The Principle of the Inadmissibility of Arbitrary Interference in Family Affairs

The article investigates one of the fundamental principles of family law aimed at clarifying the boundaries between legal and arbitrary interference of the state and third parties in the affairs of the family. The Author argues that acts committed in accordance with the law and contrary to the princ...

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Main Author: A. Ya. Ryzhenkov
Format: Article
Language:Russian
Published: Omsk Law Academy 2020-06-01
Series:Сибирское юридическое обозрение
Subjects:
Online Access:https://www.siberianlawreview.ru/jour/article/view/340
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author A. Ya. Ryzhenkov
author_facet A. Ya. Ryzhenkov
author_sort A. Ya. Ryzhenkov
collection DOAJ
description The article investigates one of the fundamental principles of family law aimed at clarifying the boundaries between legal and arbitrary interference of the state and third parties in the affairs of the family. The Author argues that acts committed in accordance with the law and contrary to the principle of proportionality and proportionality do not constitute arbitrary interference in the affairs of the family. It is noted that at the moment the normative implementation of the principle of prohibition of voluntary interference in family affairs is controversial. On the one hand, the decriminalization of family violence is decreasing interference of state and society in the family business, on the other hand, we see the strengthening of the role of the juvenile justice system, which means the increase of state intervention in the affairs of the family.
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spelling doaj.art-c219c62ce5bc4f0e9b7c66dc4493d7562024-03-15T14:13:32ZrusOmsk Law AcademyСибирское юридическое обозрение2658-76022658-76102020-06-0117218118810.19073/2658-7602-2020-17-2-181-188339The Principle of the Inadmissibility of Arbitrary Interference in Family AffairsA. Ya. Ryzhenkov0Kalmyk State University named after B. B. GorodovikovThe article investigates one of the fundamental principles of family law aimed at clarifying the boundaries between legal and arbitrary interference of the state and third parties in the affairs of the family. The Author argues that acts committed in accordance with the law and contrary to the principle of proportionality and proportionality do not constitute arbitrary interference in the affairs of the family. It is noted that at the moment the normative implementation of the principle of prohibition of voluntary interference in family affairs is controversial. On the one hand, the decriminalization of family violence is decreasing interference of state and society in the family business, on the other hand, we see the strengthening of the role of the juvenile justice system, which means the increase of state intervention in the affairs of the family.https://www.siberianlawreview.ru/jour/article/view/340familyinterventionevaluation categorypublic interestprivate lifeprincipleprohibitionsrestrictions
spellingShingle A. Ya. Ryzhenkov
The Principle of the Inadmissibility of Arbitrary Interference in Family Affairs
Сибирское юридическое обозрение
family
intervention
evaluation category
public interest
private life
principle
prohibitions
restrictions
title The Principle of the Inadmissibility of Arbitrary Interference in Family Affairs
title_full The Principle of the Inadmissibility of Arbitrary Interference in Family Affairs
title_fullStr The Principle of the Inadmissibility of Arbitrary Interference in Family Affairs
title_full_unstemmed The Principle of the Inadmissibility of Arbitrary Interference in Family Affairs
title_short The Principle of the Inadmissibility of Arbitrary Interference in Family Affairs
title_sort principle of the inadmissibility of arbitrary interference in family affairs
topic family
intervention
evaluation category
public interest
private life
principle
prohibitions
restrictions
url https://www.siberianlawreview.ru/jour/article/view/340
work_keys_str_mv AT ayaryzhenkov theprincipleoftheinadmissibilityofarbitraryinterferenceinfamilyaffairs
AT ayaryzhenkov principleoftheinadmissibilityofarbitraryinterferenceinfamilyaffairs