The problem of determining the place of family law in the legal system

Abstract

The article is devoted to the category of the problem of determining the place of family law in the legal system of Ukraine. The question of determining the place of family law in the legal system is debatable. There are two main points of view on this issue. According to the first of them, family law is considered as an integral part of civil law, its sub-branch, according to the second family law - is an independent branch of law, separate from civil law. The essence of the discussion is to recognize the existence of family law specific subject and method of legal regulation, do not coincide with the subject and method of civil law, or to identify subjects and methods of family law and civil law and, accordingly, to consider family law as a branch of civil law.
 Today, the above questions can be asked in two aspects: in retrospect, in terms of the concepts of family law that have existed in science at different times, and in terms of the modern vision of the problem.
 Today, the intensity of the discussion has decreased due to the revision of basic concepts of law. Restoration of the division of the right into private and public has become not just a tribute to fashion, but a natural and necessary step in the development of Ukrainian legal thought.
 Public law is considered as a set of rules, the subject of regulation of which is the sphere of public (state) interests. The relations that arise here are based on the principles of subordination.
 Private law, on the contrary, is a set of rules, the subject of regulation of which is the sphere of private, individual interests of the person1. Such relations are based on the coordination of the purpose and interests of their participants, who in the process of interaction satisfy first of all their private interests.
 Family law is closely linked to other areas of law, including civil law on property rights and inheritance; Like housing rights, people who are eligible for housing also live in a family, although the definition of an agency has certain departmental characteristics.
 Family law is characterized by the presence of many rules that contain positive obligations. They are primarily addressed to adult family members and relatives - parents, adoptive parents, guardians and trustees. Positive commitments seem to motivate participants in family relationships to positive actions, stimulate their lawful behavior. Yes, parents are obliged to support the child until he or she reaches the age of majority; guardian, trustee is obliged to raise the child, take care of his health, physical, mental, spiritual development, to ensure that the child receives a full general secondary education.