Problems of normative consolidation of the right to family values

Abstract

The category of «the right to family values» is actively used in public discourse and law enforcement practice. However, the current law lacks both a legal definition of this concept and a list of protected family values. This circumstance prevents the effective protection of family interests related to the possession of these benefits. The conducted research has shown that the analyzed concept does not correspond to the classical features of subjective law. At the same time, family values exist as intangible assets protected by the specific powers of family members. To overcome the gap, a multi-level strategy is proposed: the integration of the principle of protection of family values in the Family Code of the Russian Federation, the formation of an indicative list of such benefits, and the active use by courts of value interpretation of norms and mechanisms to counter abuse of law. The synthesis of these measures will allow to integrate the protection of family values into the legal protection mechanism harmoniously.