Legally Relevant Communications in Family Law Relations: on Cross-Sectoral Interaction

Elena V. Kaymakova, O. A. Кorotkih, A. Surkov
{"title":"Legally Relevant Communications in Family Law Relations: on Cross-Sectoral Interaction","authors":"Elena V. Kaymakova, O. A. Кorotkih, A. Surkov","doi":"10.21869/2223-1501-2022-12-5-39-48","DOIUrl":null,"url":null,"abstract":"Relevance. The current family legislation connects the emergence of civil law consequences for participants in family relations with the need to receive legally significant messages from them in cases directly provided for in the law. At the same time, the institution of legally significant messages did not find its consolidation and concretization in the current Family Code of the Russian Federation and applies to family relations according to the rules of civil law, which, in turn, gives rise to practical problems when resolving family disputes in court. The purpose of the study is to identify the features of the intersectoral interaction of the institute of legally sig-nificant messages, including issues of its effective application in the family legal field. The objectives of the study are to determine the legal nature and specifics of legally significant messages in family legal relations, as well as to develop proposals for improving the current family legislation on the use of this institute by subjects of family law. Methodology. Methodology. When solving research problems, both general scientific (analysis, synthesis, generalization, comparison, etc.) and private scientific (formal-dogmatic, intersectoral) methods were used. Results. Inter-sectoral interaction of the institute of legally significant communications in civil and family law has been established; its specific features in family relations related to the action of the imperative method of legal regulation of family relations, as well as the public-legal nature of certain types of legally significant communications, were revealed. Conclusion. Legally relevant messages play an important role not only in civil but also in family law. The ad-dressees of legally significant messages in family law are not only individuals participating in family legal relations, but also state bodies and organizations empowered to protect the rights of minors, which makes it possible to distinguish a new type of legally significant messages in family law - publicly significant legal messages.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Proceedings of the Southwest State University. Series: History and Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21869/2223-1501-2022-12-5-39-48","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

Abstract

Relevance. The current family legislation connects the emergence of civil law consequences for participants in family relations with the need to receive legally significant messages from them in cases directly provided for in the law. At the same time, the institution of legally significant messages did not find its consolidation and concretization in the current Family Code of the Russian Federation and applies to family relations according to the rules of civil law, which, in turn, gives rise to practical problems when resolving family disputes in court. The purpose of the study is to identify the features of the intersectoral interaction of the institute of legally sig-nificant messages, including issues of its effective application in the family legal field. The objectives of the study are to determine the legal nature and specifics of legally significant messages in family legal relations, as well as to develop proposals for improving the current family legislation on the use of this institute by subjects of family law. Methodology. Methodology. When solving research problems, both general scientific (analysis, synthesis, generalization, comparison, etc.) and private scientific (formal-dogmatic, intersectoral) methods were used. Results. Inter-sectoral interaction of the institute of legally significant communications in civil and family law has been established; its specific features in family relations related to the action of the imperative method of legal regulation of family relations, as well as the public-legal nature of certain types of legally significant communications, were revealed. Conclusion. Legally relevant messages play an important role not only in civil but also in family law. The ad-dressees of legally significant messages in family law are not only individuals participating in family legal relations, but also state bodies and organizations empowered to protect the rights of minors, which makes it possible to distinguish a new type of legally significant messages in family law - publicly significant legal messages.
家庭法律关系中的法律相关沟通:跨部门互动
的相关性。目前的家庭立法将家庭关系参与者民法后果的出现与在法律直接规定的情况下从他们那里收到具有法律意义的信息的需要联系起来。同时,具有法律意义的电文制度在俄罗斯联邦现行的《家庭法》中没有得到巩固和具体化,而是根据民法规则适用于家庭关系,这反过来又在法庭上解决家庭纠纷时产生了实际问题。这项研究的目的是确定具有法律意义的信息研究所的部门间相互作用的特点,包括其在家庭法律领域的有效应用问题。这项研究的目的是确定家庭法律关系中具有法律意义的信息的法律性质和具体情况,并提出建议,改进目前关于家庭法主体使用这一研究所的家庭立法。方法。方法。在解决研究问题时,既使用一般科学(分析、综合、概括、比较等)方法,也使用私人科学(形式教条、跨部门)方法。结果。建立了民事和家庭法方面具有法律意义的来文研究所的部门间相互作用;揭示了其在家庭关系中的具体特点,涉及法律规制家庭关系的命令式方法的作用,以及某些类型的具有法律意义的通信的公法性质。结论。法律相关信息不仅在民法中发挥着重要作用,而且在家庭法中也发挥着重要作用。家庭法法律意义信息的接受者不仅是参与家庭法律关系的个人,也包括保护未成年人权利的国家机关和组织,这就有可能区分出一种新的家庭法法律意义信息类型——公共意义法律信息。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信