Public policy clause in family legal relations
Keywords:
public order clause in family legal relations, refusal to apply foreign law, restriction of application of foreign family law, public order, traditional family valuesAbstract
The object of the study is family legal relations, complicated by the international component. The subject of the study is the norms of family legislation governing the grounds for refusing to apply the norms of foreign family law, if a conflict of laws norm is indicated. The aim is to identify the legal nature and peculiarities of the public policy clause in family legal relations. Specific tasks are: research into the legal nature of the public policy clause; Justification of the broad interpretation of the public policy clause in family law; arguing for the recognition of traditional family values as an element of public order. The main research methods are the dialectical method, formal-legal and comparative-legal. As a result of the study, the author substantiated the need for an extensive interpretation of the norms of Article 167 of the Family Code of the Russian Federation, which includes in the concept of public order, in addition to the foundations of law and order, also traditional family values, which corresponds to modern needs for the stability of public relations within the country. The article argues for the conclusion that Article 6 of the Family Code of the Russian Federation, which provides for the refusal to apply the rules of international treaties in their interpretation, contrary to the Constitution, as well as the foundations of law and order and morality, is a special clause on public order in family legal relations.