scholarly journals Family Law in the Context of a New Social Reality Formation: Doctrinal Principles of Law Enforcement

Lex Russica ◽  
2021 ◽  
pp. 124-133
Author(s):  
D. S. Ksenofontova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Family Law ◽  
Family Relations ◽  
Social Reality ◽  
Legal Regulation ◽  
Traditional Family ◽  
Judicial Practice ◽  
The Family ◽  
Fair Balance

Improving the legal regulation of family relations involves the search and implementation of new social, organizational, legal and other measures to support the functioning of the traditional institution of the family. At the same time, family legislation does not always take into account modern trends in the life of society, which to a certain extent hinders the exercise and protection of family rights, as well as ensuring a fair balance of interests of participants in family and other relationships. In this sense, in some cases, higher courts react most effectively, taking into account even minor changes in social reality in a timely manner.The transformation of the family law in the context of changing social reality is based on two conceptual principles: firstly, the preservation of traditional family values of Russian society and, as a consequence, the reflection of such at the legislative level and in judicial practice, and secondly, legislative and law enforcement response to the latest social practices. These principles of transformation of family law complement each other, allowing us to take into account the public demands of various social groups.The main directions of the modern transformation of family law, reflected in judicial practice, include the following. First, the expansion of the sphere of family law regulation of public relations is due to the complexity of the system of social relations. Second, it is the expansion of the system of intersectoral relations of family law, caused by the complexity of the legal regulation of public relations in general. Its consequences are a shift in emphasis in ensuring a fair balance of interests of participants in family and other legal relations, the strengthening of civil law principles in the regulation of family relations, giving traditional family law institutions new optional properties and purpose, including the penetration of public legal goals in the private legal field of family life. Third, it is to ensure gender balance in family relations at the law enforcement level.

scholarly journals SPECIFICS OF THE TREATMENT OF MARITAL AND FAMILY RELATIONS IN PAROLE: LEGISLATIVE IMPROVEMENT

2020 ◽  
Vol 36 (4) ◽  
pp. 138-142
Author(s):  
A.V. Sokolova ◽  
Keyword(s):  
Law Enforcement ◽  
Family Relations ◽  
Legal Regulation ◽  
Criminal Code ◽  
Marriage And Family ◽  
Elderly Parents ◽  
Judicial Practice ◽  
The Family ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to considering the specifics of taking into account marriage and family relations when considering the advisability of applying the institution of parole from serving a sentence in domestic and foreign criminal law. The article analyses the norms of foreign legislation governing issues of parole from serving a sentence, as well as a study of domestic criminal legislation and law enforcement practice on issues of parole. This analysis concluded that there are certain problems in the legal regulation of parole from serving a sentence, and judicial practice often demonstrates different approaches to solving tasks. In addition, the analysis made it possible for the author to argue that the courts practically do not impose obligations on the convicted person related to his marital and family relations. The author proposed changes to Part 2 of Art. 79 of the Criminal Code, according to which the courts, when applying parole, will be required to impose obligations on the convicted person. Among such duties, the author refers to the fulfillment of parental duties, obligations to care for elderly parents, as well as the obligation to provide material assistance to the family, to participate in the upbringing of a young child or to provide assistance (both material and other) to elderly parents if the convict does not take part in the life of loved ones.

scholarly journals Tendencies of the Contractual Regulation of Family Property Relations between Spouses with due regard to the Development of Legislation and Judicial Practice

Lex Russica ◽  
2021 ◽  
pp. 63-73
Author(s):  
S. Yu. Chashkova
Keyword(s):  
Law Enforcement ◽  
Common Property ◽  
Family Law ◽  
Legal Regulation ◽  
Property Relations ◽  
Positive Law ◽  
Judicial Practice ◽  
The Family ◽  
Contractual Relations ◽  
Law Regulation

The author makes an attempt to determine tendencies for the development of the legal regulation of property relations between spouses based on the approved amendments and expected changes in the legal regulation, established jurisprudence and with due regard to the goals of family law regulation and models of contractual regulation of property relations between spouses enshrined in positive law. The paper considers in detail the following trends: enforcement and development of provisions concerning contractual regulation of property relations between spouses and their common property, law enforcement and development provisions concerning contractual regulation of the property relations between spouses for the provision of mutual maintenance.The author comes to the following conclusions. Firstly, the family law regulation of contractual relations concerning the common property of spouses and law enforcement as a whole comply with the goals of the family law regulation. Secondly, civil law regulation and law enforcement in terms of contractual property relations between spouses strengthen the "pro-creditor" approach and limit contractual freedom of spouses. Thirdly, the prospects for regulating the legal and contractual regime (with the stronger "pro-creditor" approach) may result in changes in the systemic interpretation and law enforcement of provisions concerning the contractual regulation of spousal property and they can contradict the goals of family law. Fourthly, the regulation of contractual relations between spouses concerning maintenance shows sufficient stability and general conformity with the goals of family law regulation, but does not exclude the search for options to expand its limits through the rules of the Family Code of the Russian Federation, while the practice of applying these provisions indicates a "pro-creditor" approach and non-compliance with the goals of family law regulation.

scholarly journals Family and Its Place in the Structure of Civil Relationships

2018 ◽  
Vol 50 ◽  
pp. 01238
Author(s):  
Khurshed Nasirov
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Cultural Issues ◽  
Specific Nature ◽  
Social Unit ◽  
Independent Family ◽  
The Family

The author studies the place of the family in the structure of family relations. The correlation between civil law and family law in Soviet, Russian and Tajik legal science is considered. According to the author, the family is a social unit of society with the help of which people seek to solve demographic, economic and cultural issues. It is stated that the family is an alliance of persons created on the marriage, kinship, birth and adoption of children, as well as their upbringing. Accordingly, such alliance leads to the development of certain personal non-property and property rights and obligations based not only on mutual interests and concerns, but primarily on the related ties. In this regard, it seems logical that the specific nature of these rights and obligations requires the use of special tools for legal regulation; the content of legal relations arising on their basis is considered to be independent family relations.

scholarly journals Specifics of Legal Regulation of Property Relations of Minor Family Members

2021 ◽  
Vol 2021 (2) ◽  
pp. 165-173
Author(s):  
Svetlana Voronina
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Property Relations ◽  
Parents And Children ◽  
The Family ◽  
Organizational Relations ◽  
Private And Public

he present research considered the property rights of minors by comparing civil and family legislation. The article covers various matters of separate ownership of parents and children, property management, and the behavior of parents, as well as sectoral and inter-sectoral legal relations as a whole based on family relations. The research was based on normative legal acts, scientific publications, and precedents. Family law regulates the property relations between parents and children regarding the maintenance and personal belongings. Any other property rights of minors fixed by the Family Code go beyond the limits of family law and are part of civil law. The basis of civil property relations of minors is the family relations. Therefore, they have to take into account social and legal relations between parents and children. A prerequisite for the emergence and implementation of property relations is the organizational relations that arise between the subjects of private and public law. Authorization by the guardianship authority ensures the protection of the property rights and interests of children. The regulation of property relations involving minors and their legal representatives is subject to inter-sectoral and inter-subject interaction, which must be taken into account when implementing the rights of minors and protecting them.

Alimony Obligations of Family Members in the Family Law of Ukraine: Problematic Issues of Theory and Practice

2020 ◽  
Vol 27 (3) ◽  
pp. 28-47
Author(s):  
Valentina Borisova ◽  
Larysa Krasytska
Keyword(s):  
Law Enforcement ◽  
Financial Aid ◽  
Family Law ◽  
Family Members ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Minimum Amount ◽  
Pension Income ◽  
The Family ◽  
Structural Parts

The relevance of the study of alimony obligations of family members in the family law of Ukraine is conditioned by both the latest approaches of the legislator to the regulation of alimony relations, and the problems of law enforcement practice in this area. The purpose of the study is to determine the features of alimony obligations of family members in the family law of Ukraine, to identify problems of legal regulation and enforcement of these obligations and to develop recommendations for their elimination. Methodologically, the study of alimony obligations of family members is divided into separate structural parts, which cover the general features of these obligations in the family law of Ukraine and the features of their individual types. The methodological basis for the study of alimony obligations of family members in the family law of Ukraine is developed at the philosophical, general scientific and special scientific levels. The study proves that the alimony obligations of family members are in essence family law monetary obligations that arise on the grounds specified by law or contract, are long-term and personal. It is proposed that one of the spouses be considered in need of financial aid if their monthly income (salary, pension, income from the use of their property, other income) is less than the minimum wage established by law. It is proposed to apply similar provisions to identify parents in need of financial aid in alimony obligations for the maintenance of disabled parents by adult children. It is argued that the change of the minimum amount of alimony to be collected from the alimony payer per child is not a basis for applying Article 192 of the Civil Code of Ukraine, but is a basis for changing the minimum amount of alimony specified in the writ of execution and alimony recovery, and is taken into account when determining the amount of alimony or alimony arrears. Other changes to the Family Code of Ukraine have been proposed to improve the procedure for collecting alimony for family members. The analysis of theoretical provisions of alimony obligations of family members and practical problems of law enforcement in this area and the development of proposals to improve family law is important for further research of family law obligations, will contribute to the development of an effective mechanism for exercising and remedy of the rights of parties in family legal relations and the establishment of the unity of judicial practice

scholarly journals Development of the doctrine of family law and it’s effect on the legislator and subjects law enforcement

2020 ◽  
pp. 245-250
Author(s):  
Vitalii Cherneha
Keyword(s):  
Law Enforcement ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Careful Consideration ◽  
Legal Consciousness ◽  
Legal Research ◽  
Application Study ◽  
Legal Policy ◽  
Scientific Institutions

The article highlights the development of the doctrine of family law and it’s effect on the legislator and subjects law enforcement.A digest of family legal research presented by Kyiv, Kharkiv, Western Ukrainian and Odessa family law scientifics schools was carriedout. It is stated that not only the digest of family legal research, but also careful consideration of each of them, gives grounds to statethat the set of scientifically sound provisions, family legal ideas and constructions developed by scientists of our state need to be implementedin acts of family legislation. It is substantiated that the doctrine of family law of Ukraine should take a significant place in theformation of family legal policy. It is stated that for the modernization of the doctrine of Ukrainian family law it is necessary to continuously:study family law through a prism of its history, traditions and modernity; deep knowledge of the current family legislationof our state and the practice of it’s application; study of progressive experience of countries near and far abroad in the field of legalregu lation of family relations. The effect of the doctrine of family law both at the level of lawmaking and at the level of law enforcementis characterized.At the level of lawmaking, the doctrine of family law affects, firstly, the development of draft laws on family law, as the normativedrafting activities should involve powerful scientific institutions represented by reputable experts in the field of family law. Acquisitionsof family law doctrine should also be applied when amending existing family legislation. Secondly, during the legal examinationof draft laws on family law. Third, the doctrine of family law has an effect on the legal consciousness of the legislator. At the level oflaw enforcement, the doctrine of family law reproduces the content of only the existing rules of family law, and does not create newrules. It is used when identifying gaps in family legal regulation, as well as when interpreting rules family law and individual acts.

scholarly journals On Imperfection of Family Laws of the Russian Federation

2020 ◽  
Vol 12 ◽  
pp. 10-16
Author(s):  
Irina S. Merzlyakova ◽  
Keyword(s):  
Russian Federation ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Legal Norms ◽  
The Family ◽  
Family Practices ◽  
Life Itself ◽  
The Russian Federation

The article is devoted to the substantiation of the need to improve the family legislation of the Russian Federation due to the lack of legal norms that clearly regulate modern forms and problems of marriage and family practices, as well as due to the contradictions existing in Russian family law. Life dynamics, a variety of life realities, value transformations are not “covered” by the current legal field: many conflict and controversial situations of modern marriage and family relations remain outside the legal regulation. This fact indicates the lag of law from life itself.

Family Law Trends in Ukraine

2021 ◽  
Vol 10 (1-2) ◽  
pp. 170-187
Author(s):  
Vyacheslav I. Truba ◽  
Lyudmila M. Tokarchuk ◽  
Stella Ye. Morozova
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Basic Principles ◽  
National Planning ◽  
Current State ◽  
The Family ◽  
Planning Development ◽  
Family Code ◽  
Careful Comparison

Abstract The paper provides the results of the analysis of the current state of legal regulation of family relations in Ukraine, and summarises the main problems of the legislation that establishes general principles of regulation of family relations. Particular attention is devoted to the research into the basic principles of family law, and how they are reflected in the Constitution of Ukraine and the Family Code of Ukraine. To assess the compliance of the Family Code of Ukraine with current societal developments, a careful comparison of its provisions with the principles developed by the Commission on European Family Law (cefl) is needed. The family legislation of Ukraine requires detailed monitoring, factoring in the provisions of a questionnaire developed by the Commission. There is a need to introduce a system of national planning, development and adoption by the Verkhovna Rada of Ukraine of the concept of national legal policy.

Family law

2021 ◽  
Author(s):  
Kirill Demichev ◽  
Oksana Gracheva ◽  
Vera Ilyuhina ◽  
Mihail Karpychev ◽  
Aleksandr Mihin ◽  
...  
Keyword(s):  
Higher Education ◽  
Law Enforcement ◽  
Family Law ◽  
Educational Institutions ◽  
Federal State ◽  
Educational Standard ◽  
Judicial Practice ◽  
Wide Range ◽  
The Family ◽  
State Educational

The textbook deals with the issues of the family law course, taking into account the current family, civil, civil procedure legislation and judicial practice. Prepared in accordance with the requirements of the Federal State Educational Standard of Higher Education of the latest generation in the areas of training 40.03.01 and 40.04.01 "Jurisprudence", in the specialties 40.05.01 "Legal support of national security" and 40.05.02 "Law enforcement". For students, postgraduates and teachers of law educational institutions of higher education and faculties, as well as a wide range of readers interested in family law.

scholarly journals THE REPRESENTATIVE ISSUES IN FAMILY AND LEGAL RELATIONS UNDER THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN

2021 ◽  
pp. 228-232
Author(s):  
Jumagul Anvarovna Dadaboeva
Keyword(s):  
Key Words ◽  
Scientific Literature ◽  
Social Economic ◽  
Family Law ◽  
Family Relations ◽  
Legal Reform ◽  
Legal Regulation ◽  
Legal Reforms ◽  
The Family ◽  
The Republic

The article analyzes the issues of representation in family law relations under the legislation of the Republic of Uzbekistan with the help of scientific literature and normative legal acts. The study also highlights the implementation of a number of social, economic and legal reforms in Uzbekistan aimed at further strengthening the family and creating a system of consistent legal regulation of family relations KEY WORDS: Republic of Uzbekistan, legislation, legal reform, family law, representation, law, family law.

Sign in / Sign up

Export Citation Format

Share Document