Кутуева К.,
курсант 2 курса факультета подготовки
сотрудников полиции Уфимского ЮИ МВД России
Попова
Е.В., преподаватель
кафедры иностранных и русского языков Уфимского ЮИ МВД России
Comparing family legislation of Jamaica and the
Russian Federation
Living in the age of globalization, the
internationalization of modern society needs a constant flow of information. It
is even conceivable that the modern person to some extend depends on
information. Indeed, the more one knows, the more he experiences, the easier to
survive in certain situations. Today, the theme of the legislation is urgent
because the law contains both rights and obligations. Every person, regardless
of his place of residence there are rights and obligations that regulate the
relations around it.
The purpose of this article consists in searching
similarities and differences in legal systems, the laws of Jamaica and the
Russian Federation. To determine similarities and differences was chosen as the comparison method, since this method is more fully reveal
the meaning of all historical facts and legal provisions.
In the Russian Federation family law is one of
branches of law. Family law represents the system of legal norms regulating
family relations, i.e. personal and related property relations arising between
citizens at the time of marriage, filiation,
adoption, adoption of children in family on education. Family law regulates a
certain type of social relations – family relations, which arise from the fact
of marriage and belonging to the family. Most of these relations is moral in
nature, but often they are intertwined with property relations. Love, marriage,
mutual respect, personal freedom, education in the family, affection, trust
each other, responsibility, and similar relations belong to the category of
relations. However, marriage gives rise to property relations – there is common
property, the duty of mutual financial support, child maintenance. The moral
relations in the family are the main. Family relations are implemented significant
human interests.
In Jamaica many humorous or simply outrageous Jamaican
family laws can be found. The Status of Children Act
1976 abolished the distinction between children born in
or out of
wedlock. From that date onward,
children born out of wedlock
had the same
status and priveleges as children
born of married
parents. The Act also made
provision for blood tests to
establish paternity. The Maintenance Act, 2005 has repealed
the Affiliation Act which since 1926 had provided for
the determination of fatherhood and
the maintenance of children where
the parents are not married
to each other.
The situation now is that
whether a child is of
a single woman or not,
it does not
matter so far as the
determination of paternity is concerned.
In
respect of maintenance, every parent has an obligation to maintain his or her
unmarried child who is under the age of eighteen years, or is in need of such
maintenance, by reason of physical, or mental infirmity or disability. Every grandparent has a similar
obligation in respect of the
grandparent’s unmarried grandchild, in the event of
the grandchild’s parents failing to maintain the
child due to death, physical
or mental infirmity or disability
of the parents.
This is so
to the extent
that the grandparent is capable of so
doing.
The
Status of Children Act, first
enacted in 1976, made all children
equal in status, irrespective of whether their
parents are or have been
married to each other. It
gave rise to the popular
1970s song which said, “no bastards
no deh again”.
The
law provides that where in
civil proceedings, it becomes necessary
to determine the paternity of
any person, the court may
on the application
of a party
to the proceedings
direct that blood tests be
used to determine
whether a party to the
proceedings is or is not
excluded from being the father
of the subject.
If
for the purpose
of giving effect to the
court’s direction, a person were
to impersonate another, or puts
forward a child knowing that
the child is not the
child that the court has
given the direction about, that person may
be charged and tried in
a Resident Magistrate’s Court for the impersonation.
If convicted, the individual may be sentenced
to a term
of imprisonment not exceeding twelve
months. However, if the Resident Magistrate wishes to impose a
fine, the maximum fine is five hundred dollars.
Thus, an overview and comparative analysis of in some
fields of legislation have been made. Its purpose is to support the efforts in
developing comprehensive legislation in the discussed spheres by drawing
lessons from the combined experience of the mentioned countries with the
subsequent development of any new policies on the considered fields.
REFERENCES
1. Lloyd
G. Barnett, The Constitutional Law of Jamaica. L.,
1977.
2. Chambers,
H. V. T. Essays on the Jamaican Legal System & Certain Aspects of the
Substantive Law. Kingston, 1974.
3. Mahfood Jamaica R. A. // International Encyclopedia of
Comparative Law. Vol. 1. 1971. P. J1-3
4. Great
Russian encyclopedia: In 30 t./ Chairman of Scientific.-ed. Board Yu. s. Osipov. Resp.
edited by S. L. Kravets. So "Russia". — M.: Great Russian encyclopedia, 2004. — 1007
p.: ill.: cards. — ISBN 5-85270-326-5 ("Russia") — ISBN
5-85270-320-6.
5. Vernadsky G. V. the Golden age of Kievan
Rus. — M.: Algorithm, 2012. — 400 S. ISBN
878-5-699-55146-0.
6. Gorinov M. M., Gorsky A. A.,
Gaines V. O., etc. History
of Russia from ancient times
to our days:
Textbook for students in higher
education (recommended for publication by the State
Committee of the Russian Federation
on higher education; under the auspices of
the Federal target program of book publishing
in Russia) / ed. by M. N. Zueva.
— M.: Vysshaya SHKOLA, 1994. — ISBN 5-06-003281-7.
7. http://www.boj.org.jm/financial_sys/supervised_legislation.php
(date of reference 03.11.2017)
8.
http://www.lawsofjamaica.com/category/family/ (date of reference 03.11.2017)