Шершень Т.В. О принципе укрепления семьи в России

Аннотация: 2008 year is announced a Family Year. Along with this, necessity of developing different attitude to a family from state and society puts the task of providing a national priority of healthy and having many children family not for one year but for decades. The article is ablout the principle of strengthening a family as one of fundamental principles of a family law of the Russian Federation. Here are being investigated provisions of a family law of Russia, aimed at implementation of the principle of necessity of strengthening a family, being disclosed its contents and analyzed problems which take place in law enforcement practice. Here are being researched basic problems of a modern Russian family and possible approaches of its solution from the position of optimization of private and public sources in legal settlement of family relations. Among basic sources of family law in paragraph 1 article 1 of Family code the Russian Federation is proclaimed: “Family, maternity, fraternity and childhood in the Russian Federation are under protection of the state. Family law origins from necessity of strengthening a family, building family relations on feelings of mutual love and respect, mutual aid and responsibility before a family and its members, inadmissibility of accidental interference in family matters, providing free exercising of rights by members of a family and possibility of legal protection of these rights.” A family is the basis of a society and it is exactly because a society itself cannot exist without a family. A family is a mirror of a society, it changes as a society changes, reflecting complications and problems of a certain stage in development of public relations. Tendencies of modern stage of development of a Russian society are low birth rate and high mortality, preserving of which, as it was mentioned in the report of UNO in April, may lead to the population of Russia by the beginning of 2025 to be reduced till 125–135 mln of people, and by 2050 – by 100 mln people. Unfortunately, not only characteristics of birth rate and mortality indicate instability of a Russian family, but data of registered and dissolved marriages ratio, where there are about 6–7 divorces for 10 registered marriages. To strengthening of a family have been aimed a lot of standards of Family law, first and foremost, Family code of the Russian Federation: firstly, regulation of relations, preceding registering of marriage has the aim to create conditions, promoting strengthening a future family (art. 11–15 Family code of RF); Secondly, consolidation of the provision, limiting a husband’s right without a wife’s consent to start a divorce case during her pregnancy and within one year of a child’s birth (art. 17 Family code of RF); Thirdly, concession the court of a right (in the absence of consent of one parent to divorce) to postpone the trial of the case, setting the date of reconciliation within three months (prov. 2 art. 22 Family code of RF); Fourthly, acceptability of divorce only when the court establishes that future joint life of spouses and preserving of a family is not possible (prov. 1 art. 22 Family code of RF); Fifthly, acceptability by the court to recognize marriage valid even when conditions of entry into marriage have been violated and there are grounds to recognize marriage not valid, if by the moment of trying the case those circumstances, which due to force of law prevented entry into marriage, have fallen away (prov. 1 art. 29 Family code RF); Sixthly, current family law does not admit parents’ refusal of parents’ rights, parents can be deprived of parents’ rights only on the grounds, the closed list of which is stipulated in the law and in order, established by the law (art. 69, 70 Family code of RF); Seventhly, deprivation of parents’ rights is not considered as a final measure and therefore current legislature admits possibility of restoration of parents’ rights (art. 72 Family code RF); The present article is devoted to investigation into these and many other provisions, aimed at strengthening a family.

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Abstract: 2008 year is announced a Family Year. Along with this, necessity of developing different attitude to a family from state and society puts the task of providing a national priority of healthy and having many children family not for one year but for decades. The article is ablout the principle of strengthening a family as one of fundamental principles of a family law of the Russian Federation. Here are being investigated provisions of a family law of Russia, aimed at implementation of the principle of necessity of strengthening a family, being disclosed its contents and analyzed problems which take place in law enforcement practice. Here are being researched basic problems of a modern Russian family and possible approaches of its solution from the position of optimization of private and public sources in legal settlement of family relations. Among basic sources of family law in paragraph 1 article 1 of Family code the Russian Federation is proclaimed: “Family, maternity, fraternity and childhood in the Russian Federation are under protection of the state. Family law origins from necessity of strengthening a family, building family relations on feelings of mutual love and respect, mutual aid and responsibility before a family and its members, inadmissibility of accidental interference in family matters, providing free exercising of rights by members of a family and possibility of legal protection of these rights.” A family is the basis of a society and it is exactly because a society itself cannot exist without a family. A family is a mirror of a society, it changes as a society changes, reflecting complications and problems of a certain stage in development of public relations. Tendencies of modern stage of development of a Russian society are low birth rate and high mortality, preserving of which, as it was mentioned in the report of UNO in April, may lead to the population of Russia by the beginning of 2025 to be reduced till 125–135 mln of people, and by 2050 – by 100 mln people. Unfortunately, not only characteristics of birth rate and mortality indicate instability of a Russian family, but data of registered and dissolved marriages ratio, where there are about 6–7 divorces for 10 registered marriages. To strengthening of a family have been aimed a lot of standards of Family law, first and foremost, Family code of the Russian Federation: firstly, regulation of relations, preceding registering of marriage has the aim to create conditions, promoting strengthening a future family (art. 11–15 Family code of RF); Secondly, consolidation of the provision, limiting a husband’s right without a wife’s consent to start a divorce case during her pregnancy and within one year of a child’s birth (art. 17 Family code of RF); Thirdly, concession the court of a right (in the absence of consent of one parent to divorce) to postpone the trial of the case, setting the date of reconciliation within three months (prov. 2 art. 22 Family code of RF); Fourthly, acceptability of divorce only when the court establishes that future joint life of spouses and preserving of a family is not possible (prov. 1 art. 22 Family code of RF); Fifthly, acceptability by the court to recognize marriage valid even when conditions of entry into marriage have been violated and there are grounds to recognize marriage not valid, if by the moment of trying the case those circumstances, which due to force of law prevented entry into marriage, have fallen away (prov. 1 art. 29 Family code RF); Sixthly, current family law does not admit parents’ refusal of parents’ rights, parents can be deprived of parents’ rights only on the grounds, the closed list of which is stipulated in the law and in order, established by the law (art. 69, 70 Family code of RF); Seventhly, deprivation of parents’ rights is not considered as a final measure and therefore current legislature admits possibility of restoration of parents’ rights (art. 72 Family code RF); The present article is devoted to investigation into these and many other provisions, aimed at strengthening a family.

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