Conceptual Principles of the Upbringing Function in Russian Civil and Family Law

Abstract

The paper analyzes the influence of the norms of civil and family law on the upbringing of a person. First, the authors focus on the powerful educational potential of the principles of integrity and justice. The paper also analyzes provisions of Russian civil and family law that require achieving a balance of personal and public interests (the principle of combining personal interests with public ones). The paper highlights that upbringing as a function is not only known to civil and family law, it is the main, defining function of Russian civil and family law. This function is aimed at educating or re-educating participants of civil and family law in a direction appropriate for society. According to the authors, legislative recognition of the upbringing functions of civil and family law is necessary. This can be solved by the preamble in the Civil Code of the Russian Federation and the Family Code of the Russian Federation, where, among other tasks and directions of the relevant legislation, the upbringing function is indicated. The principles of good faith, justice, and a combination of personal interests with public ones form the foundations of upbringing functions in Russian civil and family law, since the existence of a person as a biosocial being outside society is impossible.