The imperfection of Russian legislation on family, family values and ways to overcome it
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The monograph examines defects of the family legislation of the Russian Federation and the ways to overcome them, including the application of the analogy of the law and the analogy of law, customs, and justice rights.
The author, having analyzed judicial practice, including the decision of the Plenum of the Supreme Court of the Russian Federation and reviews of judicial practice, approved by the Presidium of the Supreme Court of the Russian Federation, doctrine and family legislation, concluded that the courts, eliminating the shortcomings of the legislation, often make judicial errors In the form of: 1) violations of substantive and/or procedural law, 2) violations of uniformity in the interpretation of the rule of law, 3) the creation of new rules, 4) other violations. It is substantiated that the rule-making activity of the courts, firstly, is not included in their powers, secondly, it is not always aimed at ensuring the well-being of Russians, thirdly, does not ensure the unity of judicial practice within the framework of objectively possible. Family rules created by courts of different levels do not always meet the foundations of law.
To eliminate the shortcomings of the family legislation of the Russian Federation, the author recommends that the customs, justice right, family and universal values regulating family relations, ensuring the well -being of the family, its members and the continuation of life. Attention is drawn to the application of philosophical and moral categories, including within the framework of justice law.
The legislation is given as of November 2020.
The work is designed for everyone who is interested in the quality of Russian family legislation and the law enforcement of the courts of the Russian Federation, their essence, purpose and value
The author, having analyzed judicial practice, including the decision of the Plenum of the Supreme Court of the Russian Federation and reviews of judicial practice, approved by the Presidium of the Supreme Court of the Russian Federation, doctrine and family legislation, concluded that the courts, eliminating the shortcomings of the legislation, often make judicial errors In the form of: 1) violations of substantive and/or procedural law, 2) violations of uniformity in the interpretation of the rule of law, 3) the creation of new rules, 4) other violations. It is substantiated that the rule-making activity of the courts, firstly, is not included in their powers, secondly, it is not always aimed at ensuring the well-being of Russians, thirdly, does not ensure the unity of judicial practice within the framework of objectively possible. Family rules created by courts of different levels do not always meet the foundations of law.
To eliminate the shortcomings of the family legislation of the Russian Federation, the author recommends that the customs, justice right, family and universal values regulating family relations, ensuring the well -being of the family, its members and the continuation of life. Attention is drawn to the application of philosophical and moral categories, including within the framework of justice law.
The legislation is given as of November 2020.
The work is designed for everyone who is interested in the quality of Russian family legislation and the law enforcement of the courts of the Russian Federation, their essence, purpose and value
Author:
Author:Bespalov Yu.F.
Cover:
Cover:Hard
Category:
- Category:Law & Legal
- Category:Politics & Social Science
- Category:Reference books
Publication language:
Publication Language:Russian
Paper:
Paper:offset
ISBN:
ISBN:978-5-392-32904-5
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