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RUSSIAN FAMILY LAW LEGISLATION: REVOLUTION, COUNTER-REVOLUTION, EVOLUTION

https://doi.org/10.21684/2412-2343-2017-4-4-65-92

Abstract

This article analyzes the political and legal aspects of the first decrees of the Soviet government  from 1917 and the codified acts on marriage and family from 1918 and 1926 as large and small  “revolutions” in Russian and Soviet family law. These acts put Russia forward into progressive  positions in comparison with comparable European and American law of that time. The article  analyzes the repressive, “counterrevolutionary” decisions of 1930s and 1940s that pushed family  law, particularly in the sphere of marriage and the legal status of children born out of wedlock,  back to pre-revolutionary imperial standards. It also reviews the normative legal acts on marriage  and the family dating from the “Khrushchev thaw” period. The article identifies the contradictory  and conflicting approaches of legal scholars and legislators to the methodology of legal regulation  of family relations in different periods of political and social history, as well as in our times. The  quality of Russia’s current family legislation, which mainly evolved during the political, economic  and social reforms of the late 20th century, is also assessed. The article traces the influence of  Soviet family law on the content of similar legislation elsewhere in Eastern Europe and the  countries of the former Soviet Union, where there are various levels of legal sovereignty. Their independent legal positions, which are worth comparing with Russia’s family-law doctrine and  legislation, are revealed. The article investigates and evaluates both successful and partially  unsuccessful attempts of modern Russian legislators to adapt the current Family Code and other federal laws regulating family relations to new challenges in the sphere of marriage and family. It speculates on three tendencies of family law doctrine: a certain adherence to the revolutionary ideas of 1917, an orientation toward a return to traditional family values, and a relatively peaceful coexistence with Western doctrines.

About the Authors

NADEZHDA TARUSINA
Demidov Yaroslavl State University
Russian Federation

Professor, Head of the Social and Family Law Department, Dean of the Faculty of Law, Demidov Yaroslavl State University

10 Sovetskaya St., Yaroslavl, 150000, Russia



ELENA ISAEVA
Demidov Yaroslavl State University
Russian Federation

Associate Professor, Faculty of Law, Demidov Yaroslavl State University

10 Sovetskaya St., Yaroslavl, 150000, Russia



References

1. After Legal Equality: Family, Sex, Kinship (R. Leckey (ed.), Abingdon, Oxon; New York, NY: Routledge, 2015).

2. Antokolskaia M. Harmonisation of Family Law in Europe: A Historical Perspective: A Tale of Two Millennia (Antwerp: Intersentia, 2006).

3. Barak A. Judicial Discretion (New Haven: Yale University Press, 1989).

4. Gray N. & Brazil D. Blackstone’s Guide to the Civil Partnership Act 2004 (Oxford: Oxford University Press, 2005).

5. Herring J. Family Law (3rd ed., New York: Pearson Longman, 2007).

6. Johnson P. Marriage, Heteronormativity, and the European Court of Human Rights: A Reappraisal, 29(1) International Journal of Law, Policy and the Family 56 (2015).

7. Kalin C. Transnational Surrogacy in the Light of the Case-Law of the European Court of Human Rights, 10(6) Journal of Siberian Federal University. Humanities & Social Sciences 906 (2017).

8. Kravchuk N. The Child’s Right to Express His/Her Views in the Context of Russian Culture and Democracy, 2(3) Russian Law Journal 23 (2014).

9. Maleshin D. The Russian Style of Civil Procedure, 21(2) Emory International Law Review 545 (2007).

10. Tarusina N. & Isaeva E. Equalization of Legal Status with Respect to Gender, 4(3) Russian Law Journal 74 (2016).

11. Tarusina N. European Experience and National Traditions in Russian Family Law, 3(2) Russian Law Journal 97 (2015).

12. Wardle L.D. Comparative Perspectives on Adoption of Children by Cohabiting, Nonmarital Couples and Partners, 63 Arkansas Law Review 31 (2010).

13. Wardle L.D. The Inner Lives of Children in Lesbigay Adoption: Narratives and Other Concerns, 18 St. Thomas Law Review 511 (2005).


Review

For citations:


TARUSINA N., ISAEVA E. RUSSIAN FAMILY LAW LEGISLATION: REVOLUTION, COUNTER-REVOLUTION, EVOLUTION. BRICS Law Journal. 2017;4(4):65-92. https://doi.org/10.21684/2412-2343-2017-4-4-65-92

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ISSN 2409-9058 (Print)
ISSN 2412-2343 (Online)
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