父亲权利的司法辩护

A. A. Ochkina
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引用次数: 0

摘要

本文致力于现代俄罗斯法律中最相关的主题之一,即父权制度的法律司法保护。该条的相关性主要是由于在父亲权益保护领域存在法律问题。发件人着重指出,官方统计数字证明,目前法院审理的家庭案件数目正在迅速增加。然而,有大量侵犯父亲权利和利益的行为,包括在法律诉讼的框架内。本文的目的是确定和探讨在法庭诉讼中与保护父亲权利有关的问题。作者分析了俄罗斯联邦宪法法院的一些法律立场。在对执法实践进行分析的基础上,笔者认为俄罗斯现行立法改革出现了新的趋势,并强调了改革的重要性和权宜之计。作者运用了一般的科学方法(辨证法、分析法、综合法)和私人的科学方法(形式法)。文章的结论是,国内立法在保护父亲权益方面的某些规定需要改进。笔者提出了自己的改进思路。有可能将这一科学研究应用于实践,以改变有关保护父亲权利的关系方面的立法。这项研究的结果将引起民法和家庭法领域的专家的兴趣。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Judicial defense of fathers’ rights
This article is devoted to one of the most relevant topics in modern Russian law, namely the legal judicial protection of the institution of paternity. The relevance of the article is primarily due to the presence of legal problems in the field of protecting the rights and interests of fathers. The author focuses on the fact that at present the number of family cases considered by the courts is growing rapidly, as evidenced by official statistics. However, there are a large number of violations of the rights and interests of fathers, including in the framework of legal proceedings. The purpose of the article is to identify and explore the problems associated with the protection of paternal rights in court proceedings. The author analyzes a number of legal positions of the Constitutional Court of the Russian Federation. Based on the analysis of law enforcement practice, the author concludes that there are emerging trends in the field of reforming the current Russian legislation, in addition, the importance and expediency of such reform is emphasized. The author used general scientific (dialectical, methods of analysis, synthesis) and private scientific methods (formal legal). The article concludes that certain provisions of domestic legislation in the field of protecting the rights and interests of fathers need to be improved. The author suggests his own ways of improving the current legislation in the area under consideration. It is possible to apply this scientific research in practice in order to change the legislation governing aspects of relations for the protection of paternal rights. The findings of this study will be of interest to specialists in the field of civil and family law.
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