Place of judicial protection in the system of forms of protection of family rights and interests

Abstract

In the scientific article, the author conducted a scientific study of the place of judicial protection of family rights and interests in the system of forms of protection of relevant rights and interests. The author determined in the scientific article that the protection of family law or interest is the activity of the body, authorized to carry out the restoration of the violated or recognition of the disputed family right and interest of the participant of family relations, which is manifested in the application of protective measures to the participants of family relations, with the help of which the corresponding right or interest is renewed (recognized) - the so-called methods of protection; the form of protection is distinguished as the activity of the corresponding jurisdictional body, aimed at protecting the violated right, which has its own specificity, caused by the presence of a separate protection procedure, a special subject composition and special methods of protection that can be applied. In the family legal doctrine has developed several approaches to the classification of forms of protection of family rights and the interests of participants in family relations, which is manifested in the allocation of jurisdictional and non-jurisdictional forms of protection, judicial and administrative forms of protection, as well as the allocation of forms of protection depending on the body, which provides appropriate protection along with self-defense. The author determined that in the family legal doctrine, the allocation of judicial protection as a separate type of jurisdictional form of protection of family rights and interests prevails along with other types, the list of which may vary depending on whether the possibility of exercising jurisdictional protection of family rights and interests is recognized only by state bodies, or by local self-government bodies, as well as by entities authorized to perform legally significant actions on behalf of the state (lawyers, notaries, mediator, etc.). Based on the conducted research, the author came to the conclusion that that judicial protection is a universal form of protection of family rights and interests, which is characterized by the fact that it is carried out by a special state body - the court; takes place in the form prescribed by the civil procedural law by passing a court decision, which is final and has universal binding force, can be performed with the possibility of state coercion; can be implemented if the person who owns the right or interest, which is the object of protection, applied to the court with the corresponding demand using the appropriate procedural form within the limitation period; has exclusive competence on the most important issues of family relations; along with the national level of judicial protection, there is also an international one.