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Author

Antonenko-Kulichenko N.S.

Title of article

Protection of the rights of the Republic of Belarus citizens by conflict of laws regulation of the marriage with foreign element

Section

Comparative studies and foreign experience

Issue, year

1 (31) 2015

Abstract

The issues concerning the protection of rights of Belarus citizens in the field of marriage and family relations are discussed. The concept of “foreign element” is investigated, its content is defined. It’s noted that the Republic Basic Law equates foreign citizens and stateless persons residing on its territory to the Republic citizens. The rule on national treatment conforms to the recognized international law rules. The main problem of the research is: what state’s legislation should be applied to foreign element marriage? Conflict of laws regulation is considered as law enforcement institute, effective application of which is able to protect Belarus citizens’ rights and legitimate interests. The characteristic of conflict rules is given, their effect is examined. The subject of conflict of laws regulation is defined. The role of such rules in the mechanism of legal regulation is shown. The main sources of conflict rules regulating marriage and family legal relations in Belarus are denoted. The contradictions between conflict rules contained in the Code, the Minsk Convention and bilateral agreements are shown. In such case the primacy of international law operates, the principle of which is fixed by national legislation. It’s emphasized that the goal of creating national conflict rules is their application if there’s no international convention or bilateral agreement, the differences between the national conflict rules and conventions provisions are undesirable. The discrepancy in the name of section VI of the Belarus Marriage and Family Code and its content is stated. A way of eliminating the revealed defect is suggested.

Keywords

foreign element, private international law, marriage, conflict rules, marriage and family law.

References

1. Boguslavskiy M.M. Mezhdunarodnoe chastnoe pravo [International private law]. Moscow, Yurist’ Publ., 2005. 604 p.

2. Brun M.I. Vvedenie v mezhdunarodnoe chastnoe pravo [Introduction to private international law]. St. Petersburg, 1915. 560 p.

3. Kuznetsov M.N. Mezhdunarodnoe chastnoe pravo. Obshchaya chast’ [International private law. The general part]. Moscow, Publishing House of Peoples’ Friendship University, 1991. 380 p.

4. Zvekov V.P. Mezhdunarodnoe chastnoe pravo [International private law]. Moscow, 1998. 340 p.

5. Kol’tsov B.I. Dialektika protivorechiya v mezhdunarodnom chastnom prave [The dialectic of contradictions in private international law]. Aktual’nye problemy sovremennogo mezhdunarodnogo prava [Actual problems of modern international law]. Moscow, MGIMO Publishing, 1976. Edition VI. Pp. 160-164.

6. Raape L. Mezhdunarodnoe chastnoe pravo [International private law]. Moscow, Foreign Literature Publishing House, 1960. 460 p.

 

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