Protection Of Family Rights Research Articles

Conceptual issues of the protection of family rights and legal interests in the context of appeal of decisions, actions or inactions of authorities that violate the rights and legal interests of the participants of family relations

The scientific article examines the peculiarities of judicial protection of family rights and interests in the context of challenging decisions, actions or inactions of subjects of authority that violate the rights and legitimate interests of participants in family relations. In particular, the author notes in the article that the main bodies authorized to make decisions regarding participants in family relationships are, in particular, guardianship and guardianship bodies (authorized to make binding decisions or to give consent for certain actions by participants in family relationships), the prosecutor (who has the right to take a decision on the immediate removal of a child), the body of state registration of civil status acts (which is authorized to carry out state registration of marriage, annulment of the act record of invalid marriage or act record of dissolution of marriage, dissolution of marriage, state registration of the birth of a child, making changes to the act record of the birth of a child or renewal of this act record), public or private executor in legal relations regarding the execution of court decisions adopted in family cases (including regarding the payment of child support). On the basis of the conducted scientific research, the author came to the conclusion that the decisions of guardianship and guardianship bodies adopted in accordance with Art. 19 of the Family Code of Ukraine, cannot be appealed in the order of administrative proceedings, since in this legal relationship the guardianship body does not act as a subject of authority; family legislation provides that the form of actual appeal of the decision of the guardianship and guardianship body is to appeal to the court with a claim containing the same claim with which the appeal to the guardianship and guardianship body took place. There is no practical sense in filing an administrative lawsuit to cancel the decision of the guardianship and care authority or the prosecutor regarding the immediate removal of the child, because in this case the immediate removal of the child is a temporary measure that takes place until the final decision on the removal of the child (or on the deprivation of parental rights) is made by the court in the case, at the request of the same body, which is obliged to submit it; the interested person can file the same claim. As for another form of activity of guardianship and guardianship bodies - to give consent for certain actions by participants in family relations, then such consent can become the subject of an appeal in the order of administrative proceedings, since in such a case the guardianship and guardianship body acts precisely as a subject of authority, further realization of the property right is impossible without the adoption of a corresponding decision by the body of guardianship and guardianship.

METHODS OF PROTECTION OF FAMILY RIGHTS AND INTERESTS APPLIED BY PROSECUTOR AUTHORITIES

METHODS OF PROTECTION OF FAMILY RIGHTS AND INTERESTS APPLIED BY PROSECUTOR AUTHORITIES

Family Law in the Context of a New Social Reality Formation: Doctrinal Principles of Law Enforcement

Improving the legal regulation of family relations involves the search and implementation of new social, organizational, legal and other measures to support the functioning of the traditional institution of the family. At the same time, family legislation does not always take into account modern trends in the life of society, which to a certain extent hinders the exercise and protection of family rights, as well as ensuring a fair balance of interests of participants in family and other relationships. In this sense, in some cases, higher courts react most effectively, taking into account even minor changes in social reality in a timely manner.The transformation of the family law in the context of changing social reality is based on two conceptual principles: firstly, the preservation of traditional family values of Russian society and, as a consequence, the reflection of such at the legislative level and in judicial practice, and secondly, legislative and law enforcement response to the latest social practices. These principles of transformation of family law complement each other, allowing us to take into account the public demands of various social groups.The main directions of the modern transformation of family law, reflected in judicial practice, include the following. First, the expansion of the sphere of family law regulation of public relations is due to the complexity of the system of social relations. Second, it is the expansion of the system of intersectoral relations of family law, caused by the complexity of the legal regulation of public relations in general. Its consequences are a shift in emphasis in ensuring a fair balance of interests of participants in family and other legal relations, the strengthening of civil law principles in the regulation of family relations, giving traditional family law institutions new optional properties and purpose, including the penetration of public legal goals in the private legal field of family life. Third, it is to ensure gender balance in family relations at the law enforcement level.

To the question of the peculiarities of the protection of family rights of persons who are married or other family unions in the practice of the european court of human rights

In the scientific article the author conducted a scientific study of the protection of family rights of persons who are married or other family unions in the case law of the European Court of Human Rights, in particular such family unions as de facto marriage, separation, civil partnership, we come to the following conclusions.
 This legal status is recognized by the European Court of Human Rights as conferring the right to protection against interference with family life, ie it is a family, similar to how a family arises as a result of a registered marriage. In this case, according to the court, the concept of "family" includes the actual family relationship, when the parties live together outside of marriage. A child born as a result of such a relationship is a member of the family from birth and due to the fact of birth. There is a connection between a child and his or her parents that is equivalent to family life, even if at the time of his or her birth the parents no longer lived together or their relationship has ended. Cohabitation is usually a prerequisite for family life, but in exceptional cases, other factors may indicate that specific relationships are stable enough to be considered as actual family ties.
 Another type of family union - marriage during the period of separate residence of the spouses, in the case law of the European Court of Human Rights is somewhat weak and usually concerns the possibility to use the procedure of separation, but the court recognizes that the spouses have an inalienable right to initiating such a procedure.
 Until 2010, the European Court of Human Rights generally showed a rather restrained attitude towards this type of relationship as same-sex, not recognizing them as family, but after 2010, given the rapid liberalization of the prevailing public morality regarding same-sex relations in Europe, the European Court on human rights could not deny that the relationship of such couples is essentially "family life".

Forms of protection of interests in family law

Purpose. The purpose of the study is to determine the forms of protection of interests in family law. It is also necessary to disclose the features of forms of protection of interests in family law, and consideration of jurisdictional and non-jurisdictional forms of their protection. Methodology. Among the philosophical, general and special scientific methods used such as is the technical and legal method, which is used in the study of methods and forms of protection of interests in family law. Scientific novelty is that the article states that under the form of protection of interests in Family law should be understood as an internally agreed set of family law-based organizational and other measures carried out within a single type of procedures, agreed on a common goal, aimed at preventing, terminating violations and restoring them, by a special jurisdiction The study further developed the provision that the list of ways to protect family interests should go beyond the Family Code, be open, which determines the possibility of their protection in other ways not prohibited by law. Under the jurisdictional form of protection of interests in family law means e activity of the bodies authorized by the state on protection of family rights and interests of participants of family relations. The bodies that provide such protection include: the court, guardianship authorities, notary and prosecutor. The universality of the judicial form of protection of interests in family law is substantiated. At the same time, an approach has been adopted, according to which not only the violated interest is subject to protection, but also such an interest, which has not been violated at the time of protection in order to prevent violation. A non-jurisdictional form of protection of family interests is a factual action that a subject of family law commits to protect his or her own interest or the interest of another person without recourse to the relevant jurisdictions. Results. The author singles out two ways of exercising the right to self-defense of interest in family law: 1) self-defense of one's interest; 2) self-defense of another person's interest. The article proves the effectiveness of mediation as a jurisdictional form of protection of family interests. Practical significance. The results of the study can be used in lawmaking to improve legislation in the field of legal regulation of the category of interest; in the educational process - in the development of textbooks, teaching materials on the subject "Family Law of Ukraine".

Protection of Family Rights of a Person by a Court

Dutko A. Protection of Family Rights of a Person by a Court / Alyona Dutko // Societas et iurisprudentia. - 2020. - Vol. 8. - No. 4. - Pp. 36-50.

Judicial Protection of the Rights of Subjects of the Marriage Union

The article analyzes one of the main forms of protection of family rights in the Russian Federation, expressed mainly in the judicial protection of family entities. A stable tradition has developed in Russian legislation, according to which the procedural procedure for the examination of family cases, as well as many other categories of cases, is regulated in both civil procedural and family laws; however, the legislator clearly delimits the circle of subjects of a marriage. Therefore, particular attention should be paid to these aspects.

Some Aspects of the Court Protection of Family Rights and Interests

The scientific article is devoted to some aspects of judicial protection of family rights and interests. At the present stage of development of society, one of the priority areas of public policy in Ukraine is the protection of family rights and interests. Achieving this goal is ensured through various legal means, among which a special place is occupied by judicial protection. In connection with the duplication of the list of methods of judicial protection in family and civil legislation of Ukraine, one of the problems that attracts attention is the ratio of methods of civil and family protection, as well as clarifying the possibility of applying civil legislation to regulate family relations. Therefore, the purpose of this scientific article is to analyse the problematic aspects of family law and civil law regulation of judicial protection of family rights and interests. As a result of the study, it is substantiated that the only mandatory prerequisite for establishing a legal relation by a court decision is the prior establishment by a court of a relevant legal fact as a basis for the emergence, change or termination of the legal relationship. In view of this, the court, except for cases of adoption, as well as the establishment of a separate residence on the application of spouses, protects family rights and interests in a separate proceeding not by establishing a legal relationship, but by confirming the presence or absence of legal facts, which are the basis for its occurrence, change or termination. It is established that the legislator's regulation of such special methods of judicial protection of family rights and interests as establishing a legal relationship and its annulment is due to the special legal nature of family legal relations, which does not exclude the possibility of “subsidiary application” to protect the rights and interests of their subjects using civil protection methods (recognition of the right and invalidation of a transaction).

Jurisdictional Form of Protection of Family Rights and Interests

The article defines that the protection of family rights and legally protected interests is one of the most important guarantees of the existence of these rights and interests. It should be mentioned the rights and interests in any field of public life are not always carried out unchecked. The protection of subjective rights is exercised in the manner prescribed by law, that is, by the application of an appropriate form. The form of protection refers to a set of internally agreed organizational measures to protect subjective rights and legally protected interests. It has been proven that in the theory of law there are different approaches of scientists to highlight forms of protection of family rights. We are inclined to the point of view of existence, jurisdictional and non-jurisdictional forms of protection. It is proposed to highlight judicial and non-judicial forms of protection within the framework of the jurisdictional form of protection of family rights and interests. The essence of judicial protection is disclosed as the possibility of a person to apply for the protection of his or her violated, challenged or unrecognized family rights in court. In turn, by non-judicial form of protection, the author understands the possibility for a person to turn to competent authorities other than the court to defend his family rights. In case of non-judicial protection of family rights and interests, subjects apply to such institutions as guardianship and guardianship bodies, notaries, prosecutors, lawyers, etc. Within the framework of the article, it has been proved that the decision of the guardianship and guardianship authority is usually of a advisory nature. Notary bodies play an important role in the contractual regulation of legal relations between participants of family legal relations, namely in the conclusion of family legal contracts. Family law gives certain powers to the public prosecutor to protect family rights. In turn, the lawyer has a partial role in the protection of family rights. It is justified that the institution of mediation deserves attention in the study of the protection of family rights and interests.

Family Justice in Poland: An Outline of the Problem Situation and the Optimum Reform Direction

The paper discusses the development and functioning of the family justice system in Poland and the necessary legislative amendments in this area. At the outset, the author describes the most efficient mechanisms for the protection of family rights, pointing to judicial protection as the most appropriate option as compared to administrative law measures. Next, the discussion moves on to the origins and evolution of legislative measures that created the family justice system. At this point, legal changes that undermine the original structural concept of family justice are noted. An outline of proposals for family justice reform, made by the community of family judges, is also presented. The findings presented in the paper serve as a basis both for the identification of the key areas in need of legislative amendments and for the definition of a framework for reform proposals.

Godność i wartość rodziny na straży należnych jej praw

W tekście zwrócona została w sposób szczególny uwaga na kluczowy charakter refleksji społecznej dotyczącej ochrony praw człowieka. Artykuł przedstawia w sposób szczególny unormowania międzynarodowe gwarantujące ochronę praw rodziny. Analizuje znaczenie „godności” i „wartości” rodziny jako przesłanek generalnych stosowanych w interpretacji praw przynależnych rodzinie. Autor ponadto zdecydował się w sposób obszerny odnieść do nadal niedocenianego w debacie publicznej dokumentu Karty Praw Rodziny.

Protection of family rights of the child and protection of his childhood

Protection of family rights of the child and protection of his childhood

Family Law in the Legal Training System

The article substantiates the positive nature of amendments made to the Federal State Educational Standard of Higher Education in the field of training 40.03.01 “Jurisprudence” (bachelor’s level) in terms of referring “Family Law” to the subjects of the base part. Based on the analysis of existing approaches to the teaching of the discipline “Family Law” in the leading educational institutions of the country, certain conclusions about its structure, content and features of implementation in the system of training of lawyers are formulated. Attention is drawn to the high importance of the General Part in the structure of the curriculum. Emphasis is placed on the need to study the history of Family Law, the theory of implementation and protection of family rights, as well as issues of family legal responsibility. In modern conditions importance is also attached to the issues of cross-border existence of family relations. Specific recommendations concerning the organization and content of classroom training and independent work of students are offered. The influence of the study of Family Law on the formation of knowledge, skills and abilities of the future lawyer is estimated.

Legal Assistance in the Implementation and Protection of Family Rights in the Republic of Belarus

Legal Assistance in the Implementation and Protection of Family Rights in the Republic of Belarus

The Development of Russian Legislation Relating to the Protection of the Rights of Separated Parents and Their Children

The following article deals with the challenges created by legal regulations concerning divorced or separated couples and focuses on the rights of separated parents with children. The article analyzes the problems associated with law enforcement practices in this area, the gaps in existing family law, as well as the disputed aspects of theory concerning parents ’ legal relations. Suggestions for legislative developments in Russia concerning the protection of family rights within separated families are given. The authors of this paper argue for a rethink of existing approaches to legal regulations in this field of law due to the fact that existing family legislation does not take into consideration many of the challenges and realities of modern parenthood. Furthermore, current legal regulations in Russia do not fully correspond to international legal norms. The authors contend that this will lead to the curtailment of the legal rights of the separated parents. Such status is characterized, on the one hand, by unreasonable restrictions on parental rights. On the other hand, it permits only a limited degree of responsibility for a child’s upbringing and financial support on the part of a parent living separately from their child. The authors propose that, in this respect, it is necessary to rethink disputed legal decisions relating to family law and the implementation of family law in practice. By analyzing such implementation, the authors single out a number of interrelated factors that must be overcome in order to effectively protect separated parents’ relationships with their children. The aim of the article is to initiate a new approach to parental legal relations after divorce or separation and to propose new legislative regulations concerning the legal status of a parent who lives separately from their child. New developments in family law are proposed in order to ensure a balance between parental responsibilities and rights as well as the rights of the child.

SOME CHALLENGES OF PROTECTION OF FAMILY RIGHTS AND MAIN PROBLEMS LEGAL RELATIONSHIP BETWEEN PARENTS AND CHILDREN

This article investigates the difficult moments of realization and protection of family rights in Russian and foreign practice. The aim of the article is the analysis of complex and controversial issues arising from the implementation point of successful implementation and protection of family rights in Russian and foreign practice. AB-torus also describes the main problems of relationships between parents and children. The article shows that the regulation of these relations at the present stage of development of family law is constantly strengthening its existing published and law enforcement practice of the Supreme Court of Russian Federation, and the resolution in the practice of other courts. At the same time, the author emphasizes the need for a comprehensive analysis of the issues of parental rights at the present stage of development of family law, need to rethink many of the provisions of a sectoral approach in its understanding, as well as the insufficient degree of elaboration of the problem indicate that its relevance.