Действие принципов законности, состязательности и диспозитивности при рассмотрении дел, возникающих из семейных правоотношений

Abstract

The article examines the peculiarities of the implementation of the principles of legality, competitiveness and dispositivity in the consideration of family cases. These principles, along with the principles of family law, determine the procedure for judicial protection in cases arising from family legal relations. Thus, the specificity of the manifestation of the procedural principles of legality, competitiveness and dispositivity is determined by the subject of judicial protection in family disputes. The implementation of the principle of legality in the consideration of family cases implies a high role of judicial discretion, as well as the mandatory participation in the case of the prosecutor and a representative of the guardianship and guardianship authority in order to give an opinion on the case, etc. The implementation of the principle of dispositivity in the consideration of family cases has its own peculiarities in the form of the consolidation of special civil procedural norms in the Family Code of the Russian Federation, due to the need to protect the rights and interests of all family members, the priority of protecting the rights and interests of the child, etc. The specificity of the manifestation of the adversarial principle in the consideration of family cases lies in the active role of the court in order to eliminate the shortcomings of "pure" adversarial, which ensures the achievement of a high degree of presumption of the truth of a court decision in such cases.