To the question on the criteria of the classification of family law sources
DOI:
https://doi.org/10.35774/app2019.04.159Keywords:
sources of family law, legal orders, legal positions, social sources, formal and legal sourcesAbstract
The scientific article is devoted to the research on the basis of the legal doctrine of the basic criteria for the classification of sources in family law. The author identifies the following criteria for the classification of sources of family law: according to the legal tradition of the origin and existence of sources of law; in accordance with the hierarchy in the family law of Ukraine; in accordance with the subject of legal regulation; depending on the subject of acceptance; depending on the action in territory; depending on the legal force and the place in the system of sources of law; depending on the originality; by its content. In addition, the types of sources of family law are distinguished depending on each of the criteria, as well as the selection of the relevant criteria and the classification of the sources of family law to the corresponding type.
The author refers to the non-traditional sources of family law as the legal position of the Supreme Court, the legal position of the Constitutional Court of Ukraine, the legal doctrine, the family law treaty, on the grounds that they have become a source of family law only recently and have not been inherent in Ukrainian family law in the past.
According to the author, the main sources of family law include regulatory acts, including acts of international and supranational organizations principles of family law, which have priority over regulations, and additional (in the sense of enforcement) are all other sources that apply, unless they conflict with the main sources of family law. The primary sources of family law are all fundamental, as well as legal, religious norms; other sources of family law are derivative, since they are formed on the basis and on the implementation of the main sources of law - family law agreements, case law, judicial and scientific legal positions.
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