Inconsistencies between certain provisions of the Russian Family Code and constitutional-legal principles

Abstract

The article examines certain provisions of the Russian Family Code that, to varying degrees, fail to align with constitutional legal principles concerning the comprehensive protection of family, parenthood, and childhood, as well as the principles of equality (in this case, equality of children regardless of the circumstances of their birth), and the state’s duty to foster civic responsibility, patriotism, and respect for elders in children. The analysis is conducted within the framework of key family law institutions, including marriage, parenthood, childhood, child support, and property relations within marital unions. Attention is also drawn to several legal positions taken by higher courts, which contain controversial interpretations that do not ensure a fair application of constitutional norms regarding family and familial relationships. The article proposes potential legal amendments aimed at bringing family legislation into greater conformity with constitutional values.