A Conceptual Framework for the Russian Family Law Development

Ideas about the family existing in the society serve as a prerequisite for the legal regulation of family relations; they are formed under the influence of a number of factors. The state as a specific institution organizing and regulating the society cooperates in a certain manner with the Family, law being the most important tool of regulation. Activities of the State authorities should ensure preservation and development of the society, its demographic well-being, which cannot but be reflected in legislation. The analysis of the RF Constitution and the main political and legal sources forming the Russian state family policy leads to the conclusion that the support and protection of a "traditional" family is declared as its priority. This conceptual ideological approach meets the interests of the development of the Russian society and is shared by the majority of the population. The basic source of Family Law, the RF Family Code, is generally aimed at solving the problem of preserving a traditional family organization and may be considered as a normative basis for its further development. Legalization of the so-called "family transformation" processes can have a negative impact on the institution of the family and, in fact, leads to a legal deformation of this category. The author makes a general evaluation of draft laws in the area of the family legislation that provide for unjustified interference of state authorities and non-profit organizations in family relations from the perspective of the necessity to support and protect the family and traditional values; further devaluation of the value of motherhood due to the deprivation of a surrogate mother of the right to formalize her motherhood.

«трансформация» семьи, RF Family Code, Family Law, family policy, traditional family, "transformation" of the family, deformation, regulatory framework, draft laws, right of a surrogate mother, interference in family relations

1. Комментарий к Конституции Российской Федерации. - 2-е изд / под ред. В. Д. Зорькина. - М. : Норма ; ИНФРА-М, 2011. - 791 с.