One of the branches of the Russian legal system is family law. This is a set of legal norms aimed at regulating relations in society arising in connection with the creation and existence of a family, the termination of marriage. The main principles of legislation in this area are established in the RF IC. It was created in order to strengthen the family, build relationships on the basis of love, mutual understanding and respect, responsibility to all its members. In addition to the UK, norms in this area are contained in other federal laws, regulations of constituent entities of the Russian Federation, as well as by-laws. The latter can be taken strictly in cases provided for in the code.
The subject and method of family law
His subject includes those based on marriage and kinship, custody and guardianship, adoption and adoption of children, property and non-property personal relations arising between family members. Family law governs the conclusion and termination of marriage, maintenance obligations, rights and obligations of children and parents, spouses, etc.
Family law primarily uses the imperative method, which does not provide freedom of choice. Thanks to this, the principles of building relationships are clearly defined in the family sphere.
Principles
When issuing laws, the state seeks to intervene in family relations to the least extent, limiting itself to establishing only the most necessary generally binding rules.
Family law is based on the following principles: voluntary marriage, equality of rights and obligations, resolution of emerging intra-family disputes by mutual consent, monogamy, the priority of raising children in the family, and concern for their development.
Subjects of family law
As such, family members can act : spouses, grandparents, sisters, brothers, parents (including foster children), stepfathers, stepmothers, adoptive parents, guardians, trustees.
Family law determines that the subject of legal relations can only be a citizen with family legal personality (legal capacity and legal capacity). The first arises from birth, but the scope of rights varies depending on age, especially after reaching adulthood. Family
legal capacity may be limited, but only in cases provided by law. A citizen may be deprived of legal capacity. For example, in connection with a mental illness. In this case, he will not be able to marry, become a guardian, etc.
Family Rights Protection
As a rule, protection of family rights is carried out in court. In the event of any disputes regarding the division of property, the need to recover child support for incapacity for work, the presence of minor children, etc., the interested party applies to the court with a statement of claim. The decision made by the court is binding.
Family law seeks to protect children’s interests first. Their presence is taken into account when resolving various disputes between spouses. If the care and care of the child is inappropriate, his mother and father may be deprived of their parental rights.