The state’s interest in regulating family relations is expressed in Article 7 of the Constitution, in accordance with which the country provides support for paternity, motherhood, childhood and the family. Currently, the problems existing in this area are becoming increasingly relevant.
The family law system of the Russian Federation: definition
The sphere under consideration is a complex of various institutions and regulations that are expressed in the structural components of SC. Currently, the Code contains 8 sections, 21 chapters, 171 articles. The family law system includes provisions governing matters:
- Marriage.
- Duties and rights of spouses.
- Parental relationship.
- Maintenance obligations.
- Forms of education of minors left without parental care.
- Relations with foreigners and stateless persons.
History reference
The system of family law in Russia existed on the basis of traditions and rites. Relations between people were regulated by customs. The first law that secured the family law system is Nomokan. It was a meeting in which mainly canonical rules and secular decrees of the Byzantine emperors were present. Nomokan began to be used in Russia after the adoption of Christianity. This meeting was an interpretation of the concept of marriage. The family law system was enshrined in the Code of 1551, as well as the Code of 1648 during the reign of Peter the Great, the decree of 1714 and 1722 were the key provisions governing this area. In the late 19th and early 20th centuries , the family law system was regulated by the Code of Laws. This act was fundamental until the October Revolution. After 1917, the Decree on Children, Civil Marriage and other acts were passed. In 1918, on October 22, the first codified legal code was approved. It consisted of laws governing acts of civil status, marriage, guardianship. Since 1926, the updated Code began to operate in the country. During the Second World War, decrees were approved aimed at strengthening assistance to pregnant, single and large mothers. These acts also established awards for women who made a special contribution to the development of the family institution in the country. From 1969 to 1996, the Codex was again updated. Since March 1, 1996, it has lost force in connection with the approval of the new UK.
Concept specificity
Currently, there are several approaches in accordance with which the family law system is interpreted. As a branch of law, certain characteristics are inherent in it. In particular, it consists of a set of provisions that govern the relevant relations. In addition, the family law system is a complex of knowledge about certain phenomena occurring in the sphere of personal relations between people. Today, in many institutes, a discipline is taught, in the framework of which the study of existing legislative acts, the characteristics of the regulation of relations in this field is carried out.
Thing
The family law system of the Russian Federation regulates a complex of specific relations. They are formed between a man and a woman who marry. Meanwhile, neither earlier, nor at present, the concept of the family is enshrined in the legislation. Codes in force today have interpreted this term in different ways. In science, the concept is considered in legal and sociological meanings. In the latter case, the family is called a union of citizens based on marriage, actual marital relations and kinship, adoption of minors. These relations are characterized by a commonality of interests, life, and mutual concern. On the legal side, the family acts as a circle of persons who are bound by duties and rights arising from kinship, marriage, adoption, or another form of adoption of children.
Classification
In Presidential Decree No. 712 of 05/14/1996 in paragraph 3, the concepts of an incomplete, complex and simple family are given. In the latter there are spouses with or without children. A complex family consists of two or more pairs. For example, when a husband and wife live with someone else's parents. Single-parent families include, as a rule, single mothers, divorced and widows with one, less often two children.
Relationship participants
Family members can be determined based on an analysis of the composition of the subjects of relations regulated by this branch of law. These include:
- Spouses whose marriage is registered with the registry office.
- Children and parents.
- Grandchildren and grandparents.
- Sisters, brothers and other relatives.
- Adopted and adoptive parents.
- Trustees, guardians and wards.
- Foster children and their parents.
- Stepmother, stepfathers, stepdaughters and stepsons.
- Actual educators and their pupils.
Regulation Features
The family law system consists of general and special requirements . They apply to property and non-property relations in marriage. It is worth noting that the emerging interactions are in many ways similar to civil-law relations between entities. The regulation method is the same. Meanwhile, the family law system consists of norms, the features of which are related to the specifics of relations. Among the key features of these interactions should be noted:
- Productivity of property relations from non-property.
- The specific subject composition. Individuals act as participants, except for a number of cases. An exception is cases when the duties of trustees / guardians in relation to children staying in educational, medical and other similar institutions are performed by the administration of these institutions.
- The continuity of relations with the personality of the subject. The family law system consists of provisions that do not allow the continuity of duties and legal possibilities. This means that they cannot move from one person to another. For example, this applies to maintenance obligations. The subject cannot transfer them to another person.
- Gratuitousness.
- The presence of legal facts requiring state registration for the emergence of relations.
It is worth saying that not all of the above signs can be considered unconditional. Nevertheless, they allow expressing the specifics of relations in the field of family law.
Important point
The family law system in the Russian Federation applies only to relations based on officially registered marriage. If a man and a woman have not registered their marriage with the registry office, their property interactions are regulated by the provisions of the Civil Code. For example, everything acquired by subjects in an official marriage is considered to be jointly acquired wealth. If the relationship is not registered, then the direct purchaser of the property or the person who acquired it will act as the owner. The official spouse should know that, for example, when purchasing property during the marriage, he can subsequently make another transaction with it (exchange, sale, etc.) he can only with the consent of the spouse, certified by a notary.
Regulation method
Due to the fact that family relations are mainly personal in nature, the state influence should not be excessive and cause infringement of the interests and rights of individuals. Meanwhile, in history there are cases when the regulation was quite strict. For example, in the Roman Empire, Augustus, struggling with demoralization and licentiousness, established the universal obligation of citizens who have reached a certain age to enter into marriage and have children. However, this situation did not exist for long. Today, the method of regulating family relations can be considered dispositive. This is due to the following. In most cases, family relationships arise at the mutual desire of the subjects. This, in particular, marriage or its dissolution, adoption of children, etc., however, there are relationships that arise against the will of citizens. For example, this concerns the forced payment of alimony, the deprivation of parental rights, etc. Many issues that were previously regulated by peremptory provisions are now regulated by dispositive acts. In particular, spouses are given the right to draw up a marriage contract and determine in it the fate of their property. Otherwise, material values acquired together will be subject to general norms. Meanwhile, the relations under consideration are also regulated by peremptory provisions. First of all, such norms protect the interests of minors, the disabled and other unprotected categories.
Principles
The key provisions on which the family law system is based are enshrined in the Constitution. In addition, the most important principles are enshrined in Presidential Decree No. 712 of 05/12/1996. Among them should be noted:
- Autonomy and independence of the family when making decisions regarding its development.
- The priority of the interests of the child, regardless of the order of birth and the place where he is brought up.
- Equality of families and their members in the exercise of the right to support. This principle applies regardless of social status, place of residence, nationality, religious beliefs of citizens.
- Equality between women and men. This principle aims to ensure a fair distribution of responsibilities.
- Unity of family law policy at the regional and federal levels.
- Partnership between the state and the spouses.
- The adoption by the authorities of obligations to unconditionally protect families from deprivation and poverty associated with involuntary resettlement, wars, emergencies, and armed conflicts.
- Implementing a differentiated approach to providing guarantees aimed at maintaining an acceptable quality of life for disabled relatives.
- Stability and continuity of public policy measures in the field of family law.
Warranty
The implementation of key provisions of state policy in the field of family relations is carried out not only through industry standards, but also in combination with other laws. In particular, the Labor Code establishes guarantees for minor children and pregnant women in the performance of their labor functions. Social security rules regulate the procedure and types of benefits for citizens who have children. So, the following types of payments are established:
- Maternity.
- A lump sum allowance for a woman who was registered in the early period of the antenatal period.
- Payment at birth. She is appointed at a time.
- Childcare allowance for children under 1.5 years of age (provided monthly).
- Other payments.
Conclusion
In the sphere of family relations, no restriction of the rights of subjects is allowed, except in accordance with federal law. Moreover, it is possible to the extent that it is required to ensure the protection of morality, interests, health of other family members and other persons. So, for example, during the entire period of pregnancy and throughout the year from the date of birth, the spouse cannot file for divorce without the consent of the spouse. Such an order is aimed at protecting the interests and health of mothers and children. Citizens who do not fulfill their duties in relation to a minor child are deprived of parental rights. In these and other similar cases, state policy is aimed at implementing the guarantees established in the Constitution and the UK.