Open AccessDevelopment of the doctrine of family law and it’s effect on the legislator and subjects law enforcement
Author(s) -
V. M. Cherneha
Publication year - 2020
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.4.2020.44
Subject(s) - law , lawmaking , family law , doctrine , legislator , political science , municipal law , private law , comparative law , legislation , civil law (civil law) , public law , legal doctrine , sociology , legislature
The article highlights the development of the doctrine of family law and it’s effect on the legislator and subjects law enforcement.A digest of family legal research presented by Kyiv, Kharkiv, Western Ukrainian and Odessa family law scientifics schools was carriedout. It is stated that not only the digest of family legal research, but also careful consideration of each of them, gives grounds to statethat the set of scientifically sound provisions, family legal ideas and constructions developed by scientists of our state need to be implementedin acts of family legislation. It is substantiated that the doctrine of family law of Ukraine should take a significant place in theformation of family legal policy. It is stated that for the modernization of the doctrine of Ukrainian family law it is necessary to continuously:study family law through a prism of its history, traditions and modernity; deep knowledge of the current family legislationof our state and the practice of it’s application; study of progressive experience of countries near and far abroad in the field of legalregu lation of family relations. The effect of the doctrine of family law both at the level of lawmaking and at the level of law enforcementis characterized.At the level of lawmaking, the doctrine of family law affects, firstly, the development of draft laws on family law, as the normativedrafting activities should involve powerful scientific institutions represented by reputable experts in the field of family law. Acquisitionsof family law doctrine should also be applied when amending existing family legislation. Secondly, during the legal examinationof draft laws on family law. Third, the doctrine of family law has an effect on the legal consciousness of the legislator. At the level oflaw enforcement, the doctrine of family law reproduces the content of only the existing rules of family law, and does not create newrules. It is used when identifying gaps in family legal regulation, as well as when interpreting rules family law and individual acts.