On the development of the family law doctrine of the Republic of Belarus (analytical review based on the materials of the conference in Minsk 2022)

Abstract

The proposed review provides a general description and selective analysis of the materials of the section "Family Law: Modern Problems of Theory and Practice" of the International Scientific and Practical Conference "Development of Private Law and the Civil Process: Continuity and Innovation", dedicated to the 100th anniversary of the Department of Civil Law and Procedure of BSU (Minsk, 2022) were published in the collection of scientific articles “Theoretical and applied aspects of the development of civil legislation of the Republic of Belarus under the influence of digitalization”. However, the authors do not limit themselves to retelling the content of these materials: they offer critical comments on the relevant positions, based on the use of the necessary scientific apparatus (including publications in other sources on the topics discussed), on the structuring of family law, overcoming the excessive influence of principles and other tools of civil law , landmarks of the doctrine and legislation for the preservation of traditional family values - as in the framework of the beginnings of the Belarusian and Russian family legislation and for individual family law institutions (marriage, parenthood and childhood, maintenance obligations, procedures for resolving conflicts in the family sphere). At the same time, the positive features of the Belarusian family law are also noted, which can be the subject of reflection in the Russian family law doctrine and are perceived as a positive experience in the legal regulation of relations with the family element by the Russian legislator.