THE CONCEPT AND SPECIFIC FEATURES OF THE IMPLEMENTATION OF FAMILY RIGHTS

International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 1 THE CONCEPT AND SPECIFIC FEATURES OF THE IMPLEMENTATION OF FAMILY RIGHTS Sharakhmetova Umida Shaakbarovna Professor of the Civil Law Department of Tashkent State University of Law, E-mail: Sharaxmetova7[email protected] Abstract. The article examines the theoretical and practical aspects of implementing subjective family rights within the framework of family law. It analyzes the declarative nature of legal norms governing family relations and highlights their influence on the protection of personal and property rights of family members. The study explores the interrelation between subjective rights and legitimate interests, emphasizing their role in ensuring the balance between individual autonomy and legal regulation in family relations. Particular attention is paid to the mechanisms of exercising and protecting the family rights of minors and other dependent persons. The author concludes that the effective realization of family rights depends on the harmonization of legal norms with social and moral principles, ensuring the protection of the legitimate interests of all family members. Key words: family law, subjective rights, legitimate interests, legal regulation, minors, family relations, implementation of rights, protection of interests. Modern scholars emphasize the declarative nature of norms as a feature of the legal regulation of family relations. The absence of legal consequences for actions that do not correspond to the model enshrined in a legal norm is the result of personal, trust-based relations between close persons. This approach is believed to create a resource for studying and developing individual regulation in the field of family law.When considering the rights and interests of family members, the legal regulation of social relations formed among family members comes to the fore. The legal norms studied by various authors serve as a basis for the implementation of family law norms, the exercise of family rights and the fulfillment of obligations, as well as for the use of benefits. In their scientific works, scholars such as O.Yu. Kosova, O.Yu. Ilina, Ye.A. Chefranova, N.V. Letova, and others have focused on understanding subjective family rights, examining topics such as the realization of a child's family rights, private and International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 2 public interests in family law, and the mechanisms of legal regulation of the property relations between spouses. They establish a foundation for studying the development of subjective family rights and obligations and their dynamics within relational structures. According to the definition found in scientific literature, a subjective right is "defined by objective legal norms," "a legal possibility derived from law, reflected in the Civil Code," "a legal opportunity," "a necessary and permissible measure of behavior allowed to the right-holder." In civil law, discussions on the content of the concept of subjective rights have been active, but over time, this issue has lost its topicality and has moved into the category of specific matters. We support the views of authors who paid attention to the following characteristics of subjective rights: "a legally guaranteed measure of certain behavior or, more precisely, a specific opportunity belonging to a person and the guarantee of certain behavior"; "a subjective right or authority is the possibility, protected by the state, to demand certain behavior (to act or refrain from acting) from others"; "the permissibility of actions by the authorized person and the legal guarantee of such actions constitute the content of subjective rights." The definitions emphasize that subjective rights are ensured by specific legal measures. Logically, from the perspective of legal theory, there is nothing unique in defining a subjective family right in a broad sense: it can be understood as the possibility for an authorized person in family relations to choose actions and as a legally established measure of permitted behavior, secured by law and mandatory procedure, aimed at achieving certain benefits. However, taking into account the essence of family relations and the principles of family law, it is necessary to study in detail the sectoral features of family rights implementation based on their nature and legal principles. A person may enter into marital relations (historically, cases of early marriage and cohabitation in adolescence were known, where childbirth occurred with the emergence of physiological capacity), but for the protection of health and morals, the marriageable age is determined by law (Articles 13–16 of the Family Code). Parents have both the right and the duty to exercise their rights, but the law does not specify how exactly they should exercise the right to raise their child, and it is difficult to determine this legislatively. The legislator has only defined methods and forms of upbringing that are not permissible: those that contradict the child’s interests (Article 75 of the Family Code), harm the physical and mental health of children, or damage their moral development; neglect, cruelty, rudeness, humiliation of human dignity, insults, or exploitation of children are excluded. Although the forms and methods of upbringing are not specified by law, the scope of exercising family rights, including the right to upbringing, is clearly defined. Yu.F. Bespalov concluded regarding the subjective rights of a child that they are "the possibility defined by the norms of family law for a child to independently, or through parents (or persons replacing them), exercise their behavior in family relations," International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 3 which characterizes the implementation of the family rights of minors. It should be noted that in some cases, those who cannot exercise their rights independently include not only children but also persons who are incapacitated or in need of assistance (for example, individuals suffering from persistent health disorders). A.M. Nechaeva, studying subjective rights as a legal category, defined them as "the possibility of using a specific social good." Thus, the opportunity to use social goods is ensured for both minors and other persons in need of assistance through the actions of family members aimed at meeting their needs, and these actions are carried out within the permitted scope of behavior established by law.A distinctive feature of family rights is the issue of their implementation. The possibility of exercising subjective family rights is an interesting aspect for research. The view that subjective family rights are declarative is debatable and requires a detailed study of interrelated concepts, procedures, and methods of implementation.Along with the concept of "subjective right," the concept of "legitimate interest" (or "legally protected interest") is also distinguished in legal theory and regulation. Determining the relationship between these concepts in family law is important since the legislator uses them as categories of the same level in part two of Article 10 of the Civil Code. Questions arise: Are they truly equivalent concepts, or do they differ significantly, and how significant are these differences for the implementation of family rights? In fact, these legal concepts are close in content, functions, and purpose. However, there are differences: subjective rights and legitimate interests are not identical—they represent "different forms of legal permissibility." A legitimate interest is a simple form of legal permissibility that has a desirous nature, lacks a clear indication of how to act or demand appropriate behavior from others, and is not secured by a specific legal obligation. This distinction can serve as the main criterion for differentiating between legitimate interests and subjective rights. Legal obligations correspond to subjective rights but not to legitimate interests since they are ensured in another, different way. The interest acts as a connecting link between various benefits and subjective rights. Only the most important, significant, and socially necessary interests are formalized as subjective rights.From the above, it can logically be concluded that interest serves as an intermediary link between a person’s need, benefit, and the right enshrined in law and in specific legal relations—the subjective right of an individual or a family member. Interest may serve as a basis for the emergence of law and as its implementation goal. As a necessity to satisfy socially significant needs, interest precedes subjective rights, and subjective rights derive from it. Interest becomes a means of implementing subjective rights and legal obligations. On one hand, interest should be regarded as the basis for the emergence of law; however, in our opinion, the interest of the obligated person and the interest of the rightholder differ. Interest stimulates the emergence and development of legal relations—it International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 4 serves as the motive for behavior. Depending on the interest, corresponding rights and obligations arise and develop, leading to changes and movement in legal relations. When studying a legally protected interest, I.V. Venediktova identifies several stages in the "mechanism of implementing legally protected interests": 1) "Modeling and identifying the interest of the subject of legal relations"— through this, the interest rises from the level of benefit to the level of subjective interest; 2) "Ensuring the legality of this interest—its verification for compliance with the law," meaning the interest acquires a legal nature and, depending on its social significance, moves into the scope of subjective rights; 3) "Direct implementation of the legally protected interest—obtaining a specific material or non-material benefit, as well as a change in legal status"—this represents, from S.S. Alekseyev’s perspective, the stage of a legal fact in the implementation of a legal norm; 4) "If the implementation of the legally protected interest is not possible— initiating its protection and ensuring such protection, which ultimately leads to the positive realization of the legally protected interest." This stage of protection has its own distinctive features separating interest from law. 1. Шарахметова У. УКРЕПЛЕНИЕ В СЕМЬЕ ЛИЧНЫХ И ИМУЩЕСТВЕННЫХ ПРАВ ОБЯЗАННОСТЕЙ СУПРУГОВ НА ОСНОВЕ ПРИНЦИПА РАВЕНСТВА //Uzbekistan Law Review. – 2024. – Т. 17. – №. 4. – С. 9-15. 2. Шарахметова У. Ш. ЭР ВА ХОТИННИНГ УМУМИЙ МОЛ-МУЛКИНИ БЎЛИШ МУАММОЛАРИ //Oriental renaissance: Innovative, educational, natural and social sciences. – 2023. – Т. 3. – №. 1-2. – С. 602-610. 3. Шарахметова У. Ш. БОЛАНИНГ ҲУҚУҚЛАРИНИ АМАЛГА ОШИРИШНИНГ АСОСИ СИФАТИДА– УНИНГ ЯШАШГА БЎЛГАН ҲУҚУҚИ //Oriental renaissance: Innovative, educational, natural and social sciences. – 2022. – Т. 2. – №. 10. – С. 277-288. 4. Shaakbarovna S. U. PROBLEMS OF SHARING COMMON PROPERTY OF HUSBAND AND WIFE //International journal of advanced research in education, technology and management. – 2023. – Т. 2. – №. 4. 5. Шарахметова У. Ш. ЭР ВА ХОТИННИНГ УМУМИЙ МОЛ-МУЛКИНИ БЎЛИШ МУАММОЛАРИ //Oriental renaissance: Innovative, educational, natural and social sciences. – 2023. – Т. 3. – №. 1-2. – С. 602-610.