FAMILY LAW LIABILITY AS AN INDEPENDENT TYPE OF LEGAL LIABILITY

Author(s):  
Амала Алиевна Умарова

В статье поднимается вопрос о самостоятельности семейно-правовой ответственности. Анализируются позиции ученых по данному вопросу, соотношение понятий мер защиты и мер ответственности, выводится понятие семейно-правовой ответственности. The article discusses the issue of the independence of family law liability. It analyzes the position of scientists on this issue, the ratio of the concepts of protection measures and measures of responsibility. The concept of family law liability is framed.

SIASAT ◽  
2021 ◽  
Vol 6 (3) ◽  
pp. 126-136
Author(s):  
Vladimir Valentinovich Kozhevnikov

The general theoretical and sectoral aspects of the problem of the functions of legal responsibility are considered. The author proceeds from the fact that the main methodological mistake of supporters of the restorative function of legal responsibility is that they often identify measures of legal responsibility and protection measures.


Legal Concept ◽  
2021 ◽  
pp. 116-122
Author(s):  
Gulnara Dzhumagazieva

Introduction: the paper analyzes the institution of alimony obligations, namely, the protection of the legal rights and interests of the parties in the event of alimony relations between them. The purpose is to determine the essence and importance of alimony obligations and protect the rights of the parties to alimony legal relations under modern family law. In this regard, the author analyzes the concept and legal nature of alimony obligations in family law of the Russian Federation, and also considers the application of legal liability measures in alimony obligations. Using the methods of scientific knowledge, the author analyzed the legal nature of alimony obligations, as well as the application of legal liability measures in this area in order to identify the ways to improve the protection of the rights and interests of the parties in the field of alimony obligations. Results: the insufficient scientific development of a number of issues related to the characterization of alimony obligations and liability of persons who violate them negatively affects the understanding of the legal nature of such liability, reduces the efficiency of its application and serves as an obstacle to further improvement of the relevant section of the family legislation. Conclusions: the analysis of the legal consolidation and practical implementation of measures of responsibility for non-performance or improper performance of alimony obligations is an essential part of the science of family law. The applicable rules of liability are regulated by a whole set of legal acts of various branches of industry, and the differentiation of such measures is implemented in different ways in modern law.


SIASAT ◽  
2021 ◽  
Vol 6 (1) ◽  
pp. 9-20
Author(s):  
Vladimir Valentinovich Kozhevnikov

The subject of this article is the social relations regulated by the legal institution of material responsibility of workers and employees. The purpose of the article is the argumentation of the position according to which material liability does not have the status of legal liability. To achieve this goal, the following tasks were implemented: 1) the positions of the overwhelming number of supporters - theorists of law and scientists of labor law - were considered - recognition of material responsibility as one of the types of legal responsibility, along with criminal law, administrative law, etc., which is interpreted as compensation for harm caused to a worker or employee to an enterprise (organization, institution): 2) the views of scientists (Anatoly Borisovich Vengerov, Mikhail Mikhailovich Rassolov, Magomed Imranovich Abdulaev), who do not recognize material responsibility as a type of legal responsibility, have been analyzed; 3) analyzed approaches to understanding legal responsibility; 4) the author's position of understanding legal responsibility and its signs is given, focusing on such as the onset of negative consequences, imposing new additional duties on the offender; 5) the problem of correlation of legal liability measures and protection measures is considered. In conclusion, it is concluded that the identification of measures of legal responsibility and measures of protection have led, first, to an incorrect definition of civil liability, with which material liability is often compared; secondly, the controversial allocation of both the legal function of legal responsibility and material responsibility as a kind of legal responsibility, which, despite its consolidation in labor legislation, in our opinion, in its essential and substantive characteristics refers to protection measures. The scientific article also emphasizes that the problem of distinguishing between legal liability and protection measures is extremely important for law enforcement entities, who must adequately understand what measures of state-legal coercion they apply, which thereby realize their goals. At the same time, they should keep in mind that in practice the named types of state legal coercion are often applied simultaneously (for example, a civil suit in criminal proceedings).    


Author(s):  
Anatoly J. Ryzhenkov ◽  

Introduction. The article proposes supplementing the system of principles of family law with a new doctrinal principle – the principle of responsibility for violations of family law. Theoretical analysis. The article explores scientific ideas about the system of principles of family law, the features of family legal responsibility, the relationship of protection measures and liability measures in family law. Result. The article concludes that only the sanctions of the moral nature should be attributed to the family-legal sanctions. Property sanctions (compensation for non-pecuniary damage, disinheritance, recovery of losses) are of a civil nature, although they reflect the specifics of family relations. In addition to specific sanctions, the essence of family law liability lies in the special composition of the subjects of these sanctions, as well as the special procedures under which they are subject to application.


2019 ◽  
Author(s):  
Dörthe Engelcke
Keyword(s):  

PsycCRITIQUES ◽  
2007 ◽  
Vol 52 (18) ◽  
Author(s):  
Sally E. Thigpen
Keyword(s):  

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