Gevorgyan M.A. To the question of means of protection of family rights in light of the changes to the family code of the Russian Federation

Abstract: This article is dedicated to the analysis of the changes of the legislation on protection of family rights. The new amendments to the Family Code of the Russian Federation effective January 10 of 2016 are meant to eliminate the gap in the legal regulation and expand the protection options for family rights. But a conclusion is made that these changes cannot be considered sufficient under the modern conditions of development of family relations and the accumulated legal precedent. It seems that attempts to make targeted changes in the Family Code of the Russian Federation will not deliver the desired result. The Code requires a worked out conceptual foundation for modernization of the family legislation. The author concludes that the problem of means of protection of family rights has an interbranch character, since it includes issues of application of general legal principles that stem from the Constitution of the Russian Federation, and principles established in the codified acts of civil and family legislation of the Russian Federation. The Family Code of the Russian Federation does not contain the necessary general position on protection of family rights: on forms and means of protection of family rights; on role and place of mediation in resolution of family law disputes (conflicts); on personal protection of family rights; on principles of protection of family rights and legal interests; on the system of means of protection or at least the list thereof.

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