On moral constructions in the value range of Russian family legislation

Abstract

The problem of the interaction of ethical constructs with family law and legislation is considered in the article with an emphasis on its historical doctrinal prerequisites and modern debatable aspects, actualized by constitutional and legal amendments on the protection of traditional family values and the corresponding civilizational challenges. Objectives of the article: to identify and analyze both general and special forms and methods of interaction of formal legal principles in the family legal sphere, as well as options for its optimization. As a result of the study, theoretical and practical prerequisites for the conditionality of family law by the provisions of the ethical order, as well as the process of its formation and evolution, taking into account the indicated constructs, have been demonstrated. The variants of the interaction of formal legal and moral principles in various compositions of modern family law are proposed - from the inclusion in its text (mainly in the General part of the Family Code of the Russian Federation) of various kinds of declarative appeals about morally due to the introduction of ethical constructs in the disposition of specific family legal norms, including relying on indirect and direct sanctions of unethical deviant behavior of subjects of family law. Critical considerations of both theoretical and applied nature are expressed on the qualification of declarative provisions on morally due, and their practical impact on the dynamics and content of family legal relations. Proposals are formulated to correct this interaction, as well as the need to connect to it a number of relevant family-legal structures (fictitious acts as family offenses, duties as components of the family-legal status of the child, ethically justified protection of the actual family union, etc.).