Monograph review: E. V. Kosenko. Family law subjects. М.; Berlin: direct-media, 2016. — 134 p.

Abstract

The reviewers evaluate the monograph of E. V. Kosenko “Family Law Subjects” (M.; Berlin, 2016) not only from the point of view of the sectoral aspect of its writing, but also from the point of view of application of developments of the theory of state and law. The position of the author of the monograph on all controversial issues is consistently examined. The reviewers point out such main advantages as the deep analysis of earlier concepts concerning the issues of legal capacity of subjects, the interrelation between the possibility and reality in implementing rights and obligations, existence of general, sectoral and special legal capacity. These concepts enabled E. V. Kosenko to make a number of important conclusions contributing to the science of family law. The author is encouraged to apply a number of terminological designations: an individual subject, a collective entity dividing the latter into the socio-economic organizations and state and municipal authorities. The reviewers support the conclusion of the author about referring the entities and state and municipal authorities to the subjects of family law under certain conditions. The reviewers also support the conclusion that it is unacceptable to define a family as an independent subject of family law and legal relations. In the reviewers’ opinion, the conclusion of E. V. Kosenko on the establishment of the differences between subjects of family relationships and participants of family relationships requires additional substantiation. According to the author of the monograph, the participants of family relationships are only subjects of law, but not of the legal relations. In the final conclusion the reviewers indicate that the monograph of E. V. Kosenko makes an undoubted contribution to the development of theoretical ideas on the subjects of family law, family legal personality, subjects and participants of family legal relationships. 

Keywords:

family law, subject, legal personality, legal capacity, legal person, public authority, municipal authority