Features of Family Legal Responsibility in the Russian Legal System

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The purpose of the study. The article discusses the problems of the need to strengthen comprehensive regulatory regulation of the protection of children's rights in families whose parents resort to violations of their duties, taking into account the strategic improvement and strengthening of family education. Every year in the Russian Federation, more than 30000 people become victims of crimes involving violent acts in the family. It is important to define the concept, the essence, subjective and objective signs of the family—legal responsibility in the system of family law, to study the place of family legal responsibility of parents in the system of legal responsibility and to establish the criteria of correlation with civil, administrative and criminal responsibility, to reveal the legal nature of family responsibility of parents. Conclusions. As a result of the conducted research, the author comes to a number of conclusions that directly affect the field of family legal duties and rights. The place of family and legal responsibility of parents in the system of legal responsibility is due to the independence of this type and a specific goal—to protect the interests of children. The criterion of correlation with civil, administrative and criminal liability is the severity of the offense committed and its nature. The legal nature of the family responsibility of parents follows from the fact of the existence of parental responsibilities, namely from the legal registration of paternity and motherhood. The leading task of family legal responsibility is to ensure timely response to family crisis situations, the active participation of competent authorities in solving emerging problems and minimizing negative consequences for the most vulnerable subjects of these legal relations—children. Courts actively apply various liability mechanisms, but, unfortunately, rarely resort to restorative procedures. There is a justification for this. Most of the measures that have to be applied to dysfunctional parents are based on the concern of the state for the possibility of ensuring a proper existence for an immature person—often, such parents lead an antisocial lifestyle that puts any human life in danger. It is simply not advisable to leave the younger generation in such conditions. Attempts are being made to work in the direction of providing proper psychological assistance, mechanisms for determining a family—but, for the most part, children «settle down» in boarding schools, where the conscious part continues to lead a dysfunctional lifestyle. It is important to stop these consequences.

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作者简介

Dina Shepeleva

Kutafin Moscow State Law University (MSAL); Financial University under the Government of the Russian Federation

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Email: dvshep0904@gmail.com
ORCID iD: 0000-0001-7661-4533
SPIN 代码: 4109-6343

Cand. Sci. (Law), Associate Professor of the Department of Family and Housing Law; Associate Professor of the Department of International and Public Law

俄罗斯联邦, Moscow; Moscow

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