The article analyzes court rulings,  which refer  to  traditional values or  to phenomena, which  are  essentially traditional  values  but  are  not  named as such  directly  in  the judicial  acts .  It  is  substantiated that  despite  the inclusion  of  traditional family values  at the  constitutional  level in the  sphere of legal regulation,  as well  as  the  statement of the  task to protect traditional  values  in a  number  of strategic  legal  acts,  the regulatory  potential of  traditional values is  not used  by  the courts  enough . The  expansion  of the  application  of traditional  values  by the  courts to justify the judicial acts will  be facilitated by the  normative  consolidation  of the  definition  of  traditional family  values,  their  list,  the criteria  for attributing phenomena  and  moral guidelines to such, as well  as the  inclusion of references to traditional  values  in the normative  legal acts .

The article considers the process of law formation as a two-unit process of spontaneous and planned-rational formation of legal norms system, providing the ordering of public relations under the influence of various factors of social development, receiving refraction in legally significant social interests and the subsequent reflection in the legal ideas. The ontological, axiological and epistemological aspects of this process are emphasized. By means of philosophical-legal methodology of law formation is presented in the form of twofold process of spontaneous and systematic-rational formation of legal norms, providing ordering of public relations.

The article proves the impossibility of waiver and restriction of general family legal capacity in view of its abstractness and inalienability from the personality of the bearer, while it is possible to restrict and waive only a subjective right . Almost all examples of waiver and restriction of legal capacity, which were previously cited by researchers, are not a waiver of legal capacity or its restriction, but a waiver (restriction) of rights or the exercise of a right . It is necessary to distinguish between legal capacities, which are part of the content of specific subjective rights, and abstract capacities, which constitute elements of legal capacity. In spite of the fact that waiver of legal capacity in general is impossible, it is possible to waive individual capacities included in the structure of legal capacity, for ex ample, it is possible to waive reproductive legal capacity as a variant of parental capacity, if the person resorts to medical sterilization.