ON THE QUESTION OF THE PRINCIPLES OF FAMILY LAW
The article examines the provisions of the Family Code of the Russian Federation on the principles of family law, the opinions of scientists on the legal content of the principles and basic concepts of family law. Attention is paid to the proposals of scientists to supplement the principles of famil...
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| Language: | English |
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LLC «MIAS Expert»
2023-03-01
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| Series: | Legal Bulletin |
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| Online Access: | https://en.legalbulletin.ru/data/documents/LB2023no1_3.pdf |
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| author | NESMEIANOVA I.A. |
| author_facet | NESMEIANOVA I.A. |
| author_sort | NESMEIANOVA I.A. |
| collection | DOAJ |
| description | The article examines the provisions of the Family Code of the Russian Federation on the principles of family law, the opinions of scientists on the legal content of the principles and basic concepts of family law. Attention is paid to the proposals of scientists to supplement the principles of family law, proposals are given to expand the principles of family law. The relevance of the problem. Family is the most important component of every person’s life, for many it is the meaning of life, support, support and inspiration for growth, development and achievement of the goals that each person sets for himself. The family is a value of constitutional significance, since it is a universal, inalienable and inalienable good that is protected by the State. Recognizing the confidential nature of relationships in the family, the State establishes only general principles for regulating legal relations related to the family, as well as the protection of the rights and legitimate interests of individual family members belonging to certain social groups. However, being not only a legal, but also a social state, it pays great attention to the development and improvement of legislation in the family sphere, including the expansion and modification of the principles of family law. Currently, the process of preparing a Concept for improving the legislation regulating the relations of children and parents is underway. It seems that other aspects of family legal relations may also be rethought. Considering that it is the principles that will serve as the basis for both existing and future legal relations related to the family and its members, it seems appropriate to show not only the development of the principles of family law by scientists and specialists, but also to propose principles that characterize a modern family with consolidated interests, but with personal freedom and equal rights of its members. The main goal. The main purpose of the article is to consider certain issues of a publiclegal and private-legal nature, proving the expediency of changing fundamental provisions in family legislation aimed at regulating family legal relations. The article also outlines the fundamental principles of family law, which are the basis for the relationship of subjects of family law and the foundation for the emergence of new foundations of family law. The problems under consideration. The article considers the issue of mixing in the Family Code of the Russian Federation the principles of family law, which can really be called the basic principles of family legislation and principles-ideas that are exclusively declarative, respectively, non-compliance with them cannot entail the responsibility of the violator. The methods used. In addition to general scientific methods, special research methods such as the comparative legal method and the formal legal method were used in the preparation of the article.
Conclusions. The article provides a brief analysis of the principles of family law, the opinions of scientists and their suggestions on the classification of the principles of family law, it is proposed to consolidate the principle of family secrecy in the Family Code of the Russian Federation, such principles of family law as the principle of freedom in family relations, the principles of family unity, family cooperation, family equality, the relevance of which is presumed in in modern society and is implemented in civil, housing and other legal relations.
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| format | Article |
| id | doaj-art-1560f0637c6a4557ad299d83e1de2eef |
| institution | DOAJ |
| issn | 2658-5448 |
| language | English |
| publishDate | 2023-03-01 |
| publisher | LLC «MIAS Expert» |
| record_format | Article |
| series | Legal Bulletin |
| spelling | doaj-art-1560f0637c6a4557ad299d83e1de2eef2025-08-20T03:03:46ZengLLC «MIAS Expert»Legal Bulletin2658-54482023-03-01813239https://doi.org/10.5281/zenodo.11189707ON THE QUESTION OF THE PRINCIPLES OF FAMILY LAWNESMEIANOVA I.A.0 Financial University under the Government of the Russian FederationThe article examines the provisions of the Family Code of the Russian Federation on the principles of family law, the opinions of scientists on the legal content of the principles and basic concepts of family law. Attention is paid to the proposals of scientists to supplement the principles of family law, proposals are given to expand the principles of family law. The relevance of the problem. Family is the most important component of every person’s life, for many it is the meaning of life, support, support and inspiration for growth, development and achievement of the goals that each person sets for himself. The family is a value of constitutional significance, since it is a universal, inalienable and inalienable good that is protected by the State. Recognizing the confidential nature of relationships in the family, the State establishes only general principles for regulating legal relations related to the family, as well as the protection of the rights and legitimate interests of individual family members belonging to certain social groups. However, being not only a legal, but also a social state, it pays great attention to the development and improvement of legislation in the family sphere, including the expansion and modification of the principles of family law. Currently, the process of preparing a Concept for improving the legislation regulating the relations of children and parents is underway. It seems that other aspects of family legal relations may also be rethought. Considering that it is the principles that will serve as the basis for both existing and future legal relations related to the family and its members, it seems appropriate to show not only the development of the principles of family law by scientists and specialists, but also to propose principles that characterize a modern family with consolidated interests, but with personal freedom and equal rights of its members. The main goal. The main purpose of the article is to consider certain issues of a publiclegal and private-legal nature, proving the expediency of changing fundamental provisions in family legislation aimed at regulating family legal relations. The article also outlines the fundamental principles of family law, which are the basis for the relationship of subjects of family law and the foundation for the emergence of new foundations of family law. The problems under consideration. The article considers the issue of mixing in the Family Code of the Russian Federation the principles of family law, which can really be called the basic principles of family legislation and principles-ideas that are exclusively declarative, respectively, non-compliance with them cannot entail the responsibility of the violator. The methods used. In addition to general scientific methods, special research methods such as the comparative legal method and the formal legal method were used in the preparation of the article. Conclusions. The article provides a brief analysis of the principles of family law, the opinions of scientists and their suggestions on the classification of the principles of family law, it is proposed to consolidate the principle of family secrecy in the Family Code of the Russian Federation, such principles of family law as the principle of freedom in family relations, the principles of family unity, family cooperation, family equality, the relevance of which is presumed in in modern society and is implemented in civil, housing and other legal relations. https://en.legalbulletin.ru/data/documents/LB2023no1_3.pdfimprovement of legislationprinciples of family lawlegal content of principlesclassification of principles |
| spellingShingle | NESMEIANOVA I.A. ON THE QUESTION OF THE PRINCIPLES OF FAMILY LAW Legal Bulletin improvement of legislation principles of family law legal content of principles classification of principles |
| title | ON THE QUESTION OF THE PRINCIPLES OF FAMILY LAW |
| title_full | ON THE QUESTION OF THE PRINCIPLES OF FAMILY LAW |
| title_fullStr | ON THE QUESTION OF THE PRINCIPLES OF FAMILY LAW |
| title_full_unstemmed | ON THE QUESTION OF THE PRINCIPLES OF FAMILY LAW |
| title_short | ON THE QUESTION OF THE PRINCIPLES OF FAMILY LAW |
| title_sort | on the question of the principles of family law |
| topic | improvement of legislation principles of family law legal content of principles classification of principles |
| url | https://en.legalbulletin.ru/data/documents/LB2023no1_3.pdf |
| work_keys_str_mv | AT nesmeianovaia onthequestionoftheprinciplesoffamilylaw |