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Trends in the Changes of the Family Code of the Russian Federation and the Practice of its Application

https://doi.org/10.17803/1729-5920.2024.217.12.010-022

Abstract

The paper dwells on the process of making ammendements to family laws and other sectoral laws, as well as trends in the formation of law enforcement practice in the context of the perception of amendments as an improvement in the mechanism of family law regulation. The author refers to the innovations of the Family Code of the Russian Federation and other federal laws, the jurisprudence of the Constitutional Court of the Russian Federation, the position of the Supreme Court of the Russian Federation when the courts consider disputes related to the exercise and protection of family rights of citizens. The author justifies the thesis that there is no consistency when making targeted changes and additions to the legislation, which not only does not improve the legislation in general and individual norms in particular, but, on the contrary, indicates the lack of an integrated approach and, as a result, the effectiveness of lawmaking. The legal regulation of family relations should be based on principles demonstrating the harmonization of private and public interests in both family and other sectoral legislation. The author believes that the legal regulation of all public relations with the participation of family members should stem from the priority of the family legal status of the person. The article also confirms the importance of the practice of the Constitutional Court of the Russian Federation, since the consequence of the consideration of the complaint may be the desired improvement of legal regulation. The special role of judicial practice in filling gaps in the legislation on the regulation of family relations is also being substantiated, which may also entail the transformation of stereotypes prevailing in the doctrine of family law.

About the Author

O. Yu. Ilyina
Tver State University
Russian Federation

Olga Yu. Ilyina, Honored Lawyer of the Russian Federation, Dr. Sci. (Law), Professor, Head of the Department of Civil Law, Dean of the Law Faculty,

Tver.



References

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Review

For citations:


Ilyina O.Yu. Trends in the Changes of the Family Code of the Russian Federation and the Practice of its Application. Lex Russica. 2024;77(12):10-22. (In Russ.) https://doi.org/10.17803/1729-5920.2024.217.12.010-022

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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)