IN TAJIKISTAN FAMILY IS UNDER THE SPECIAL PROTECTION OF THE STATE AS THE BASIS OF SOCIETY

The family is recognized as a sacred institution in the culture of the ancient Tajik people, because the best human values - love and loyalty, sincerity and fidelity, mutual understanding and tolerance - are formed in the family. Family in the "Culture of legal terms" - free, voluntary, equal and, as a rule, for life union of husband and wife, based on mutual love and respect, with the purpose of creating a family for the birth and upbringing of children, subject to all legal conditions and spiritual and economic community, and also creates rights and responsibilities between family members and is under the protection of the state. Article 33 of the Constitution of the Republic of Tajikistan states: "The state protects the family as the basis of society. Everyone has the right to found a family. Men and women of marriageable age have the right to marry freely. Husband and wife have equal rights in marriage and at the dissolution of marriage.Polygamy is prohibited.».

In modern science the concept of family is understood in two basic meanings: social and legal. In the social sense, family refers to the circle of people based on marriage, kinship, raising a child in a family, and represents the community of life, interests and mutual care. Family in the legal sense refers to the union of persons bound by rights and obligations arising from marriage, kinship, raising a child, adoption, etc. The main tasks of the family are the creation of a healthy generation, upbringing, household, harmonious spirituality of family members, and mutual material and spiritual support. Family law, as a branch of law, regulates certain types of social relations - family and legal relations, which arise in connection with the fact of marriage, childbirth, adoption and other kinship relations.

The subject of the study of family law covers the entire spectrum of social relations. The family is the foundation of the stability of the state and society, and its role in the education and upbringing of fully formed children is considered very important. Sometimes it is observed that some citizens misunderstand the value and inviolability of the family, allow violence in the family, destroy mutual family relationships, and displace their children. According to research and expert opinion, a low level of culture of family relationships, lack of understanding of sacred family values, the source of which are friendship and loyalty, honor, respect, support, and mutual understanding of family members, are considered to be the main factors that expose family members to violence and abuse and family breakdown. Experts believe that women and children in many cases are subjected to violence in their circumstances, and such problems are more common in young families.

Article 34 of the Constitution of the Republic of Tajikistan defines and establishes: "The mother and child are under the special protection and care of the state.

Parents are responsible for the education and upbringing of their children, adult and able-bodied children, and for the care and social support of parents.

The state takes care of the protection of orphans, disabled children, and their education.

In view of the above issues and in order to raise young people and provide them with the best possible introduction to a family culture, the legal age for marriage has been set for young people since 1 January 2011. Any action contrary to this law shall entail responsibility. 

Valiev Davlatyor

Journalist of the Rector’s Service 

translated

Ruzimuhammad Ismoilov