Family law mechanism for protection of legal expectations of family members

Abstract

The article considers the concept of "legitimate expectations" and explains the elements of the family law mechanism for protecting the legitimate expectations of family members. The national legal literature on the use of the term "legitimate expectations" is analyzed and various translations and understandings are established. It is justified that it is more appropriate to use the term "legitimate expectations", as legitimate expectations can be interpreted to a limited extent and only to the extent provided by law. It is proposed to consider the guarantee of legitimate expectations as a principle which is part of the rule of law and which, in principle, relates to the principles of legal certainty, equality, fairness and good faith..
 In our opinion, a guarantee of legitimate expectations is a principle that is part of the rule of law and, in principle, is connected with the principles of legal definition, equality, justice and fairness.
 The EU has repeatedly interpreted the concept of "legitimate expectations." In accordance with paragraphs 21 and 24 of a court decision in the case of Fedorenko against Ukraine, the right of ownership may be "existing property" or funds, including the requirements for which the plaintiff can justify them with at least "intelligent expectations" of the possibility of an effective right to right [7].
 The understanding of legitimate expectations in the practice of the ECHR and the application of this concept of courts of Ukraine is investigated. The system of norms in the Family Code of Ukraine, aimed at protecting lawful expectations for the implementation of personal non-property and property rights by family members and other participants in family relations are revealed. It is established that legitimate expectations are not right, and is not interest. Interest is motivated to the emergence of law and lawful expectations, and legitimate expectations will precede the origin of the right and may arise in the course of the exercise of law as expecting a certain legitimate result. Family-legal mechanism for the protection of legitimate expectations of participants in family relations includes both institutional and legal elements. An analysis of the norms of the SC of Ukraine showed sufficient tools to protect and protect most lawful expectations of participants in family relations. At the same time, the priority of the lawful expectations of one participants in family relations (for example, a child), on the rightful expectations of other participants in such relations (for example, parents of the child)