Tendencies for the Development of Marriage Conflict Legal Regulation with the Participation of Foreigners and Persons without Citizenship in the Post-Soviet Space

• Gulshan Gurezovna Bodurova Kazan Federal University
• Sanavbar Nazirkulovna Tagaeva University of Management «TISBI»

Palabras clave: forms of marriage, material conditions of marriage, conflict regulation, post-Soviet space, legal trends.

Resumen

The article describes trends in the development of legal regulation linked to collisions that regulate marriage matters under the laws of post-Soviet countries. At the methodological level it is a comparative research of documentary basis. It is noted that, despite the general historical development of legal institutions and ongoing harmonization, the regulation of the principles of marriage collision has its own peculiarities in the countries of the former Soviet Union. This trend is explained by the specific and heterogeneous regulation of marriage and family relations in the legislation of different countries. But in the context of integration processes, the displacement of people from one country to another, marriage and family relationships also tend to develop. The article provides comparative analysis of the vast material, especially regulatory legal acts of post-Soviet countries, which regulate marriage and family relations in order to identify common and special characteristics. They revealed trends in the regulation of marriage conflicts in post-Soviet countries, as well as the regulation of marriage disputes in a consular office or diplomatic mission.

Citas

BRETTELL, Caroline B. 2017. “Marriage and Migration” In: Annual Review of Anthropology. Vol. 46, No. 91, pp. 81-97.

BRIGGS, Adrian. 1999. “Private International Law” In: British Yearbook of International Law. Vol. 70, No. 1, pp. 319-347.

CLARKSON, C; HILL, J. 2006. The Conflict of Laws. Oxford: University Press. Oxford, United Kingdom.

DESSEMONTET, F; ANSAY, T. 2004. Introduction to Swiss Law. The Hague: Kluwer Law International. USA, New York.

HANNUM, Hurst; LILLICH, Richard. 1980. “The Concept of Autonomy in International Law” In: The American Journal of International Law. Vol. 74, No. 4, pp. 858-889.

LEHMANN, Mattthias. 2020. “Regulation, global governance and private international law: squaring the triangle” In: Journal of Private International Law. Vol. 16, No. 1, pp. 1-30.

LUNDSTEDT, Lydia; SINANDER, Erik. 2020. “Enhancing critical thinking in private international law” In: The Law Teacher. Vol. 54, No. 3, pp. 400-413.

MATVEEV, G.K. 1972. “The issues of the Soviet conflict of family law” In: Jurisprudence. No. 2, pp. 99-105.

MENGLIEV, S. 2001. “The fundamental beginning in the regulation of international private law relations” In: Davlatvahukuk No. 2, pp. 74-78.

PANTELEEVA, I.Y. 1986. Marriage in Private International Law: Thesis by the PhD in Law. Moscow State University. Moscow, Russia.

SEN, Samita; BISWAS, Ranjita; DHAWAN, Nandita. 2011. “Intimate Other Marriage & Sexualities in India” In: Sage Journals. Available online. In: https://doi.org/10.1177/2393861715574419. Consultation date: 14/11/2018.

SHA, Heila. 2020. “Transnational marriage in Yiwu, China: trade, settlement and mobility” In: Journal of Ethnic and Migration Studies. Vol. 46, No. 11, pp. 2326-2345.

STEWART, David P. 2009. “New Directions in Private International Law” In: Agenda International. Year XVI, No. 27, pp. 255-269.