семья
Family law principles |
The review provides an overview of the main conclusions and arguments given in the monograph by A. Ya. Ryzhenkov. The classification of the principles of family law and the mechanism of their implementation is highly appreciated. It is noted that the doctrinal principles of family law proposed by the author may be of interest to the legislator when expanding the list of principles – the main ideas of family law in the future. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 4 |
Child’s Rights on Family Care |
The family institution is a complex social phenomenon, which experienced the terminological and structural transformation. In modern society the requirements increase to the quality of childcare and parents are imposed more obligations towards them. The right of the child on family care is an essential right of the child because the family care plays an important role in the physical and emotional development of children. The state should support and strengthen the family, create conditions for a child’s upbringing in the family, and promote family values. Theoretical analysis. In the article the family care is viewed from different perspectives; also a deep analysis of its legal interpretation is made. In addition to that, the constitutional provisions and rules of family law, as well as a new law «On Education in the Russian Federation», which is based on the principles of family care are interpreted. The right of the child on family care is represented as a complex subjective right, including authority to know their parents and live with them, the right to be cared by biological parents, the right on health and physical development, the right on financial support and well-being. Results. The result of the article is a proposal to improve the legislation of the Russian Federation on the issue of childcare in the following areas: the public control over the rights of children to live and grow up in a family; the adoption of the law on prevention from child abuse and neglect; the priority of family care for orphans and children left without parental care; the adoption of a new federal law on the rights of the child and bringing them into line with the current federal and regional Russian legislation. |
Izv. Sarat. Univ. Economics. Management. Law, 2013, vol. 13, iss. 3(2) |
On the doctrinal principles of family law (The case study of the principle of responsibility for violation of family law norms) |
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. |
Izv. Sarat. Univ. Economics. Management. Law, 2021, vol. 21, iss. 2 |