ALIMONY CLAIMS ACTUAL CAREGIVERS OF THE CHILD: PROCEDURAL FEATURES COURT PERMISSION
This article is devoted to theoretical research problems of interaction and correlation material-legal and procedural components in the structure of such a phenomenon as the actual upbringing of a child and the legal consequences that it entails. The “semilegal” regime of this type of relationship, associated with the legislative non-obviousness of their subjects, as well as the criteria for the occurrence of legal consequences of such education, introduces significant features to procedural relations. The authors make one of the few scientific attempts to investigate these features. The subject of theoretical analysis involves essential signs of relationships for the actual upbringing of a child and tools judicial knowledge of this category of cases: logic for the purpose of establishing the content reliability of the studied post-facts, reception reconstruction of past events in the relations of the disputing parties; judicial interpretation, judicial discretion, analogy of the law. In conclusion, the idea is put forward that the problem of proper child-rearing should not be covered by the problem of evaluative concepts. This problem is more of a methodological one, and its effective resolution should start not so much from a protective cross-section of the topic of childhood, where there is room for parental delinquency and the destructive notion of “inappropriate child-rearing” with its extreme cases of infringement of children’s rights and interests, but from a positive-regulative aspect.