Concept and legal nature of methods of protecting family rights and interests

Abstract

In the scientific article, the author conducted a scientific study of doctrinal sources devoted to the issue of the concept of methods of protection of family rights and interests, determining on this basis the legal nature of methods of protection of family rights and interests. In the family legal doctrine has developed several approaches to the concept of "methods of protection of family rights and interests", which are mainly related to the application of other categories to the content of this concept - "form of protection of family rights and interests", "means of protection of family rights and interests", "about "objects of protection of family rights and interests", "grounds for the protection of family rights and interests" or the complete or partial separation of these concepts from the concept of methods of protection. Based on the conducted research, the author came to the conclusion that the methods of protection of family rights and interests are coercive measures defined by family legislation or a family contract, with the help of which influence is exerted on the participants of family relations, which are applied by bodies or persons specially authorized by the law to apply them or by the participants of family relations themselves in relation to themselves or other participants, and are aimed at the restoration of violated, unrecognized or contested family law, taking into account the family interest of the participant in family relations. The concepts of "methods of protection of family rights and interests" and "measures of protection of family rights and interests" are essentially identical. The application of a specific method of protection of family rights and interests is carried out with the help of means of protection of family rights, which is a relevant act of law enforcement, which is aimed at applying the relevant method of protection. The concepts of "method of protection" and "form of protection" are not identical, the latter is a procedural aspect of solving the question of the possibility and expediency of applying the appropriate method of protection.
 The legal nature of the method of protection of family law or interest is that it: 1) the possibility of its application by the relevant jurisdictional subject or participant in family relations must be provided for by family legislation or a family contract; 2) represents a set of actions, which must be committed in accordance with the adopted law enforcement act or which are actually committed by a person in self-defense; 3) affects a violated, unrecognized or disputed family right or an unaccounted-for family interest, restores or takes into account a family right or a family interest; 4) the object of protection is any family right or interest, which are violated, not recognized, disputed or not taken into account; 5) may be applied in the interests of another participant in family relations if this is allowed by family law.