Классификация принципов семейного права России

Abstract

Based on the positivist legal thinking, the classification of the principles of family law is analyzed: 1) according to the source of the normative consolidation of the principles of family law; 2) in the field of legal regulation. Within the framework of the first classification, three groups of principles of family law are distinguished and characterized: 1) constitutional principles of family law, duplicated and (or) specified in the Family Code of the Russian Federation (three principles); 2) constitutional principles of family law, not duplicated in the Family Code of the Russian Federation (thirteen principles); 3) sectoral principles of family law, reflected only in the Family Code of the Russian Federation (seven principles). Within the framework of the second classification, general legal principles that are valid in the field of family law (eleven principles), intersectoral principles of family law (two principles) and specific sectoral principles of family law (ten principles) are distinguished and characterized. It is substantiated that some provisions of Part 1 of Article 1 of the Family Code of the Russian Federation (building family relations based on feelings of mutual love and respect, mutual assistance and responsibility to the family of all its members) are not principles of law, but represent a special way of fixing certain guidelines in family relations, family values, which in turn are based on the norms of morality and ethics.