Volume 02 Issue 12-2022
29
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
29-34
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article discusses the social and legal significance of family relationships, the causes of family conflicts, the social
and legal nature of conflicts, the consequences of unfair division of labor in the family, the importance of gender
equality today, the rights and responsibilities of spouses in the family, family divorces, marriage contracts and issues
related with family divorces, as well as how to avoid them.
KEYWORDS
The concept of family, conflicts, family disputes, divorces, rights and obligations of family members, divorce statistics.
INTRODUCTION
All of us have long known that the family of the people
of Uzbekistan is a sacred place. Article 63 of Chapter
XIV of the Constitution of the Republic of Uzbekistan
states that "the family is the basic unit of society and
has the right to be in the reserve of society and the
state. Marriage was based on the voluntary consent
and equal rights of the parties," the statement says -
this is also reflected in Article 14.
Today we will witness multiple applications for
dissolution of marriage, which came to the civil courts
of the Republic of Uzbekistan. From this to the fact
that society and both parties suffer material and
Research Article
SOCIAL AND LEGAL NATURE OF TODAY‘S FAMILY CONFLICTS
Submission Date:
December 17, 2022,
Accepted Date:
December 22, 2022,
Published Date:
December 27, 2022
Crossref doi:
https://doi.org/10.37547/ijlc/Volume02Issue12-06
Mirzayev Giyosbek Israil Ugli
Department
“
International Law And Human Rights
”
Lecturer. Tashkent State Universitety Of Law. Tashkent ,
Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 02 Issue 12-2022
30
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
29-34
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
spiritual damage. In this article, we will provide general
statistics about some of the causes of family conflicts,
their solutions, registration of marriages and
dissolution of marriage. Day by day, lawsuits for
dissolution of marriage arrive in the civil courts without
queues. Supreme Court of the Republic of Uzbekistan
oliysud.uz draw your attention to the statistical table
from the official website.
Based on these statistics, we can say that by 2022 a
total of 45,853 cases of marriage dissolution in the
Republic for 9 months came to the courts and were
completed. Of these, 24,416 were satisfied with the
court's decision to dissolve the marriage. 15,933 claims
were denied. In doing so, the courts may have
concluded that there is no reason to dissolve the
marriage, or one of the parties may have indicated that
it is against dissolution of marriage that there is a
chance of preserving the family. In this case, the court
imposes an obligation on the parties to give them time
to think and take steps to preserve their family. In this
case, the party sued indicates that he or she will not be
able to re-sue the court within six months with the
same claim. However, the other party (the responsible
party) has the right to file a claim without filing for six
months as a claimant. Proceedings in 1855 lawsuits in
the Republic under the Code of Civil Procedure
Proceedings under Article 124 have been completed.
Of the 45,853 marriages registered in the first 9 months
of 2022, divorce proceedings have been left pending in
3,649 cases. The grounds for abandonment are listed
one by one in Article 122 of the Code of Civil Procedure.
In 9 months, 53.2% of the lawsuits for dissolution of
Volume 02 Issue 12-2022
31
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
29-34
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
marriage included in the court were satisfied. Thanks
to these figures, we can learn that so many families
disappeared.
According to the State Statistics Committee of the
Republic of Uzbekistan, in January-September 2022
there were 197,013 registered cases of marriage in the
republic.
Taking
into
account
the
general
circumstances, we can understand that 45,853 of these
197,013 families were dysfunctional. Do you think these
numbers are increasing?
According to psychological scientists and practitioners,
we can divide the causes of family conflict into 3
groups. One of them says: "the fact that the division of
labor in the family is unfair is one of the causes of family
conflicts. As today's situation suggests, most family
conflicts occur in financially dysfunctional families. To
complete the fast, the family needs to earn a working
family member and help cover family expenses. The
husband and wife are equally responsible for this.
Regardless of whether we are in Uzbekistan or
Muslims, the material problems of the family have
been the responsibility of the man from the beginning.
The woman, on the other hand, takes care of
household chores and childcare. In a sense, this can be
a fair division of labor between husband and wife.
When we refer to the origin of family configurations
from a social point of view, In the family it is considered
that the man occupies a dominant position In the
family. All family problems are solved with his help.
Plans for the future are also made by the man's final
decision. And his wife plays the role of consultant and
minister. If we take a thoughtful look at the situation.
If neither the husband nor the wife earns money by
labor in the family, this will be one of the main conflicts
in the family. If the man has left the small home
without working and the woman husband does not
earn money, there are objections that you cannot feed
the family. In this situation, your husband will not be
able to earn money if he is not working, not
strengthening his health. In such a situation, looking at
a woman, you cannot find a person who will say, "What
have you done for your family, what material lust have
you brought.
Article 2 of the Family Code of the Republic of
Uzbekistan defines "the equality of women and men in
family relations. It regulates family relations based on
the principles of the union of a man and a woman who
entered into marriage voluntarily, equality of personal
and property rights of husband and wife, resolution of
domestic family issues by mutual consent, raising
children in a family caring for their comfortable life.
The husband does not raise any objections to the wife,
even if the woman in the family does not earn any
money. Therefore, this is characteristic of our national
mentality. But the family conflicts that arise for the
wife if the husband does not find her, become clear to
all of you. Everyone should know this - a man's role in
raising a child will be a positive reason for how his
children will grow up in the future. When raising a child,
when the sizzle of both in family matters is
homogeneous, there is never an argument in the
family. Mutual affection makes the family realize that
friendship is the greatest happiness. It is certainly a
manifestation of social vocalism.
The fact that the division of labor is unfair is also seen
as the legal nature of family conflict. This is considered
a situation that arises because of the demands of
today.
Article 19 of the Family Code provides for the equality
of husband and wife in the family as a strict norm. It
states, "husband and wife enjoy equal rights in the
Volume 02 Issue 12-2022
32
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
29-34
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
family and have equal responsibilities." Of course,
legally this is true. However, even among men who are
not in gainful employment, there are thousands and
thousands of women today. Who works if they don't
work? Who will meet their material needs for butter? -
It is entirely appropriate that you be asked this
question. The right to work is stated in a separate
article of the Constitution and the labor code.
Article 37 of our Constitution states that "Everyone has
the right to work, free choice of occupation, fair
working
conditions,
and
protection
against
unemployment in the manner prescribed by law."But
citizens also misuse these rights. As a result, the
sedentary lifestyle of the members of our society is
elevated to the level of a profession. This, of course, is
not inherent in humanity. Imagine what kind of
atmosphere would arise in a family if a physically fit
man, a father of four children, did not work as head of
the family! Quarrels occur every day because of the
absence of the family. As a result, family relationships
benefit the class.
If we analyze this issue from the second side. Imagine
this! There are four children in one family. It is very
important that the parent be equally responsible for
raising the children. As mentioned above, even if the
woman (wife) in the family has no trouble staying
home and bringing home money, persistent men are
no good, no quarrelsome in the family. It is also methin,
which for some reason is transmitted through the
blood to men. Sometimes some women don't like it
when a man stays home, looks after the children, and
goes to bed doing medical procedures to restore his
health. He survives one day, two days, Ana's month
with Cheddar, then Jean Jalls begins. Eventually, the
healthy atmosphere in the family disappears. But when
the head of the family lies down, eats and drinks, the
husband becomes lazy, buys everything he has at
home, and the wife comes to work and fills the poverty
in the family? And this has to do with the legal nature
of conflict in the family, the fact that the division of
labor in the family is unfair. As a result, the number of
divorce petitions in the civil courts will increase by one
more. Any entry into a family relationship, of course,
must be legal. This ranges from building a marriage to
having children, raising them, meeting material and
spiritual needs with one parent. Full provision for the
family bouquet in a modern legal democratic state,
husband and wife have the same rights and
responsibilities. Article 46 of our Constitution states
that "equality shall be established between women
and men. In addition, the rule of gender equality is put
forward all over the world. This article states that "in
the absence of appropriate norms in the legislation to
regulate family relations, local customs and traditions
that do not contradict the principles of the legislation
of the Republic of Uzbekistan shall be used.
How good it is when a couple falls in love and respects
each other, solving family problems together.
However, when, unable to bear the small difficulties of
the family, the wife protests against her husband, the
family conflicts continue to tangle day after day.
Below we can give a number of reasons for the order
of disputes that arise because the husband and wife's
demands for the dissolution of the marriage are not
met:
-
First, the husband's lack of concern for his woman
or the woman's own spouse;
-
Second, the lack of spiritual encouragement is the
lack of mutual affection (love) ;
-
the third is that the woman's material extremes are
not provided for by her spouse.
Volume 02 Issue 12-2022
33
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
29-34
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
Excessive thrift in the family also results in injustice to
one's own family. As a result, the husband or wife will
call each other in the presence of the child, telling each
other openly about the problem they are having. This
also has a negative effect on the children's upbringing.
In my opinion, the fact that the needs of the husband
and wife, their views of the world, and their tastes
differ also leads to conflict.
And we have described the social and legal nature of
the problems. Above we have tried to cover the needs
of the husband and wife in detail. There is a person,
there is life. There is life in which people have more and
more needs. A man must know how to restrain himself
from excessive needs. In addition to first-rate needs,
one must learn to be patient with others. While we live
in an informed time, people need different mobile
devices. Among them are items that can be lived with
without use at all. For example, an mobile phone in its
latest version, a computer and its hardware, or the
latest model cars. This is in some ways necessary.
However, expensive items can be replaced by relatively
inexpensive ones, even if they use items that can
handle it. Today's young people tend to go through
each other to look each other in the eye. In a family that
cannot meet such needs, father and child, husband and
wife face mutual arguments. And that's without
considering the lack of material ability to meet the
excessive needs in families that don't earn much
income. Whether we like it or not, human needs
continue to grow day by day. New-new social
relationships arise. Why do people strive to earn more?
To live well, of course. To meet these needs, one must
study well and be a mature professional in a profession
that interests him. She is able to meet the social and
natural needs of all family members because of the
profession he loves.
On this day we will analyze the statistics of lawsuits
filed in the civil courts of the republic. Three or four out
of every ten jobs fall into the category of civil cases
related to the dissolution of marriage. As a result of
examining the fundamental nature of why there are so
many, it became clear that the following reasons exist:
-
The establishment of early marriages among young
people 13%;
-
parents' dream of destroying their children's
futures for the amateur 10%;
-
the hidden infidelity of the couple is 15 percent;
-
due to material difficulties in the family 9%;
-
of the couple's characters, the fact that the views
of the world do not coincide with each other 38%.
-
Third-party interference 15%.
It seems that the fact that the characters of the couple
do not coincide with each other is 38%. Instead of
concluding, we can say that these are the reasons that
show a clear result of my opinion that "the needs, the
tastes of husband and wife are different and lead to
conflicts. These are marriages of a guy and a girl of
different categories who do not know each other well.
A spiritually mature person's spirituality, view of the
world, marriage to a man who is far inferior. Negative
evaluation of the husband or wife working in the state
case by the other party due to tardiness to work.
Family conflicts arise from distrust of each other and
other factors. A person who works with a good team
comes into contact with different categories of people
every day. As a result, his knowledge and thinking
increases. The culture of handling them will also have a
much more refined flavor than the culture of refueling.
The husband will surely be disappointed in his wife if he
does not understand how elegant these tastes are. Or,
rather, from that woman's husband. For this reason,
we would recommend that young unmarried girls be
Volume 02 Issue 12-2022
34
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
29-34
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
sure to start a family with a man they like, who can
understand and support each other, with whom they
share the same views and tastes of the world. A guy
with a college education who has studied can adapt
him to himself if he marries a girl who does not have a
college education. But if a girl with a college education
marries a stupid guy whose uneducated view of the
world is narrow and who thinks her opinion is correct,
that family will have to endure much more hardship to
bring the anchovies into balance. Family conflicts
ensue, and conflicts lead to divorce.
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Constitution Republic of Uzbekistan. T.:
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additions dated October 5) official publication
–
Ministry of Justice of the Republic of
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Постановление Пленума Верховного суда
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