Russia's State Family Policy: Analysis of Current Legislation and Problematic Issues

As you know, in accordance with the provisions of the Constitution of the Russian Federation, Russia is a social state whose policy is aimed at creating conditions that ensure a decent life and free human development, motherhood and childhood, the family is protected by the state, state support for family, motherhood, fatherhood and childhood is provided, and children are the most important priority of Russian state policy, for which conditions are created for their comprehensive development (The Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 (taking into account the amendments made by the Laws of the Russian Federation on Amendments to the Constitution of the Russian Federation of October 30, 2008 No. 6-FKZ, of December 30, 2008 No. 7-FKZ, of February 5, 2014 No. 2-FKZ, dated July 21, 2014 No. 11-FKZ, dated March 14, 2020 No. 1-FKZ) // Rossiyskaya Gazeta. 1993. December 25 (hereinafter – the Constitution of the Russian Federation).

These provisions of the Constitution of the Russian Federation are aimed at countering the crisis of the institution of family and marriage, which is observed in our state, and in this regard, the provisions of the Constitution of the Russian Federation are not only doctrinal in nature, since both at the federal and regional levels they are being implemented and implemented ^{[1, p. 2]}.

First of all, the President of the Russian Federation implements these provisions, since it is the President who, in accordance with Article 80 of the Constitution of the Russian Federation, is the guarantor of the Constitution Of the Russian Federation, human and civil rights and freedoms, defines the main directions of the internal policy of the state (the Constitution of the Russian Federation). Thus, one of the fundamental acts in this area is the Concept of Demographic Policy of the Russian Federation for the period up to 2025, approved by Presidential Decree No. 1351 of October 9, 2007. The fundamental nature of this act lies in the direct mutual influence of the demographic policy of the Russian Federation and the institution of the family.

So, back in 2007, the President noted that one of the factors negatively affecting the birth rate are: the low monetary income of many families and the lack of normal housing conditions, as a consequence, the inefficient performance by families of their economic function, the modern family structure, which is expressed in a focus on small children, an increase in the number of single-parent families.

Many researchers also identify a number of socio-economic factors that are responsible for the decline in the birth rate, such as the low standard of living of most of the country's population, rising unemployment, lack or insufficiency of state support for the family, a small level of child benefits, high levels of female employment and prices for children's goods, rooting in the minds of citizens of the normality of absence in the family children, the emergence in the 70s of the XX century and the subsequent spread of the phenomenon of "childfree" in society, as a change in family values and reproductive behavior, etc. As a result, the change of religiosity – atheism, collectivism – individualism, the harmonious union of men and women – same-sex relationships, a strong family gives way to free relationships and conscious childlessness ^{[2, pp. 50-61; 3, p. 146; 1, p. 2]}.

In this regard, one of the most important tasks of the demographic policy of the Russian Federation for the period up to 2025 is to strengthen the institution of the family, the revival and preservation of spiritual and moral traditions of family relations, including the development of a system of counseling and psychological support for families, the promotion of the values of large families, forms of family arrangement of children left without parental care; the implementation of measures to reduce the number of to increase the obligations of parents to ensure an adequate standard of living and development of the child; to create a specialized system for the protection of children's rights (On the approval of the Concept of Demographic Policy of the Russian Federation for the period up to 2025: Decree of the President of the Russian Federation No. 1351 of October 9, 2007. Access from the ConsultantPlus legal reference system).

Also of no small importance is the Decree of the President of the Russian Federation No. 712 of May 14, 1996 "On the main directions of state family policy", the main directions of state family policy according to which are: providing conditions for overcoming negative trends and stabilizing the financial situation of Russian families, reducing poverty and increasing assistance to disabled family members; providing employees, having children, favorable conditions for combining work with family responsibilities; cardinal improvement of family health protection and strengthening of assistance to the family in raising children.

In addition to the President of the Russian Federation, the provisions of the Constitution of the Russian Federation are also expressed in acts of the Government of the Russian Federation.

Thus, in accordance with the Decree of the Government of the Russian Federation dated August 25, 2014 No. 1618-r "On approval of the Concept of State family Policy in the Russian Federation for the period up to 2025", the need for such a concept is also due to the tasks of socio-economic and demographic development, which once again shows the relationship between the state of the institution of the family and demographic the situation in the country. In addition, such a concept demonstrates the effectiveness of the measures reflected in the above documents, since it reflects the state of the family sphere at the time of the adoption of the said order.

One of the most significant problems identified in this concept is that in some cases, after the dissolution of marriage, individual parents, more often fathers, do not fulfill their responsibilities for the material support of children and their upbringing. So, as of 2014, 2.2 million children, including 400 thousand children from low-income families, do not receive alimony. At the end of 2013, the bailiff service had more than 1 million enforcement documents on the recovery of alimony payments. More than 66 thousand criminal cases were initiated against persons who maliciously evaded the payment of alimony.

Currently, the situation also remains at a disappointing level, since according to the official data of the Federal Bailiff Service for 2023, a total of 1,594,136 enforcement proceedings in the amount of 233,069,984 rubles were executed for the recovery of alimony payments, of which only 821,295 proceedings in the amount of 65,125,016 rubles were terminated, therefore, today day 772,841 enforcement proceedings on the recovery of alimony payments in the amount of 167,944,968 rubles have not been completed (Departmental statistical reporting of the Federal Bailiff Service for 2022 // Federal Bailiff Service (FSSP of Russia) : official website. URL : https://fssp.gov.ru/statistics?ysclid=ldelqgf2tx581757303 (accessed 27.01.2023)).

At the same time, this concept points to the main tasks of the state family policy, which have been gradually successfully solved over the past 9 years.

The greatest attention was paid to the solution of such tasks as the development of economic independence of the family and the creation of conditions for its independent solution of its social function; the development of a system of state support for families, including during the birth and upbringing of children; the creation of support mechanisms for families in need of improved housing conditions, that is, tasks aimed at helping families in performing their economic function.

Such a decision seems to be largely correct, due to the fact that state intervention in the family legal sphere should mainly be aimed not at regulating the behavior of family relations, but at supporting families, primarily financially, so that the family can completely independently solve issues related to its life.

To solve these tasks, Federal Law No. 418-FZ of December 28, 2017 "On Monthly payments to families with children", Order No. 668n of the Ministry of Labor of the Russian Federation of September 29, 2020 "On Approval of the Procedure and Conditions for the Appointment and payment of State Benefits to citizens with children"; order of the Ministry of Labor of the Russian Federation of December 29, 2020 2017 No. 889n "On Approval of the Procedure for Making Monthly Payments in Connection with the Birth (Adoption) of the First Child and (or) the Second Child, Applying for the Appointment of these Payments, as well as a list of documents (Information) required for the Appointment of monthly payments in connection with the birth (Adoption) of the First and (or) Second child".

Also, with the adoption of Federal Law No. 151-FZ of May 26, 2021, from July 1, 2021, pregnant women who have registered before 12 weeks of pregnancy and are in a difficult financial situation can apply for a monthly allowance amounting to 50% of the regional subsistence minimum for the able-bodied population. This allowance was introduced instead of a one-time allowance for women who registered with medical organizations in the early stages of pregnancy. Such a decision of the legislator seems to be the most appropriate due to the fact that lump-sum benefits do not always allow for the long-term successful performance of family functions. At the same time, taking into account the fact that this benefit is assigned and valid only under certain conditions, such as, for example, a difficult financial situation, therefore, if such circumstances disappear, payments are stopped. As a result, in order to support the family and assist it in restoring its financial situation, in which it can independently carry out the functions assigned to it, less funds may be needed than it could have been with the payment of a lump-sum allowance.

In addition, since January 1, 2020, the number of grounds for the right to additional state support measures has been expanded, in particular, it has become possible to receive maternity capital for the first child, as well as the opportunity for men raising the first child and being the fathers (adoptive parents) of the said child in the event of the death of a woman who did not have citizenship of the Russian Federation, having given birth to the specified child, or declaring her deceased (On Amendments to Certain Legislative Acts of the Russian Federation on Issues Related to the Disposal of Funds of Maternal (Family) Capital : Federal Law No. 35-FZ of March 1, 2020 // Collection of Legislation of the Russian Federation. 2020. No. 9. St. 1127 ; On Amendments to Certain Legislative Acts. Of the Russian Federation : Federal Law No. 116-FZ of April 30, 2022 // Collection of Legislation of the Russian Federation. 2022. No. 18. St. 3002.).

In addition, families whose per capita income does not exceed 2 times the subsistence minimum of the able-bodied population established in the subject of the Russian Federation have the right to receive monthly payments in connection with the birth (adoption) of the first child, if the child was born (adopted) in the period from January 1, 2018 to January 1, 2023.

Moreover, in accordance with the Decree of the Government of the Russian Federation dated November 30, 2019 No. 1567 "On Approval of the Rules for Granting Subsidies from the Federal Budget to Russian Credit Organizations and joint Stock Company "DOM.The Russian Federation" for reimbursement of lost income on housing (mortgage) loans (loans) granted to citizens of the Russian Federation for the construction (acquisition) of residential premises (residential buildings) in rural areas (rural agglomerations)" to citizens who gave birth to a child in the period from January 1, 2018 to December 31, 2023 provided the right to conclude a mortgage loan agreement on preferential terms.

Since July 3, 2016, provision of free meals, a free set of clothes, shoes and soft equipment for children in organizations for orphans and children left without parental care has been introduced at the expense of the federal budget (On Amendments to certain legislative Acts Of the Russian Federation : Federal Law No. 359-FZ of July 3, 2016 // Collection of Legislation of the Russian Federation. 2016. No. 27 (Part II). Article 4292).

Special attention should be paid to the adopted Decree of the President of the Russian Federation No. 240 "On the declaration of the Decade of Childhood in the Russian Federation", which has become a new benchmark in the development of the system of bodies, institutions and measures to protect the rights and legitimate interests of minors. Moreover, this act was the basis for federal and regional plans of the main activities carried out within the framework of the Decade of Childhood in the Russian Federation, in particular, to develop proposals aimed at reforming the system of prevention of neglect and juvenile delinquency, identification of homelessness, improving the system of interaction of bodies and organizations for the protection of children's rights ^{[4, p. 165]}.

Thus, we observe that the state is taking all possible financial measures to support the institution of the family and changes in the demographic situation, which have a stimulating effect on the reproductive behavior of the family, thereby preventing negative trends in its matrimonial behavior ^{[5, p. 17]}. Moreover, it is necessary to take into account that the above provisions are only the main reflection of the implemented policy of our state, since in addition to these measures are being taken to support and protect the family in labor, housing, medical, educational, and other spheres through the regulation of family, civil, labor, housing, criminal, criminal procedural, civil procedural, administrative legislation. Otherwise, the absence of a comprehensive policy on the part of the state to preserve and restore traditional family values, increase the role of the family in the life of society will lead to an internal and external crisis, and eventually to the disappearance of such a state.

Such a wide list of measures taken by the state in the last 5 years is largely due to world-class shocks, including COVID-19 and a special military operation, for the period from 2019 to the present, as evidenced by statistical indicators, among other things. Thus, the implemented state family policy made it possible to ensure a stable increase in the population as a whole on the territory of the Russian Federation from 2010 to 2018 (the total increase in the permanent population in the Russian Federation // Federal State Statistics Service : official website. URL : https://rosstat.gov.ru/folder/12781 (accessed: 28.01.2023)).

It seems that only thanks to the measures taken by the State over the past 25 years, it has been possible to prevent much more significant consequences of these shocks, as, for example, it happened in the countries of Western Europe. Thus, demographers of Western Europe note a significant depopulation, but which was seriously influenced not only by the new coronavirus infection COVID-19, but also by the ideas of citizens of Western European countries about family values, which were the result of the development of the sexual revolution in the West since the middle of the XX century. Thus, the liberalization of sexual mores was expressed in the mass withdrawal of sexual relations beyond marriage, the prevalence of free relationships, the existence of other genders than male and female, the free possibility of sex change, LGBT movements, the legalization of prostitution, the appearance of convinced bachelors and women who do not need men, the lack of prevention of neglect and juvenile delinquency, lack of control and insufficient measures on the part of the state to counter suicide, mental illness, uncertainty in the future, unstable economic situation, unemployment, the right to abortion, the right to childlessness (childfree), etc., etc. ^{[6, p. 227,232; 7, p. 542; 8, p. 3877]}. These features should be kept in mind, since similar trends that occurred in the second half of the XX century in developed countries are relevant today for Russian families ^{[9, p. 6]}.

According to European researchers Jean Boussmar and Michel Gaudet, the demographic situation in Europe can be defined as catastrophic, since according to their calculations, demographic suicide will occur in Europe by 2050, as the population of Europe is aging and declining ^{[6, p. 229]}.

This assessment proves that it is not always possible to ensure the normal functioning of the institution of family, marriage and stabilize the demographic situation in the country with significant monetary funds. So, as experts note, the unit costs of supporting motherhood and childhood in Russia remain lower than in most European countries, pointing to the small size of basic child benefits, in turn, researchers in the scientific literature note that despite a wide list of economic measures of demographic policy – such measures will not be able to improve the current situation, including those related to the dynamics of the population ^{[10, p. 37; 11]}. However, despite such expert assessments, the demographic situation in Russia is at a satisfactory level in comparison with Western countries.

At the same time, despite the complexity and comprehensiveness of the state family policy in Russia, there are certain shortcomings, the elimination of which can contribute to the success of the policy implemented by the state.

So, in Russia, despite the fact that the number of divorces over the past 20 years has been approximately the same (about 600 thousand), the number of marriages is decreasing annually due to the fact that people do not want to give a legal form to their relationships. For example, in 2011, 1,316,011 marriages were registered, and in 2021 this figure was 923,553 (in 2020, a total of 770,760) (Statistics of divorces and marriages in Russia 2021-2022: tables by year and region // Top-RF.ru – business information agency. URL : https://top-rf.ru/places/149-braki-razvody.html?ysclid=ldgqr6m7ta477381902 (accessed: 28.01.2023)).

In addition, such statistics are the result of the choice of a sufficient number of people of a lonely lifestyle, both among young people and among middle-aged people who make the choice of such a lifestyle consciously, feeling free and self-sufficient, being in such a position. If earlier such a way of life was condemned, today society gradually accepts and recognizes the position of such people, which ultimately affects the institution of marriage and family, the number of registered and dissolved marriages, the number of children born during the year ^{[12, p. 2]}. In turn, it is a strong family, for which conditions have been created for the effective performance of all its functions, that plays a decisive role in overcoming the problem of loneliness, which proves the preservation of the traditional high value of the family in modern society ^{[13, p. 9]}.

At the same time, in our opinion, today one of the most significant reasons for finding people out of wedlock in the Russian Federation, a significant number of divorces and children born out of wedlock, including propaganda of free relations, disrespect for traditional family values, LGBT communities, freedom of choice of gender, pornography on the Internet-space, in particular social networks, including from Western countries.

From the point of view of the orientation of the policy of our state, reflected in a number of documents of the President of the Russian Federation and the Government In the Russian Federation, in order to preserve and strengthen traditional family values, we consider it necessary to amend the normative documents regulating the sphere of education and behavior in educational institutions, fixing the prohibition of propaganda of trends contrary to traditional Russian values aimed at freedom of choice of gender and propaganda of LGBT communities ^{[14, pp. 223-224; 15, p. 193]}. Thus, it is no coincidence that the scientific literature notes that in the practical implementation of demographic (marital and reproductive) behavior of the population, the readiness of young people for marriage and family life is of particular importance, and this readiness, in turn, is more determined in the learning process within the framework of general school education ^{[16, p. 60]}.

In this regard, in educational institutions where children with similar inclinations are found, employees and employees of educational organizations need to report to the commission on juvenile affairs. In turn, the commission should consider the possibility of holding the parents of such a child liable for improper performance by the parents of their duties under Article 5.35 of the Code of Administrative Offences of the Russian Federation (hereinafter referred to as the Administrative Code of the Russian Federation), since, first of all, parents and other legal representatives of minors should take all measures against the emergence of such beliefs in a minor, since they they don't appear on their own. At the same time, measures are needed on the part of the state to restrict the access of minors, especially young citizens, to the Internet space, by analogy with how this policy is implemented in the People's Republic of China, since it is China that is currently the leader in the development and export of social network surveillance tools, and the Internet space in China is subject to strict control due to the rapid development of surveillance technologies and the expansion of police access to user data (How different countries legally protect minors on the Internet // Habr. URL: https://habr.com/ru/post/575684 / (accessed: 29.01.2023)) ^{[17, p. 1; 18, p. 59]}.

In addition, it is not enough just to counteract the spread of Western "values" that promote same–sex marriages from the outside, which by their nature are not capable of performing one of the most important functions of the family - procreation, as well as promoting freedom of choice of sex. It is also required to prevent such sentiments directly in the Russian Federation by citizens of our state. Thus, the state has already taken certain measures, such as the introduction of administrative responsibility for the dissemination among minors of information demonstrating non-traditional sexual relations and (or) preferences or capable of causing minors to desire to change their gender (Article 6.21.2 of the Administrative Code of the Russian Federation), as well as clarifying responsibility for the promotion of non-traditional sexual relations and (or) preferences, and introduction of responsibility for the propaganda of gender reassignment (Article 6.21 of the Administrative Code of the Russian Federation), which allow law enforcement officers to filter the distributed materials (On Amendments to the Code of Administrative Offences of the Russian Federation: Federal Law No. 479-FZ of 05.12.2022 // Collection of Legislation of the Russian Federation. 2022. No. 50, part 3. Article 8773) ^{[19, p. 47]}.

At the same time, as it is known, it is more expedient to prevent a possible violation than to establish responsibility for it. For example, in accordance with Federal Law No. 143-FZ of November 15, 1997 "On Acts of Civil Status" (hereinafter – the Law on Acts of Civil Status), the procedure for state registration of marriage does not provide for the possibility of refusal of state registration of marriage in case of non-compliance with the conditions of marriage contained in Article 12 of the RF IC, in the presence of civil registration authorities (hereinafter referred to as registry offices) have reliably known information about non–compliance with such conditions ^{[20, p. 241]}.

Thus, in the current Russian legislation, the rule is fixed, according to which the recognition of marriage as invalid is carried out exclusively in court on the basis of a claim by an authorized person ^{[21, p. 98]}. In this regard, the Prosecutor's Office of the Oktyabrsky district of Irkutsk sent to the Oktyabrsky District Court a statement of claim for invalidation of marriage registered by the Registry Office between persons of the same sex, since the latter, in accordance with parts 8 and 9 of Article 27 of the Law on Acts of Civil Status, have the right to refuse state registration of marriage only if there are circumstances preventing marriage established by Article 14 of the RF IC, if they have evidence confirming the existence of relevant circumstances (Civil case № 2-431/2023 (2-4701/2022) // The State automated system of the Russian Federation "Justice" : official website. URL: https://oktiabrsky--irk.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=390966264&case_uid=9abca0bd-a74a-40f5-b55a-8c8bc0b87a22&delo_id=1540005&new = (accessed 30.01.2023)). In this regard, the registry Office sent information to the Prosecutor's office of the Irkutsk region, since in accordance with Article 28 of the RF IC, the prosecutor has the right to recognize the marriage invalid in court.

Considering that such a legislative gap can be used by relevant persons as an informational occasion for promoting non-traditional sexual relations, including among minors, we consider it necessary to amend parts 8 and 9 of Article 27 of the Law on Acts of Civil Status, stating Part 8 in the following wording: "State registration of marriage cannot be made in the presence of circumstances preventing the conclusion of marriage, established by Article 14 of the Family Code of the Russian Federation, as well as between persons of the same sex," and part 9 in the following wording: "The head of the civil registry office may refuse state registration of marriage if he has evidence confirming the existence of circumstances preventing the conclusion of marriage, as well as between persons of the same sex."

In addition, despite the fact that paragraph 1 of Article 27 of the RF IC provides for the possibility of declaring a marriage invalid in violation of the conditions established by Article 12 of the RF IC, including the absence of voluntary mutual consent, consent between a man and a woman entering into marriage, as well as their reaching the age of marriage, part 1 of Article 28 of the RF IC, containing a list of persons who have the right to demand recognition of marriage invalid, specifying the persons who have the right to demand such recognition, does not indicate the persons who have the right to demand recognition of marriage invalid if the condition of the need for consent between a man and a woman is not observed.

In this regard, in our opinion, amendments are required, firstly, to Article 12 of the RF IC, changing the title of this article to: "Conditions for the conclusion and validity of marriage", as well as including a paragraph in Part 1 providing for the condition under which the concluded marriage is valid – the existence of a marriage between a man and a woman. Secondly, it is necessary to amend part 1 of Article 28 of the RF IC by including paragraph 7, which provides for the possibility of the prosecutor to demand the recognition of a marriage concluded between persons of the same sex, or who, after marriage, became persons of the same sex.

Summing up, it is worth noting that the above-mentioned measures to support the family affect all spheres of social relations developing in society, ensure social stability and progress. After all, the lack of stability in a person's life in the family, in most cases leads to a decrease in his working capacity, in particular, leads to a decrease in mental abilities, activity and initiative of a person, leads to various diseases arising on nervous grounds, is expressed in discontent and various negative emotions when communicating with other people, to a lack of desire for self-development and self-improvement, to search for a sphere for distraction from family problems, in which a person can be distracted and not always such persons use means that have a positive impact, in particular leads to alcoholism, drug addiction, substance abuse, a rampant lifestyle, improper nutrition, cyberaddiction, especially for minors whose physical and mental immaturity does not allows them to adequately assess the current situation and overcome the experiences and difficulties that have arisen.

At the same time, it is important not just to establish and issue funds to families eligible for state support, but more importantly, there should be a system for tracking the targeted expenditure of these funds in order to use them effectively and necessary.

The legislative changes proposed in the study are presented taking into account the limited possibility of the impact of the right on family relations, are not aimed at regulating the behavior of the family, but only contribute to the self-development of the family, providing opportunities to choose forms of state support. After all, the need for these innovations is objective, due to the fact that the family is important for the life potential of society, and some types of additional budget expenditures are justified by the fact that they are objectively necessary due to the fact that these expenses act as an investment in the development of human capital and as a guarantee of successful further the existence and development of the Russian state.

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