Рарог А.И., Хелльманн Уве, Головненков Павел Торговля людьми в российском и немецком уголовном праве

Аннотация: The majority of the present-day states assign monogamy as the main principle of the family law: a new marriage can not be contracted until another marriage is dissolved. The exception is some Moslem countries, countries of tropical Africa and of South-eastern Asia permitting such marriage forms as polygyny and polyandry along with monogamy. However, polygamy forms of marriage existed in the Old Rus state. Monogyny appeared only during the Christian era and polygyny reigned during the Pagan era. Since 1917 a complete freedom of divorce has been given; an application for a new marriage was proposed to be considered as a sufficient ground for dissolving of the prior marriage. At the same time, not only the registered marriage status of one or both applicants was an obstacle to enter into a new marriage but also the valid registered marriage status (for example, wedded marriage or actual cohabitation). At present an issue of legalization of polygamy is raised in some Subjects of the Russian Federation, in particular, in the Republics of Tatarstan, Ingushetiya and Chechnya. The public at large and the legal community oppose such establishments, the main argument of legalization of polygamy being the statement of infringement of rights of women. However, this argument is not convincing as it is the rights of women in unregistered polygamy units that are not protected. It is considered that temporary or permanent marriage of one woman with only one man is the achievement of women; it is stated that polygamy has been humiliating for a woman. Nevertheless, the status of a common law wife lacking rights is more humiliating for a woman, including contemporary women, and in case of illegitimate children it is a complicated procedure of affiliation with an alleged natural father in the absence of the good will thereof. The author considers it to be expedient to establish polygamy as the permission to register marital relationships subject to certain conditions. The first one is the means of a man, his capability to support his wives and children in an equally worthy manner. The second one is the consent of women to the status of polygamy since a voluntary marriage is not done away with. The article also analyzes the world-wide experience with regard to monogamy and polygamy as the marriage forms. The author comes to a conclusion that monogamy turns out to be a stable family form but the duration of its existence, nevertheless, has resulted in its modification. Polygamy can not be prohibited in such a society in which conjugal infidelity is not criminalized and free sexual relationships are possible, etc. However, one of the missions of a polygamy marriage is to guarantee a possibility that every woman has a family and children.

Abstract: The majority of the present-day states assign monogamy as the main principle of the family law: a new marriage can not be contracted until another marriage is dissolved. The exception is some Moslem countries, countries of tropical Africa and of South-eastern Asia permitting such marriage forms as polygyny and polyandry along with monogamy. However, polygamy forms of marriage existed in the Old Rus state. Monogyny appeared only during the Christian era and polygyny reigned during the Pagan era. Since 1917 a complete freedom of divorce has been given; an application for a new marriage was proposed to be considered as a sufficient ground for dissolving of the prior marriage. At the same time, not only the registered marriage status of one or both applicants was an obstacle to enter into a new marriage but also the valid registered marriage status (for example, wedded marriage or actual cohabitation). At present an issue of legalization of polygamy is raised in some Subjects of the Russian Federation, in particular, in the Republics of Tatarstan, Ingushetiya and Chechnya. The public at large and the legal community oppose such establishments, the main argument of legalization of polygamy being the statement of infringement of rights of women. However, this argument is not convincing as it is the rights of women in unregistered polygamy units that are not protected. It is considered that temporary or permanent marriage of one woman with only one man is the achievement of women; it is stated that polygamy has been humiliating for a woman. Nevertheless, the status of a common law wife lacking rights is more humiliating for a woman, including contemporary women, and in case of illegitimate children it is a complicated procedure of affiliation with an alleged natural father in the absence of the good will thereof. The author considers it to be expedient to establish polygamy as the permission to register marital relationships subject to certain conditions. The first one is the means of a man, his capability to support his wives and children in an equally worthy manner. The second one is the consent of women to the status of polygamy since a voluntary marriage is not done away with. The article also analyzes the world-wide experience with regard to monogamy and polygamy as the marriage forms. The author comes to a conclusion that monogamy turns out to be a stable family form but the duration of its existence, nevertheless, has resulted in its modification. Polygamy can not be prohibited in such a society in which conjugal infidelity is not criminalized and free sexual relationships are possible, etc. However, one of the missions of a polygamy marriage is to guarantee a possibility that every woman has a family and children.