INTERNATIONAL MARRIAGES: LEGAL PROBLEMS OF MARITAL RELATIONS WITH AN ALIEN ELEMENT

Abstract

A comprehensive study of the legal aspects of family and marriage relations with a foreign element in Kazakhstan and abroad is aimed at identifying the problems of the existing legal system to improve legal security and protect the rights of all participants in these relations. The study and comparison of legal norms and practices in Kazakhstan and other countries is conditioned by the task of identifying common and distinctive approaches to regulating family and marital relations with a foreign element. The assessment and interpretation of legal norms is carried out through the prism of the theory of human rights and comparative law, which makes it possible to substantiate the features and problems of regulating family and marital relations.

Based on modern scientific methods, the analysis of existing approaches in different countries to the issues of marriage, the definition of applicable law in international family disputes in the context of various legal systems is made. The analysis of the family legislation of the Republic of Kazakhstan is carried out taking into account the historical context of development. The article emphasizes that, against the background of globalization and increasing migration flows, family law is facing new challenges related to multiculturalism, diversity of cultural and religious norms. An important aspect of the analysis is the need to adapt international norms and standards into national legislation. The study touches upon topical issues of the application of conflict of laws rules in family and marital relations with a foreign element. One of the important results of the study is the substantiation of the problem of restoring the norms of private international law in the current legislation of the Republic of Kazakhstan in order to create a more transparent and secure legal environment for all participants in international family relations. The study allowed us to draw conclusions about the need for further development of family legislation of the Republic of Kazakhstan aimed at protecting the rights of citizens and meeting modern international requirements.