Some theoretical aspects of self-defense as a way to protect family rights

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Maintenance: the article is devoted to issues related to self-protection of family rights. Special attention is paid to the concept of self-defense, especially in light of the various branches of Russian law. Purpose: due to the low development of the category "self-defense law," a theoretical analysis of the parties self-defense is of particular importance. Enhancing the role of personality in the process of implementation of family relationships requires a holistic view of the legal Institute. It also requires development and legislative strengthening common to all branches of law the terms and boundaries, which in turn will increase the effectiveness of this legal category in practice. The result: the article analyzes and justifies the need for a comprehensive study of self-defense and legal forms and methods of self-defense in family law, due to the fact that family relationships based on personal trust and regulation. Separately noted the need for legislative attention to this category. The article analyzes the concept of "self-defense", its content and legal nature, in an attempt to identify the essence of self-defense as a legal category and identify its features. Methods: in the study of the Institute of self-defense the author used analytical and system methods, comparative law and legal-technical. Conclusions: there is, no detailed mechanism and it is common approach, contributing to the possibility of self-realization of the personality rights of defence. Not defined the essence of self-defense, its place in the system of means of protection of family rights, not marked peculiarities of the protection of family rights. In this regard, the improvement of measures aimed at the realization of self-defense, has important theoretical and practical significance, both for the individual and for the state as a whole.

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Non-jurisdictional forms of protection, category "self-defense" in the current rules of sectoral legislation, separation from arbitrariness, protection of family rights and the way to protect family rights, legislation

Короткий адрес: https://sciup.org/147202437

IDR: 147202437

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