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DETERMINATION OF CHILD'S PLACE OF RESIDENCE IN PURSUANCE WITH FAMILY LAW OF TAJIKISTAN REPUBLIC AND EUROPEAN UNION

Author (s)

Urunova S.V.

Abstract

The article dwells on the problem of child`s place of residence after dissolution of marriage in pursuance with the law of the Republic of Tajikistan and that one of European Union. The analysis of juridical literature enabled to compare the approaches of court practice in Tajikistan and those ones of the states-members of European Union. The author of the article makes an endeavor to disclose the terms adduced in international agreements between TR and EU countries. In the process of the court resolution elaboration when determining child`s place of residence because of parents` divorce attention is paid, first and foremost, to the priority of child`s rights and interests.

Keywords

court, forensic resolution, child`s place of residence, parents, Minsk Convention, child`s interests, family legislation, parents` rights and obligations

References

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2.        Resolution of Supreme Court Plenum of Tajikistan Republic, № 16 from October 2, 2003, “On the Experience of Using Legislation on the Part of Judges under Consideration of Arguments Related to Upbringing of Children” - Official site of Tajikistan Republic Supreme Court. www. Sudioli.tj (Accessed March 12, 2021).

3.        Article 55 of Tajikistan Republic Family Code // Bulletin of Tajikistan Republic Majlisi Oli, 1998, No. 22, article 303; 2006, No. 4, article 196; 2008, No. 3, article 201; 2010, No. 7, article 546; 2011, No. 3, article 177, No. 12, article 855; 2013, No. 3, article 195; 2015, No. 11, article 960; 2016, No. 3, article 143, No. 11, article 881; Law of the Republic of Tajikistan dated February 24, 2017, No. 1395.

4.        Skakun O.S. Actual Issues of Implementation of International Agreements of Russian Federation in the Sphere of Child`s Rights Protection. Candidate dissertation in jurisprudence. 12.00.10 / O.S. Skakun. - M., 2013. - 241 pp.

5.        Tagayeva S.N. The Problems of Collisional Regulation of Responsibility of Family Members Coming to Surface due to Violation of Obligations Imposed by Legislation Norms [Text] / S.N. Tagayeva / In the collection of works: The Problems of Law Enforcement in Past, Present and Future. Collection of Articles of International Scientifico-Practical Conference: in two parts. - Dushanbe, - pp. 176 - 180.

6.        Private Law between Nations. Manual // Editor-in-charge: Radjabov M.N., candidate of juridical sciences, Associate Professor. - Dushanbe: Er-Graph, 2918. – 346 pp.

Publication date

Tuesday, 16 November 2021