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24Wschodnioeuropejskie Czasopismo Naukowe (East European Scientific Journal) | NAUKIPRAWNE # 8, 2016
2. Бобылев А.И. Теоретические проблемы правотворчества в Российской Федерации // Право и политика. 2001. № 9.
3. Поленина С.В. Правотворческая политика // Российская правовая политика: курс лекций / Под ред. Н.И.
Матузова и А.В. Малько. М., 2003.
4. Чухвичев Д.В. Законодательная техника. М., 2006.
5. Керимов Д.А. Законодательная техника. М., 2000.
INTERPERSONAL LEGAL CONFLICTS. FAMILY CONFLICTS
Myrzakhanova M.N.
PhD in Medical science, professor, Kokshetau state university, Myrzakhanov Y.N. senior Lecturer, Kokshetau state university, Kuznetsov A.V. Master of Law, Kokshetau state university
МЕЖЛИЧНОСТНЫЕ ЮРИДИЧЕСКИЕ КОНФЛИКТЫ. СЕМЕЙНЫЕ КОНФЛИКТЫ
Мырзаханова Маржан Нуркеновна кандидат медицинских наук, профессор кафедры юриспруденции, Кокшетауский государственный университет им. Ш. Уалиханова
Мырзаханов Ерлан Нуркенович старший преподаватель кафедры юриспруденции Кокшетауский государственный университет им. Ш. Уалиханова
Кузнецов Алексей Валерьевич магистр юриспруденции, Кокшетауский государственный университет им. Ш. Уали-ханова
ABSTRACT
Interpersonal conflicts are manifested in the interaction between two or more persons where actors confront each other and find out their relationship immediately. One example of interpersonal conflicts is family conflicts.
АННОТАЦИЯ
Межличностные конфликты проявляются во взаимодействии между двумя и более лицами, где субъекты противостоят друг другу и выясняют свои отношения непосредственно. Одним из примеров межличностных конфликтов являются семейные конфликты.
Key words: mediation, family conflict
Ключевые слова: медиация, семейный конфликт
Introduction
Different types of conflicts at different stages of family formation are outside the regulation. No rule of law cannot oblige a person to be mellow, calm, compliant and attentive. It depends on the person, his ability to govern themselves, and to give way to compromise, which is acquired as a result of work on oneself and upbringing.
The objective side of family conflict is variations in the behavior of spouses in relationships with other family members, the collision position on the same issue in the life of the family. The subjective aspect of marital conflict is manifested in the fact that spouses and other family members in the current situation cannot find the right decision[1].
Thus, the families conflict - contradictory behavior of spouses and other family members in the area of family relationships (both personal and property), the clash of ambitions to establish their own priorities in dealing with family issues vital.
Family conflicts can be classified on the following grounds:
1) On the subjects of conflict - conflict between the spouses; their spouses and their children; spouses and parents of each spouse; grandparents and their grandchildren, etc.;
2) The content of the conflict - a mismatch of real feelings and relations of the spouses; divergent approaches to child-
rearing, to household management; the interference of parents of spouses in family life, etc .;
3) In the field of conflict manifestations - personal and property conflicts between spouses, among relatives, etc.
Family life is not limited to emotions and feelings, as a personal relationship between husband and wife are complemented by rights and obligations arising from a registered marriage between them. Articles 2, 3 and 6 of the Family Code of the Republic of Kazakhstan to the personal rights of spouses include the right to determine the type of employment and occupation, the right to free choice of residence, the right to a joint decision of vital family issues, the right to choose a family name. However, these rights are not always implemented by mutual agreement that leads to a conflict between husband and wife. For example, when entering into marriage the spouses are given the opportunity to leave their maiden names, or select the name of one of them as a common surname or his name attached to the name of the other spouse. Resolution of this issue in the event of disagreement with the arguments of each other may ultimately lead to a conflict situation[2].
The life of the family is not only connected with the personal relationship of the spouses, but also property relations. In accordance with the Family Code of the Republic of Kazakhstan spouses' property can be divided into private and common. For personal property in addition to the personal things include
Wschodnioeuropeiskie Czasopismo Naukowe (East European Scientific Journal) | NAUKIPRAWNE # 8, 2016
property owned by each of the spouses before marriage, as well as received by one spouse during the marriage as a gift, by inheritance or otherwise gratuitously transactions. But the gift or inheritance should be personalized. If the gift is presented to both spouses, the property is considered to be common.
Property acquired by spouses during marriage is their joint (common) property. This includes income from labor, business, intellectual property, pensions, allowances and other payments that do not have a special purpose, as well as things, securities purchased by general revenues [3].
Spouses have equal rights of possession, use and disposal of property acquired during the marriage. This means that at the disposal of the property of one spouse does not require the consent of the other. It is assumed that it exists. However, there are types of property to which the order requires the written notarized consent of the spouse. This applies to the alienation of real estate and a transaction requiring notarization and (or) registration.
In accordance with art. 22, paragraph 3 of the Family Code of the Republic of Kazakhstan is possible partition of the common property of the spouses to determine their share of both during marriage and at its dissolution. When the family breaks down, and it is impossible to resolve the conflict between the spouses, the division of property takes place painfully, as each defends their rights, proving their pre-emptive right to possession of the property or otherwise [4].
How to resolve the conflict in the family and can I prevent it? The rules of law answers to these questions. However, family psychology has developed a set of rules preventing conflicts between spouses:
• eliminate the accumulation of negative emotions, that is should not accumulate grievances and "sins", and it is better to respond to them;
• Do not make comments spouse in front of others;
• Do not overestimate their own merits and abilities; do not consider yourself always and in everything right;
• Be attentive, able to listen and hear each other;
• refers to hobbies understanding spouse and others.
As well as warning of the conflict in the family, its solution lies in the psychology of relationships. Knowing the characters of each other, the couple must show respect for the other party to the conflict, as well as the tolerance of the position, which adheres to the opponent. Consequently, the constructive resolution of family conflicts depends primarily on the ability of spouses to understand, forgive and give in [5].
The normalization of relations in the family can be considered:
a) The achievement of mutual reconciliation and harmony;
b) Compromise, that is agreement on the basis of mutual concessions;
c) The victory of one side over the other.
When couples are not able to resolve their conflict, they can turn to a third party acts as an intermediary reconciliation of the conflicting parties (it can be a relative, a child, a judge).
The ending disagreements and clashes spouses in dealing
with family issues are divorce. According to psychologists, it is preceded by a process consisting of three stages: 1) emotional divorce, manifested in alienation, indifference spouse, loss of confidence and love; 2) physical separation that leads to separation; 3) a legal divorce, which requires legal registration of marriage termination.
The legislation gives the spouses the right to termination of marriage, when their further joint life becomes impossible. Moreover, the law does not contain a list of the reasons and motives for divorce. A statement of divorce in the bodies of civil status or the court may be treated as both husband and wife, and one of them. According to Art. 17 of the Family Code of the Republic of Kazakhstan, divorce by administrative order may be made by mutual consent of the husband and wife who do not have common minor children. Dissolution of marriage through the courts in accordance with Art. 19 of the Family Code of the Republic of Kazakhstan is carried out if the spouses have common minor children, or in the absence of the consent of a spouse for divorce.
Although divorce can be regarded as a radical means of resolving the conflict in the family, however, it has its negative effects. The most vulnerable is most often a woman with whom children usually are, which is more susceptible to psychological disorders than men. The negative consequences of divorce for children are evident, as the second child loses a loved one parent, often the mother is brought up.
Divorce is not completely solving all the problems, as clashes between the former spouses are also possible after the divorce, in particular, on the property, alimony, etc.[6]
A variety of family conflicts are also conflicts between parents and children, who increasingly have the psychological conditioning. However, at certain times, these conflicts could take in the legal form. This is possible in cases where:
1)through the court decided the question of with whom will the child after his parents' divorce;
2) decide on the legal regime of raising a child;
3) parents (one of them) are deprived of parental rights;
4) a child commits an offense, for which the financial liability, according to Kazakh law, will be borne by the parents.
References:
1. Yakovlev V.F. Free use of the law. Textbook / V.F. Yakovlev // Mediation and Law. - 2006. - № 1
2. Myrzakhanova M.N. Mediation and Law. Textbook. Germany 2014
3. Myrzakhanova M.N., Myrzakhanov Y.N., Kuznetcov A., Tulegenov Sh. and exc. Mediation in criminal process of foreign countries and prospects for Kazakhstan. Kokshetau, 2015
4. Myrzakhanova M.N., Kuznetcov A., Tulegenov Sh. Medical mistake: legal aspects. Yekaterinburg, 2015
5. M. Lisa Parkinson. Family Mediation. Textbook / Lisa Parkinson. - M .: MTsUiPK 2010.
6. Myrzakhanova M.N. Conflict prevention technology. Ukraine. Kiev. 2015
