Problems of Family Law at the Present Stage: Their Influence on the Practice of Applying Norms Aimed at Protecting the Family and Childhood
- Authors: Letova N.V.1
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Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: Vol 19, No 2 (2023)
- Pages: 60-66
- Section: Private Law (Civil) Sciences
- URL: https://journals.eco-vector.com/2541-8025/article/view/568408
- DOI: https://doi.org/10.33693/2541-8025-2023-19-2-60-66
- ID: 568408
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Abstract
Purpose of the study. The article deals with the problems caused by the lack of certainty in the content of the rules of the family type, arising from the insufficient development of the basic categories of family law. Their absence or underdevelopment leads to defects not only in family norms, but also forms an incorrect practice of their application, which does not allow for effective protection of participants in family relations, including children. The author comes to the conclusion that the imperfection of the norms can be eliminated through theoretical research and legislative decisions aimed at enriching the categorical apparatus of family law, as well as through the active use of fictions and presumptions in the field of family relations, which will eliminate the emerging gaps in their regulation and ensure uniform the use of the same terms in meaning, but different in meaning.
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About the authors
Natalia V. Letova
Institute of State and Law of the Russian Academy of Sciences
Author for correspondence.
Email: letovanv@mail.ru
ORCID iD: 0000-0001-7033-977X
Dr. Sci. (Law), Chief Researcher of the Procedural Law Sector
Russian Federation, MoscowReferences
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