Informational legal relations involving parents under family legislation

The existence of informational legal relations of parents is substantiated. The informational duties of educational and medical institutions in relation to the parents living apart from their child are examined. The definition of informational legal relationship is given. It is proposed to amend Paragraph 2, Article 65 and Paragraph 4, Article 66 of the Family code of Russia. The article is devoted to the problem of informational legal relations of parents that was not previously explored. There are neither articles nor monographs on this subject in legal literature. In the current Family Code the term «information» is used only in several rules, regulating parental relations. Parents have the right to receive information in respect of all matters of educational, health and other social services. Therefore, the author analyzes the corresponding federal laws: «On education in the Russian Federation» № 273-FZ of 29.12.2012 and «On the fundamentals of protection of health of citizens in the Russian Federation» № 323-FZ of 21.11.2011. Informational legal authority complies with the obligation of organizations listed in the law. The theory of law originates from the interrelationship of subjective rights and legal responsibilities. These two concepts form the essence (content) of a legal relationship. Two other elements are the subject and the object. The article substantiates the existence of informational legal relations involving parents. Paragraph 4, Article 66 of the Family Code points the informational duty of organizations as the subjects, first and foremost, the responsibility of educational and health organizations. Accordingly, the object of these legal relations is information (data). This obligation is certainly an informational one and the right to information of the parent is an informational legal authority. According to Article 66 of the Family Code, the entities providing relevant services are obliged to provide the necessary information to the parent who lives apart from his child. It is necessary to include a parent who lives with his child into the list of entities of the above article as a person, having the information about the child. Informational legal relations are proposed to be a doctrinal concept. Informational legal relations are regulated by the norms of different branches of national legislation, the subjects of which involve mutual rights and responsibilities in connection with the information on the material circumstances of life of a certain circle of persons. The rules governing the above relations belong to different branches of public and private law. The author concludes that firstly, the theory of informational legal relations only starts its formation. Secondly, there is an obvious need for a change of legislation, with a view to improve it. Thirdly, informational legal relations of parents need a deep theoretical study. Fourthly, it is necessary to supplement Articles 65 and 66 of the Family Code of the Russian Federation.

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