Mendzhul M. Theoretical problems of the action of family law principles

In the dissertation, author made a theoretical generalization and solution of a scientific problem, namely in developing a conceptual model of the principles of family law, clarifying their essential features and establishing peculiarities of actions taking into account current trends in the development of family relations and the need for harmonization of family law of Ukraine with the EU law. The author has elaborated her own approach to the understanding of the concept of family law principles. The essential features of the principles of family law are distinguished from the point of view of their relationship with the rules of family law. The approach to systematizing the principles of family law has been improved. The methods of fixation of the principles of family law in the written law of Ukraine, the EU, the UK, the USA and Canada are analyzed in the dissertation. It is established that the principles of family law can be found in international treaties, in national legislation (constitutions, civil codes, family codes, laws and other normative legal acts), court precedents, as well as in treaties executed by the participants in family relations. It is substantiated that the fixation of the principles of family law in written law is achieved through a clear and through fixation. It is substantiated that the effect of the principles of family law can have: a direct vertical effect according to which the principles of family law act directly in the regulation of family relations, regardless of their fixation in written law; indirect vertical effect ¬ when the principles of family law regulate family relations through the rules of family law that fix them. On the basis of the conducted research of the principles of European family law and family law of foreign countries, a corresponding draft law was developed in order to amend the Family Code of Ukraine and other normative legal acts in order to harmonize the family law of Ukraine with EU law.