Inshakova A.O. The Role of the Family Under Conditions of a Modern Multicultural Ethnic Group: A Vector of Legislative Development
DOI: https://doi.org/10.15688/lc.jvolsu.2024.2.1
Agnessa O. Inshakova, Doctor of Sciences (Jurisprudence), Professor, Honorary Worker of Higher Professional Education of the Russian Federation, Honorary Worker of Science and High Technologies of the Russian Federation, Expert of the Russian Academy of Sciences, Head of the Department of Civil and International Private Law (Base Department of the Southern Scientific Centre of the Russian Academy of Sciences), Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-8255-8160
Abstract. The relevance of research: the editor-in-chief’s column analyzes the topic and content of the key heading of the current issue of the journal “Legal Concept = Pravovaya Paradigma” entitled “The institution of the family in the era of global changes: the socio-ethical and entrepreneurial context in law”. The prepared issue deals with the questions discussed at the international round table of the same name, held at Volgograd State University on March 29, 2024. The prerequisites for the selection and the problems of legal support of the issues selected for the discussion sessions of the international round table in the context of the Concept of State Family Policy of the Russian Federation for the period up to 2025, as well as a set of measures carried out during this period and aimed at popularizing the state policy in the field of family protection and preservation of traditional values are outlined. The scientific and practical significance of the papers presented in the feature topic of the issue is analyzed. The scientific novelty lies in the fact that a comprehensive intersectoral study of the legal regulation of family relations in the most relevant spheres of public life in the context of the state family policy of the Russian Federation has been conducted, as well as specific proposals and recommendations for improving the relevant theoretical and regulatory framework have been formulated. The methodological framework for intersectoral legal research has traditionally been made up of the general scientific methods of cognition used in the social sciences and humanities in general, including in law. Among the most significant general methods of cognition are the method of historical materialism, as well as the general logical methods: analysis, synthesis, the method of analogy, induction, deduction. The special and private methods are presented in the scientific papers of the heading mainly by the formal legal and comparative law methods. The results of the study: the analysis of the relevance of the papers selected for the heading “The feature topic of the issue”, their novelty, the results obtained and their scientific and practical significance is carried out. The commentary of the current family legislation and the proposed legislative initiative on amending Article 2 of Federal Law No. 489-FZ of December 30, 2022 “On Youth Policy in the Russian Federation” is presented. The lack of a uniform understanding of the family in both the legislation and doctrine has been established. The analysis of the relationship between the concepts of “young family” and “student family” is carried out, the qualifying factors of a student family are established. The author has analyzed the scientific papers concerned with: the theoretical and practical issues of protecting family values in Russian law; the prospects for the legal regulation of property relations between spouses when concluding a marriage contract using digital technologies in terms of the content of the conditions for concluding a marriage contract as an effective tool for resolving property disputes in the family; the legal nature and problems of the legal regulation of the surrogacy contract; the prospects and main directions of the state policy of the Russian Federation in the field of family entrepreneurship; notarial documents in electronic format as a means of proof in the field of marital and family relations; the role and importance of the institution of private prosecution for the protection of victims of domestic violence. Conclusions: the necessity of the legislative consolidation of the definition of the concept of “family” is proved, which is due to both practical and theoretical expediency, the creation of an effective mechanism for the legal protection of the family, ensuring the stability of the family in Russian society and the state. The definition of “student family” is proposed. The conclusions of the authors of scientific papers on the feature topic of the issue are supported: on the expediency of amending Art. 1 of The Family Code of the Russian Federation with a new principle dedicated to the protection of family values, which will allow for a more clearly normative fixation of this vector of state policy; on the need to legislate the possibility of concluding a marriage contract in electronic form; on the timeliness of improving the regulatory framework aimed at supporting and developing family entrepreneurship, including simplifying the registration and licensing procedures, reducing the tax burden, the development of specialized programs to support and stimulate innovation; about the importance of grouping electronic evidence provided by a notary into a separate type, as well as establishing signs that allow identifying this proof; about the insufficient effectiveness of private prosecution in protecting the rights, freedoms and legitimate interests of citizens and the need to solve this problem by broadening the powers of a justice of the peace.
Key words: family, institution of the family, state family policy, marriage and family relations, family law, young family, student family, protection of family values, marriage contract, surrogacy, family entrepreneurship, domestic violence.
Citation. Inshakova A.O. The Role of the Family Under Conditions of a Modern Multicultural Ethnic Group: A Vector of Legislative Development. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 2, pp. 6-15. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.2.1
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