mean the main basis,
guiding rules that define the nature of this field of law
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and are of universally binding importance due to their
legal consolidation.
It is impossible to correctly interpret and apply the
norms of family law without taking into account the
principles of family law. The principles of family law are
important not only for the practice of applying the law,
but also for understanding the nature of the current
family law and its further improvement.
The main principles of family law are as follows:
1) The right to have a family under the protection of
society and the state.
The family is the main link of society and has the right
to be under the protection of society and the state
(Article 63 of the Constitution of the Republic of
Uzbekistan).
A) The family is under state protection.
When the family is under the protection of the state, it
is understood the measures taken by the state aimed
at preserving and strengthening the families that have
been created.
B) The family is under the protection of society.
When it is said that the family is protected by the
society, it is understood that the non-governmental
non-profit organizations that exist in the country
provide both material and moral support to the family.
This provision is a new provision established in the
Constitution of the independent Republic.
In our country, public organizations have been
providing various material and moral support to
strengthen the family and protect the interests of
children at the expense of various funds.
2) Equality before the law of all citizens regardless of
gender, race, nationality, language, religion, social
origin, faith, personality and social status.
In family law, it is stated that all citizens are equal
regardless of nationality, race "... all citizens have the
same rights and freedoms, regardless of gender, race,
nationality, language, religion, social origin, belief,
personality and regardless of their social status, they
are equal before the law" (Constitution of the Republic
of Uzbekistan, Article 18). This is an immutable rule
arising from the friendship of peoples, which finds its
expression in family law, and means that the fact that
people belong to different nations or races has no
importance in family relations.
The fact that citizens believe in different nationalities
and religions cannot be an obstacle for marriage.
3) Men and women have equal rights in all family
relationships.
According to Article 46 of the current Constitution of
the Republic of Uzbekistan, women and men have
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equal rights. This principle has become a constitutional
provision.
Equality of men and women in society is based on the
political equality of citizens, regardless of gender,
achieved in our country.
The rules of family law, which regulate a certain type of
social relations, are brought into a certain system
without being chaotically placed.
Family law is the structure of family law, its separate
institutions and norms in a certain sequence. The
family law system is structured objectively, reflects the
uniqueness of social relations that are the subject of
family law, and is manifested in the unity and
differentiation
of
interconnected
family-legal
institutions.
A legal institution is understood as a set of separate
legal norms that ensure the comprehensive regulation
of groups of similar and interrelated social relations.
Legal institutions are characterized by diversity in
terms of content, complexity in terms of regulation, as
well as legal independence.
The family law system includes general and special
parts.
The general part consists of norms that are important
for all institutions of the special part of family law,
including the main rules and tasks of family law, the
scope of relations regulated by family law and the
subjects and objects of these relations, sources of
family law; the application of civil legislation in relation
to family relations, as well as the application of family
and civil legislation by analogy; application of local
customs and traditions in family relations (for example,
Articles 1-9 of the Family Code).
The general part includes norms that establish the
conditions for the exercise of family rights and the
fulfillment of family obligations, the procedure and
terms of protection of family rights (for example,
Articles 10-11 of the Family Code).
The special part consists of several institutions, and
each of these institutions regulates a certain type of
social relations. They consist of:
- marriage (terms and procedure of marriage,
termination of marriage, invalidity of marriage);
- rights and obligations of husband and wife (personal
rights and obligations of husband and wife, legal order
of marital property, contractual order of property of
husband and wife, liability of husband and wife for
obligations);
- rights and obligations of parents and children
(determining the child's lineage, rights of minors,
rights and obligations of parents);
- alimony obligations of family members (alimony
rights and obligations of parents and children, alimony
obligations of relatives and other persons, agreement
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on payment of alimony, procedure for payment and
collection of alimony);
- forms of education of children deprived of parental
care (identification and placement of children deprived
of parental care, adoption of children, guardianship
and sponsorship, adoption of children into families
(patronage);
- application of family law to family relations involving
foreign citizens and stateless persons.
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