The Place of Family in the Legal Space: Legal Characteristics of Family inthe Russian Federation and in Some Foreign Countries. Rule-Making Experience and Problems

Abstract

The paper attempts to determine the place of the family in the social and legal field, justifies the need to determine the ability of the family to be the object of legal influence. Family is defined not only as an object of legal protection and protection, but also as an object of legal regulation. The author substantiates the feasibility for expanding the impact on family relations of both the protective and regulatory functions of law. The author defines the concept of legal characteristics of the family, which is a normative definition of the concept of a family as a social institution and as a specific organizational formation, that is, a small social group. According to the author, legal characteristics of the family include the concept of family, family members, grounds for creation and legal personality. This concept is formulated on the basis of an analysis of family legal acts of a number of states, primarily those that were part of the USSR, as well as legislative acts of a number of subjects of the Russian Federation containing norms defining the legal status of the family. Special attention is given to the problems of the legal personality of the family as a social institution and as a specific union of individuals. The legal personality of the family is understood as the legal possibility to have rights and bear obligations to society and the state within the social functions performed by the family. Based on generalized scientific data, legislative work in the Russian Federation in the early 1990s and the rule-making experience of certain foreign countries, it is concluded that at present Russian society is not ready to recognize the family as a subject of law, but in the future such a need will arise in connection with the adoption of measures of state protection, protection and support of the family in order to distinguish families from other unions of persons living together. It is proposed to consolidate the definition of the concept and other elements of the legal characteristics of family in a special chapter of the Family Code of the Russian Federation, taking into account the rule-making experience of neighboring states and constitient entities of the Russian Federation.