“Mutual Assistance” and “Assistance” as a Legal Category and a Principle for the Exercise of Family Rights

Abstract

Introduction. Traditionally mutual assistance and assistance was considered as moral and ethical categories. The study proposes a different vision of mutual assistance and assistance as legal categories, the principle of exercising family rights and fulfilling duties. Goals and Objectives of the Study: to identify the legal nature of mutual assistance and assistance in family legal relations, based on the work of specialists in various fields of law, examining regulatory legal acts of both international and domestic levels, in which the category of assistance, care, support, care, service, cooperation, in for the exercise of family rights; the ways of implementing the criterion-principle of mutual assistance and assistance in exercising family rights and fulfilling obligations have been identified. Methodological Basis: analysis and synthesis, induction and deduction, argumentation, generalization, historical, comparative legal analysis. Results: mutual assistance and assistance as legal categories and the principle of the implementation of family law are detailed in the norms of family law, are a detail of the principle of humanity (Article 5 of the RF IC), are interconnected with other principles of the exercise of family rights, differ in content from the principle of cooperation in civil law, the family-legal nature of guardianship carried out by family members is highlighted, a number of useful conclusions are drawn for the development of the science of family law and law enforcement. Conclusions: Proposals have been made for the development of Russian legislation in a direction conducive to the development of the institution of the family and its viability.