PERSONAL NON-PROPERTY RELATIONSHIPS OF THE STEP-FATHER AND STEPSON: IN SEARCH OF LEGAL ENTITIES

Elena Genrikhovna Komissarova, Sara Kimadievna Idrysheva, Tatyana Vladimirovna Krasnova

2022

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DOI 10.52026/2788-5291_2021_69_2_73
Data confidence 70 medium
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Abstract

The problem of personal non-property relations that arise in a consolidated or remarried family with the participation of a stepfather/stepmother and a stepson/stepdaughter is rarely studied in the legal literature. Schematic approaches have been adopted in Russian familistics, suggesting the legal imposition of legal rights and obligations on the stepfather, by analogy with legal parents. In the Kazakh science of family law, this problem is not even touched upon. Turning to it, the authors of the article seek to substantiate the appropriate theoretical and methodological approaches to its study. Turning to it, the authors of the article seek to substantiate the appropriate theoretical and methodological approaches to its study. The original author's idea is based on the fact that personal non-property rights and obligations in family law do not arise either from parents or other family members "on their own". The grounds for this are named only by the law, establishing for this purpose the rules for recognition by parents. The current legislation of Russia and Kazakhstan does not provide for other grounds, except for the recognition of persons as parents by law, for establishing legal rights and obligations in relation to a child. Scientific attempts to legally impose legal rights and obligations on the stepfather are not consistent with this legislative maxim and contradict it. This author's judgment serves as a methodological guideline for future research on personal non-property relations between a stepfather and stepson, prejudging the involvement of other legal tools in its scientific description, which is based on dispositive regulation. Such are conciliatory and voluntary acts with the participation of the stepfather and the legal parents of the child, whose personal non-property rights and obligations in relation to the child do not cease after the breakup of their marriage. This approach does not eliminate the relationship between the stepfather and stepson of the non-resident parent from the study and does not raise the problem of the competition of the rights of these persons in relations with the child.