The presumption of paternity in the Soviet law

Abstract

The exploring of the legal regulation of the presumption of paternity in Soviet law is relevant because of the fact that in 2017 - 2019 the State Duma of the Russian Federation considered a bill on the return of the administrative overcoming of the presumption of paternity to the Russian Family Code in the version that was in force on the territory of the USSR from 1984 to 1991 and in the Russian Federation from 1996 to 1997. The bill was rejected, but not because society did not need to administratively overcome the presumption of paternity, but because of the human factor of the initiators of the bill, who stopped this law-making process halfway through without good reason. The article carries out a comparative legal analysis of Soviet and modern Russian legislation. In sum, the administrative overcoming of the presumption of paternity corresponds to the principle of procedural economy, protects men from unfair parenting in relation to a not own child from the moment of registration of a child to the moment of contesting paternity, prevents long-term negative communication between the mother of the child, her husband and the biological father of the child in the process of litigation to contest paternity. It is advisable to return to modern legislation the possibility of administratively overcoming the presumption of paternity by submitting an application of the child’s mother and her husband (ex-husband) to the registry office.