Principles of legal regulation of family relations: general theoretical aspect

: 152-158

Markovych Kh., Rudak O. "Principles of legal regulation of family relations: general theoretical aspect"

Lviv Polytechnic National University, Institute of Jurisprudence and Psychology

The article focuses on certain principles of legal regulation of family relations and the problems of their application. There are considered the principles of family law as the most generalized legal category in national family law. It turns out that the law principles are the basis of any branch of law and the legal system as a whole. The regulation principles of family relations are the basic principles that ensure the optimal functioning and development of a family. The importance of the principles of family law in the interpretation process of contradictory legal norms is emphasized. It is noted that the principles of family law reflect the essence of family law, the social purpose of the law, and promote to provide the unanimity of judicial practice. The family law principles are characterized by universal, universally binding and serve as a basis for improving family law. The level of implementation of these principles in law enforcement practice and of the process of exercising family rights and responsibilities by individuals is studied. The role and significance of principles in the family law sphere are substantiated. The system of family law principles and scientific approaches to their classification аre considered. The normative-legal regulation of family relations in Ukraine is based on the determined basic principles. The pursued actively in Ukraine state policy on the development of the family institution are analyzed. According to the Concept of the State Family Policy, the state is obliged to provide the necessary conditions for the proper development of the family as the primary center of society. It is noted that the family law principles have a normative expression, determine the legal policy of the state in ensuring the protection and defense of the family, motherhood, fatherhood, childhood, and reflect the socio-economic orientation of society. It is shown that the principles not only affect the formation of the legal consciousness of the participants of family relations but also determine the areas of improvement of family law. It is proved that the careful enshrinement of the principles of family law in written law promotes their practical application.

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