Features Protecting Rights in the Sphere of Family Relations: Status and Prospects
( Pp. 76-82)
More about authors
Letova Natalie V.
Dr. Sci. (Law); chief researcher, Procedural Law Sector
Institute of State and Law of the Russian Academy of Sciences
Moscow, Russian Federation
Institute of State and Law of the Russian Academy of Sciences
Moscow, Russian Federation
Abstract:
The purpose of writing this article was the absence in family law of a section on the responsibilities of minors in family legal relations, despite the fact that the main principles of family law proclaimed in Article 1 of the Family Code of the Russian Federation, namely: building relationships in the family on “mutual assistance and responsibility to the family of all its members” do not indicate children as subjects deprived of any responsibilities to other family members. Currently, in family law, the rights and interests of minor children have absolute priority; it is believed that family responsibilities can arise only after children reach adulthood. Meanwhile, in other areas of law, the legislator takes a different position, assigning minors certain responsibilities that are feasible for their age and consciousness and provides for adequate responsibility. The article presents legislative norms on the responsibilities of children, considers the opinions of scientists on the duties and responsibilities of children, and proposes a classification of the responsibilities of minors. Based on the articles of specialists, a conclusion was made about the possibility of fixing the responsibilities of children and other family members in the family constitution or some other family document that is not provided for by current legislation or is not of a legal nature. It is proposed to consolidate the responsibilities of children in the Family Code of the Russian Federation. It is emphasized that the issue of children’s responsibilities is complex and debatable.
How to Cite:
Letova N.V. Features Protecting Rights in the Sphere of Family Relations: Status and Prospects. Sociopolitical Sciences. 2024. Vol. 14. No. 3. Pр. 76–82. (In Rus.). DOI: 10.33693/2223-0092-2024-14-3-76-82. EDN: IXAFNH
Reference list:
Sherstyuk V.M. Theoretical problems of the development of civil procedural, arbitration procedural law and enforcement proceedings in the Russian Federation. Moscow, 2021.
Shakaryan M.S. Civil procedural law of Russia. Moscow, 1996.
Chechot D.M. Selected works on civil procedure. St. Petersburg, 2005.
Pchelintseva L.M. Family law of Russia: Textbook for universities. Moscow, 2000.
Sitkova O.Yu. Ways to protect family rights. Vestnik VGU. Series: Law. 2014. No. 2. (In Rus.)
Subbotina E.V. Features of the exercise of rights and fulfillment of duties in marriage and family relations. Family and Housing Law. 2012. No. 3. (In Rus.)
Shershen T.V. The significance of decisions of the European Court of Human Rights in the protection of family rights. Bulletin of Omsk University. Series: Law. 2010. No. 2. (In Rus.)
Chirkin V.E. Public power in modern society. Journal of Russian Law. 2009. No. 7. (In Rus.)
Tikhomirov Yu.A. Public law. Moscow: BEK, 1995.
Karpova O.A., Balayan E.Yu. The place of guardianship and trusteeship bodies for minors in the system of public authorities of the Russian Federation. State Power and Local Self-Government. 2023. No. 4. (In Rus.)
Melnikova M.B. Responsibility of guardianship and trusteeship authorities for violation of the rights of minors. Legality. 2019. No. 9. (In Rus.)
Grishin A.V. Current problems of legal regulation of the activities of guardianship and trusteeship authorities to protect the inheritance rights of minors. Inheritance Law. 2019. No. 3. (In Rus.)
Bakhareva O.A. Settlement of family disputes through mediation. Arbitration and Civil Process. 2017. No. 7. (In Rus.)
Borisova E.A. Mandatory family mediation as a premonition. Legislation. 2021. No. 5. (In Rus.)
Velichkova O.I. Improving family legislation on mediation issues. Current Problems of Russian Law. 2017. No. 5. (In Rus.)
Chekmareva A.V. Problems of reconciliation of the parties when preparing a civil case for trial. Modern Law. 2018. No. 4. (In Rus.)
Nadin I.N. An assessment and information meeting as a condition for exercising the right to go to family court. UK experience. Magistrate. 2022. No. 9. (In Rus.)
Shakaryan M.S. Civil procedural law of Russia. Moscow, 1996.
Chechot D.M. Selected works on civil procedure. St. Petersburg, 2005.
Pchelintseva L.M. Family law of Russia: Textbook for universities. Moscow, 2000.
Sitkova O.Yu. Ways to protect family rights. Vestnik VGU. Series: Law. 2014. No. 2. (In Rus.)
Subbotina E.V. Features of the exercise of rights and fulfillment of duties in marriage and family relations. Family and Housing Law. 2012. No. 3. (In Rus.)
Shershen T.V. The significance of decisions of the European Court of Human Rights in the protection of family rights. Bulletin of Omsk University. Series: Law. 2010. No. 2. (In Rus.)
Chirkin V.E. Public power in modern society. Journal of Russian Law. 2009. No. 7. (In Rus.)
Tikhomirov Yu.A. Public law. Moscow: BEK, 1995.
Karpova O.A., Balayan E.Yu. The place of guardianship and trusteeship bodies for minors in the system of public authorities of the Russian Federation. State Power and Local Self-Government. 2023. No. 4. (In Rus.)
Melnikova M.B. Responsibility of guardianship and trusteeship authorities for violation of the rights of minors. Legality. 2019. No. 9. (In Rus.)
Grishin A.V. Current problems of legal regulation of the activities of guardianship and trusteeship authorities to protect the inheritance rights of minors. Inheritance Law. 2019. No. 3. (In Rus.)
Bakhareva O.A. Settlement of family disputes through mediation. Arbitration and Civil Process. 2017. No. 7. (In Rus.)
Borisova E.A. Mandatory family mediation as a premonition. Legislation. 2021. No. 5. (In Rus.)
Velichkova O.I. Improving family legislation on mediation issues. Current Problems of Russian Law. 2017. No. 5. (In Rus.)
Chekmareva A.V. Problems of reconciliation of the parties when preparing a civil case for trial. Modern Law. 2018. No. 4. (In Rus.)
Nadin I.N. An assessment and information meeting as a condition for exercising the right to go to family court. UK experience. Magistrate. 2022. No. 9. (In Rus.)
Keywords:
justice, court, state, civil process, family, child, protection of rights, legitimate interests, guardianship and trusteeship authorities, prosecutor, Commissioners for Children’s Rights.
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