THE IMPORTANCE OF ALIMONY OBLIGATIONS IN THE SYSTEM OF GUARANTEES FOR THE PROPERTY RIGHTS OF SPOUSES AND FORMER SPOUSES UNDER THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The complexity of the legal regulation of family relations lies in the fact that a significant part of them, which has a non-property basis, is less subject to legal influence and is more regulated by the norms of morality, customs and religious attitudes.

The article analyzes the legal nature of the alimony obligation of spouses and former spouses, formulates theoretical conclusions and scientific and practical recommendations on improving domestic legislation in the marriage and family sphere.

The relevance of the issues under consideration is related to the special role of the alimony obligation in the system of guarantees for ensuring the property rights of subjects of family legal relations.

The article raises the question of the possibility of qualifying the illegal actions of the alimony defaulter as an economic form of domestic violence that violates the property rights of a spouse who is in a more vulnerable position due to circumstances recognized by law as respectful.

The article considers the question of the admissibility of compensation for moral damage for non-fulfillment of obligations to provide material support.

The methodological basis is the dialectical method of cognition, by virtue of which the authors were able to consider social phenomena and processes in close interrelation and constant development.

For a comprehensive analysis of the problem under study, the authors applied a sociological method, during which a survey was conducted among the population of Semey, lectures were given and training seminars were held.

The authors formulate a conclusion about the need to bring family and marriage legislation into compliance with the aim of normative consolidation of a unified approach to ensuring the right to receive alimony maintenance for needy women raising a child in common with the alimony payer.as a measure of responsibility for non-fulfillment of maintenance obligations.