Norms of the Basic Law determines all aspects of our being: the state-political, economic, social, moral and spiritual.
ideally, the Constitution should Express in the language of law the main values of our society. The degree of protection of the family, the rights of children is an important indicator of the level of social guarantees of the state.The family was and remains one of the main mechanisms for the reproduction and improvement of society through the accumulation and transmission to future generations of experience, tradition and basic values.
Increasing social significance of the family, strengthening of marriage and family relations – all this has a direct bearing on the further development of the country. The family is the Foundation of both society and the state.
it is No accident the universal Declaration of human rights 1948, the Convention of United Nations on the rights of the child 1989 it is noted that the family as natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance.
the institution of the family in the constitutions of most States is a subject of special support.
Referring to the Russian political and legal history, it is worth noting that the first Soviet Constitution (1918, 1924, 1925) was aimed at solving above all socio-technical task and did not affect family relationships.
the code in the country was devoted to marriage and family.
In 1918, was the code of laws on acts of civil status, marriage, family and guardianship law.
According to article 154 of the Code, “parents are obliged to care of the person of minor children, their education and prepare them to useful activities.”
above all, However, the code was sent to destroy the traditional, so-called bourgeois family by prohibiting the ecclesiastical procedure of the marriage and complete exclusion of the private law aspects of family relationships.
the wave had arisen in the first years of Soviet power, the sexual revolution proclaimed non-interference of the authorities in relations to married couples, and that parenting was supposed to be transferred to the state. Already eight years later, in 1926, the Federation has acted, the Code of laws on marriage, family and guardianship paved the allocation of family relations to control an independent branch of law with a predominance of public legal norms.
But with the consolidation of Soviet power the leftist tendencies of the first post-revolutionary years had given way to the understanding of the family as the cornerstone of society and the state. At the level of Primary norms associated with protection of the family, first appeared in the Constitution of the USSR 1936, article 122 mentions about the state protection of interests of mother and child, state aid large families and single mothers, giving women pregnancy leave with pay, on a wide network of maternity homes, nurseries and gardens.
the Constitution of the USSR 1977, article 53 for the first time establishes that “the state takes care of the family by creating and developing a wide network of childcare facilities, allowances on the occasion of the birth of the child, granting benefits to large families, as well as other types of benefits and assistance to the family.”
the Russian Constitution of 1993 proclaimed the principle of the social state (article 7), finding that in the Russian Federation, the family is under the protection of the state and provided by the state family support, motherhood, paternity and childhood (article 7, article 38).
During the period of validity of the 1993 Constitution has created a database of legal regulation of family relations. Adopted the Family code, several Federal laws – in particular, “On additional guarantees on social support of children-orphans and children left without parental care”, “On basic guarantees of child rights in the Russian Federation”. And the Federal law “On guardianship and custody”, which ordered the rights and obligations of bodies of guardianship and guardianship, a revision of forms of placement of children in family, adoptive and foster families related to the types of “paid” custody and guardianship.
In recent years actively developing legislation in the sphere of property relations between family members. Introduced in 2019 in the Civil code construction of joint wills and succession agreement allow for the implementation of the achieved de facto family arrangements about inheritance, and how the content of individual family members.
the last point but not least, this important change family law to allocate Federal law “On amendments to article 54 of the Family code of the Russian Federation and article 67 of the Federal law “On education in Russian Federation”. The law establishes that children living in the same family, have the right of admission to training on the basic educational programs of preschool education and primary education in state and municipal educational institutions, which educate their brothers and (or) sisters.
Made by many, however there are gaps and deficiencies, there are new relationships that require regulation. After all, the Constitution of 1993 has been working for 26 years. You can talk about a gradual change in the life of the state and society over the years. It becomes apparent request details and specification of legal regulation, including in family relations. In the current agenda of the rights of children, including ��when parents divorce, issues of property relations between spouses, the development of reproductive technologies. Popular institutions of adoption and guardianship.
So, on April 1, 2020, in the state databank on children left without parental care, was 44,228 thousand questionnaires. For comparison: in 2008 there were – 115,6 thousand According to Rosstat, the share of children entrusted to the care of a family, the total number of children left without parental care, in 2017 was 88.6%. However, there are many controversial, are not adequately addressed questions.
unfortunately, it is not always adequately guaranteed the rights of the child. For example, according to Rosstat, in 2017 was terminated 298 contracts at the initiative of guardianship and guardianship due to improper performance of the foster parents of their responsibilities.
what is Happening in society changes require a holistic, systemic reactions of the legislator. The law of the Russian Federation on the amendment to the Constitution of the Russian Federation of 14 March 2020 № 1-FKZ “On improving the regulation of certain issues of organization and functioning of public authorities,” much attention was paid to the issues of family policy, based on the fact that the Central value for family law – the interests of minor children. However, the legislator believes that the welfare of the child is inextricably linked to the welfare of the family and they are determined.
first, the Law on the amendment of the Constitution establishes that children are the most important priority of Russian state policy. The state creates conditions conducive to the comprehensive spiritual, moral, intellectual and physical development of children, teaching them patriotism, citizenship and respect for elders. The state, ensuring the priority of family upbringing, takes on parental responsibilities towards children without parental care (part 4 of article 67.1).
second, the authority of the government of the Russian Federation related to the provision of the Russian Federation of a uniform socially-oriented state policy in the field of culture, science, education, health, welfare, support, strengthen and protect families, preserve traditional family values (paragraph “C” of part 1 of article 114).
third, were adjusted articles 71 and 72 of the Constitution. Among the issues exclusive charge of Russia is the establishment of a unified legal framework for the health system, system of upbringing and education, including continuing education (p. “e” of article 71).
specific issues of joint conducting Russia and its subjects the protection of the family. To them additionally include: protection of the institution of marriage as the Union of man and woman; creation of conditions for worthy education of children in the family, as well as for the implementationthe implementation of adult children’s duties to care for their parents.
At first glance the above rules look somewhat declarative. It would seem that everything is clear – children need to learn respect for their elders, and parents to undertake efforts for worthy education of children in the family. Why write about this in the Constitution? Moreover, there are “basic” articles of the Constitution – 7, 38, 39, 43. There may be more “practical” questions – how, for example, the government will maintain the traditional family values? What is it all about?
it is worth noting that the constitutional rule-making is of special nature. The majority of the constitutional norms are the norms, principles, rules, Declaration, and purpose. The purpose of the constitutional legislator is to build a complex system: there are values in the Constitution have specific instructions on these tasks the government of the Russian Federation, as well as their continuation and development in the powers of the constituent entities of the Russian Federation, municipal formations. This should serve as enshrined in the constitutional amendments, the principle of unity of system of public authorities (changes in article 132 of the Constitution).
that’s right. After all, the protection of family values is a complex one, carried out by the state, subjects of the Russian Federation, municipal formations, by influencing the social relations of norms of different branches of law (family, civil, labor, housing, etc.). On the basis of constitutional norms should develop sectoral Federal and regional legislation.
the State family policy implies the preservation of traditional family values and the role of the family in society. While traditional family values are, in essence, is the family, motherhood, fatherhood, childhood. As noted by the constitutional court of the Russian Federation in the resolution from September 23, 2014 No. 24-P, in the sense of article 38 of the RF Constitution, the family, motherhood and childhood are values that provide a continuous change of generations, are the maintaining and development of the multinational people.
it is important to remember that in family law there is no legal definition of the family. Because the concept of “family” does not and cannot have a clear and immutable content. The legal concept of “family” is filled depending on the purpose of regulation, different legal content. Primarily through the interpretation of the notion “family members”.
In article 2 of the Family code to family members related spouses, parents and children (adoptive parents and adopted children). At the same time indicated that family law cases and to the extent provided by law, also regulates the relationship between other relatives and other whether��s and, in addition, determines the form and order of devices in the family of children left without parental care.
For the purposes of housing legislation is primarily important is the fact of living together. So the baseless fear that, if a single mother raising a child, this is not the traditional family and she will be under protection of the state. The Law on the amendment of the Constitution there is no discrimination in terms of concepts of the family.
it’s worth to mention that the Constitution earlier was mentioned about the protection of children’s rights. Although an adequate legal framework for the protection of children is the key to the future of the state. Not coincidentally, the same Convention on the rights of the child 1989, recognizing that the child, for the full and harmonious development of his or her personality should grow up in a family environment, in an atmosphere of happiness, love and understanding, requires signatory States to provide children necessary for their well being protection and care.
In the preparation of the Law on the amendment of the Constitution, the President created a working group for a long time looking for the appropriate wording. At first I wanted to point out that the children is the most important value in Russia. After discussions it was decided to: children are the heritage of the Russian Federation, but in the end accepted the wording that says that children are a priority of Russian state policy. This is in a sense a development of the provisions of the Federal law “On basic guarantees of children’s rights in the Russian Federation” according to which public policy in the interests of children is a priority.
Now in the current Constitution there is no mention about children, left without parental care. Obviously, this important social issue requires further legislative disclosure. The promise of the amendment was to consolidate the state’s obligation to ensure decent conditions for the child that is in tune with international law. Recall that according to article 20 of the Convention on the rights of the child, the child deprived of a family environment is entitled to special protection and assistance provided by the state. States parties in accordance with their national laws ensure replacement care for such a child.
Initially, the working group was the proposal to specify that the state assumes parental responsibilities in respect of such children. In the discussion to these words he added: the government will first of all ensure the priority of family education.
This postulate refers to the main principles of family law (article 2 of the Family code) and is developed in article 123 of the UK. Thus, children left without parental care, shall be transferred to the family to education, but when this is not possible, temporarily, for the period until their device to a family for rearing, are transferred to organizations for children-orphans and children, left without parental care, of all types.
From the above constitutional amendments implies that the state takes on increased responsibilities in the family sphere.
We see that the constitutional principles laid down in the amendments that are in demand now. In connection with the pandemic coronavirus quickly developed a set of additional economic support for families. Anticolonialism by law since June 1, 2020 provided for an increase in the monthly allowance for child care up to RUB 6752 in addition, decrees of the President of the Russian Federation introduced additional payments to the citizens having children. We are talking about monthly payments in the April – June 2020 in the amount of 5 thousand rubles for each child under the age of 3 years. June 1, 2020, citizens will be able to receive a lump sum payment in the amount of 10 thousand rubles for each child aged 3 to 16 years. Also introduced additional monthly payment for each child aged 3 to 7 years, order and terms of which are determined by the constituent entities of the Russian Federation. In addition, the resolution of the government of the Russian Federation in April – June 2020 increased the size of unemployment benefits at the rate of 3,000 roubles for each child.
it is Necessary to emphasize that the future task of the state family policy should be the strengthening and development guarantees support a family. You should pay attention to the development of the procedure of transfer for adoption (adoption), under guardianship (trusteeship and patronage) of children-orphans and children left without parental care, including follow-up measures of state support. A mechanism of state support in this sphere has already been formed. The future task should be the legislative strengthening and development of existing safeguards. We are talking about the procedures for communication on adoption (adoption), under guardianship (trusteeship and patronage) of children-orphans and children left without parental care, including follow-up measures of state support.
new measures should pay attention to the fact that from 1 February 2020 when the transfer of one child to a family for rearing allowance is 18 004,12 RUB, and the adoption of a disabled child, child older than seven years, children who are brothers and (or) sisters; 137 566,14 RUB.
the Payment of specified state benefits are at the expense of subventions granted to budgets of constituent entities of the Russian Federation from the Federal budget. State benefits provided to the guardians and caregivers of children, is also a monthly child allowance. Payment of this benefit is at the expense of means of budgets of subjects of the Russian Federation.
Provided at the Federal level, guarantee the rights to education, to health care, to housing against children, the surcontains without care, should also be encouraged. You can use the experience of individual regions.
for Example, in the Ulyanovsk region in such cases kompensiruet part of the contribution for capital repairs. In the Nizhny Novgorod region provides priority to provide children with places in preschool educational organizations, organizations engaged in treatment, rehabilitation and recreation of children; one day a month free admission to state museums. A foster family is given a monthly monetary compensation in the amount of 100 percent payment for housing and communal services in part attributable to a foster child (children) the share of payment for these services.
you want to talk about the system and about the point changes. Currently, until January 1, 2021, establishes the right of children left without parental care, on admission to training on bachelor and specialist programs within the established quotas (article 71, 108 of the Federal law “On education in Russian Federation”). We believe that this right should be perpetual.
it is Possible to consider simplifying the procedure for obtaining state support of foster families. Now she has declarative character, that is, the funds are transferred after the treatment foster parents. Data transfer to support such parents should be in the order of interdepartmental information interaction, in order to spare citizens from red tape.
the New constitutional provisions indicate the need to improve the rules on the foster and the foster family. It is obvious that the patronage need to be considered along with the foster family as a kind of paid care (custody).
the Individual requirements to foster education established by the Treaty and the act of appointment of a guardian (foster parent). In some cases, the regions of validity of the contract is very brief, which is not entirely in the interests of the children.
So, in the Tyumen region the transfer of the child (children) in a family foster carer is made by the decision of body of guardianship and guardianship for a period not exceeding six months based on the agreement on foster care. In addition, in some regions the responsibilities for patronage in respect of the child (children) placed on patronage, are foster parents free of charge, which also is consistent with the approach of the Federal legislator to this form of placement of children.
Obviously, the moral education of the child most effectively in the family. In this regard, it should actively develop and use socially-oriented organizations that could provide social, psychological counselling�� to adapt to a new family member. It is worth noting that considering a separate proposal to introduce a mandatory social-psychological examination of persons wishing to take care of the child, limiting the number of transferred children.
Now that there is no limit. At the government level, provided that the number of children in foster care, including native and adopted children, does not exceed, as a rule, eight people. However, changes in this area should be approached with extreme caution, so as not to violate the rights of children, the ability of close relatives to take children into the family.
of Course, the support of the institution of family is not confined only to the protection of the rights of children without parental care. An important element in overcoming difficult family situations is the implementation of measures aimed at prevention of family problems. We should agree with the view expressed in the science of opinion about the appropriateness of consideration of issues of participation of a psychologist, for example, by the courts when considering disputes related to the child’s place of residence or with determination of order of communication with children.
it is Necessary to develop legislation in the field of reproductive technologies, taking into account the need to ensure that interests of all participants of these relations, including child. Require further development of property issues among family members.
One of the important issues in the livelihood of any family is the purchase of their own homes, therefore, an important guarantee is the preservation and improvement of mechanisms of use of means of the parent (family) capital.
However, we must not forget that radical reform of family law regulation are dangerous, and some of the more radical proposals sometimes explicitly aimed at the destruction of the family. To enact certain types of measures of juvenile technologies involve undue state interference in family life and in General severely threaten traditional family values. Such, I may say, the technology violates the principle of priority of family upbringing of children. The task of the state in family policy has become not complete control over the relations of children and parents, and providing opportunities for the education of children and their development in all families and providing families in difficult circumstances, moral and material support.
From these positions, you must not give priority to administrative and judicial procedures for the consideration of many issues related to the rights of the child, including removal. All of this should be in detail regulated in the law. In addition, it is necessary to develop the use of the institutions of damages and moral harm caused to parents and childrenin the event of undue interference of the authorities in family relations.
the Part not yet entered into force amendments to the Constitution is actually working, they are reflected in the decrees of the President of Russian Federation Vladimir Putin and the laws to support the citizens and businesses
this was stated on Saturday at a meeting of the working group on preparation of amendments to the Basic Law its Chairman, the head of the Duma Committee on state construction and legislation Pavel Krasheninnikov.
“Life is so ordered that some of the amendments to the Basic Law, in fact, already started to work in connection with the situation. This social block, which the citizens always paid attention, was in demand,” quotes his words TASS.
Krasheninnikov said that the amendments are of a social nature “in one form or another, contained either in the presidential Executive orders or Federal laws” adopted by the Parliament recently. Speaking about the tasks of the working group at this stage, the MP said that the main thing now – to continue information and education efforts.
Another co-Chairperson, Director of the Institute of legislation and comparative law under the government of the Russian Federation khabrieva Talia – reported that all this time she and her colleagues in the working group was actively engaged in the explanation of the amendments.
the Work being done by the authorities to support citizens, “goes the logic of the amendments” to the Constitution, said co-chair of the group, the head of the Federation Council Committee on constitutional legislation and state construction Andrey Klishas. He noted that changes to the Constitution were intended to provide guarantees for citizens in the future, “but the text has become popular today.” “Nevertheless, the law on the amendment is a clear statement that the amendments will enter into force only provided that citizens in a nationwide vote would support changes in the Constitution. That is the decision people take, it is the position of the President”, – said Klishas.
He added that the voting procedure should be understandable to citizens and it should take place in a safe environment. “The Central election Commission worked very closely on this issue,” stated the Senator.
we will Remind, the law on amendments to the Basic Law was passed by the Parliament in final reading on March 11. On the same day it was approved by the Federation Council, then the document was supported by the legislative assemblies of all subjects of the Russian Federation. A nationwide vote on the issue of approval of the amendments was scheduled for April 22, but due to the threat of the spread of coronavirus President Vladimir Putin decided to postpone it to a later date.