Understanding the terminology
A married couple is already a group that is considered a family among people. The tradition of uniting people into smaller groups than clans or tribes has a long history.
Since this phenomenon is comprehensive and fundamental, it is studied by various sciences:
- sociology;
- cultural studies;
- ethnography;
- social studies.
The family unit in modern society has been somewhat transformed. The thing is that its purpose is no longer just a practical goal - reproduction of offspring. This phenomenon can be considered both as a social institution as a whole and as a small group.
Not so long ago, a couple of decades ago, several generations could live under one roof at once, which had a positive effect on the exchange of experience between representatives of different decades. In modern society, the most common nuclear family is a husband and wife with children.
The positive side of this way of living is mobility. Separate generations can meet, spend holidays together, while maintaining their freedom and independence.
The negative aspect of such settlement is the high degree of disunity. Due to the fact that families become smaller, sometimes they include only a man and a woman, the connection both within the clan and with society is lost.
This leads to a number of unfavorable consequences:
- the value of marriage is lost;
- the continuity of generations is disrupted, and the total nihilism of youth gives rise to dangerous trends;
- the preservation and development of humanistic ideals become jeopardized.
Only turning to one's roots can prevent these harmful social phenomena. It is not always possible for grandparents, sons and grandchildren to live in the same house, but it is easy to show the younger generation who their grandfathers were and tell about the history of the family if you have a family book from the Russian House of Genealogy in your library.
By learning about his ancestors, the child will understand that they were the same people with desires, goals and dreams. They will become something more for him than photographs in an album. The baby will learn to perceive immutable values and will keep them in his home in the future.
This is especially important now, since the institution of family in modern society is almost on the verge of extinction. Young people, possessing a high degree of infantilism and an exaggerated value of personal freedom, do not seek to legitimize their relationships.
Traditional small groups are almost a thing of the past, where the value of alliance was paramount. The fact that the important role of the cell has been shaken is evidenced not only by the dynamics of divorces, but also by the commitment of young people to the increasingly popular child-free philosophy, that is, to the desire to live for oneself, without thinking about procreation.
This circumstance leads to the fact that nuclear unions, where there is at least one child, are replacing childless ones, for whom such a lifestyle is a conscious choice.
Types of families in modern society
There are a number of criteria by which small groups can be described. Currently, scientists use several bases to describe this group:
- the nature of family ties;
- amount of children;
- method of maintaining a pedigree;
- place of residence;
- type of leadership.
The traditional union of a man and a woman is now a rarity. And the point here is not only in the general mood and aspirations of girls and boys. Social conditions change, and the structure of the small group is transformed to suit them. Previously, it was a solid fundamental education, where traditions were honored and unquestioned authorities were valued. Nowadays, the small group has become more mobile, and its views have become more loyal. There are even same-sex unions in some countries: Sweden, Holland, Belgium, Canada, Norway.
In modern Russian society, not only the classic composition of the family, but the number of children still prevails. In many ways, how many generations coexist in one home is influenced by material resources, but the trend for a young couple to move away from their parents is becoming increasingly popular.
Nature of family ties
On this basis, sociologists distinguish between nuclear and extended families. The first type represents spouses with children, and the second implies cohabitation with relatives of the wife or husband.
Extended unions were widespread even in Soviet times, not to mention in earlier times. This way of living together taught loyalty, respect for elders, formed true values, and contributed to the preservation of traditions.
Amount of children
Nowadays, many couples refuse to have children at all or strive to raise only one. But due to crisis phenomena in demography, the state itself is pursuing a policy that stimulates the growth of the birth rate. The government has established a certain amount of payments for the second and subsequent children.
According to this criterion, pairs are distinguished:
- childless;
- small, medium, large families.
Method of maintaining pedigree
In social science, the family in modern society is characterized on one more basis, namely, whose line of inheritance predominates. There are patrilineal (paternal line), matrilineal (maternal line), bilineal (both lines).
Thanks to the equality of both partners, the bilineal tradition of maintaining pedigrees has now been established. It is difficult to take into account all the nuances and intricacies of both lines, but the Russian House of Genealogy will draw up a family tree, connecting two branches, maternal and paternal.
Place of residence
There are three types of cell depending on where the newlyweds choose to stay after the wedding:
- patrilocal (live in the house of the husband's parents);
- matrilocal (remains with the wife's relatives):
- neolocal (moving to new separate housing).
The choice of place of residence depends on the views and traditions that have developed in the family.
Headship type
Sociological scientists distinguish several types of unions based on whose hands the power is concentrated.
- patriarchal (father is in charge);
- matriarchal (mother is the main one);
- egalitarian (equality).
The latter type is characterized by equality. In such a union, decisions are made jointly. Sociologists believe that this type of family is predominant in modern society.
Cell functions
Globally, namely as a social institution, the marriage union helps to take care of the reproduction of the family. It is important for people to find their continuation in another living being. The cyclical nature of life fills it with meaning, and this is largely why we strive to give the best to our children.
Researchers consider the main function of the family in modern society to be reproductive. This approach is considered traditional, because it reflects the way of life of many generations that came before us and will remain after us. After all, this is a natural mechanism.
As a small group, the husband-wife union remains of great importance. It acts as a launching pad - the first team in which a person gets acquainted with the ways of building social relations. It is in the circle of close people that the child learns the norms and rules of human communication and gradually becomes socialized.
In addition to these main functions - reproductive and educational - there are a number of others:
- Regulatory. Limits human instincts. Society approves of monogamy and fidelity to one spouse.
- Economic. Running a joint household helps a person satisfy his primary needs.
- Communicative. The individual needs support and spiritual communication.
Currently, there are some changes in the composition of cell functions in a new type of society. Communication and household services come first.
The family's production function is still strong. Traditionally it is believed that children should be born in marriage. Young people under the age of 18 need material and moral support. During this period, the experience of previous generations is actively absorbed, and the ability to independently make vital decisions is formed. Early marriages, as experts believe, have a high degree of instability and poor implementation of the reproductive function.
What functions of the family have changed in modern society? If earlier it was a utilitarian formation and served only practical purposes - procreation, now alliances are concluded for the sake of support and joint achievement of success, as well as to gain a sense of social security and peace of mind.
Personal non-property and property rights and obligations of spouses
A marriage entered into in compliance with all legal requirements gives rise to personal non-property and property rights and obligations for the spouses. From the moment of marriage registration, spouses have equal rights, and each right also has a corresponding obligation.
The personal rights of spouses are closely related to the personality and are inseparable from it; they have no economic content. These include the right to free choice of occupation, profession, place of residence and place of residence.
Spouses, at their own discretion, choose a surname at the time of marriage - the common premarital surname of the husband or wife, or add the surname of the other spouse to their surname.
A change of surname by one of the spouses does not entail a change of surname of the other spouse. They had most of their personal rights, for example, to their profession and occupation, even before registering their marriage.
One of the most important functions performed by the family, economic, is consumer and derivative. Each family has its own property, due to which there are property relations between spouses.
Among these property relations, one can distinguish relations regarding matrimonial property and mutual material support, alimony maintenance.
The Family Code of the Russian Federation introduces two modes of property for spouses: legal and contractual.
The legal regime of the property of spouses is the regime of their joint property, that is, common property acquired jointly during marriage (income, pensions, benefits, deposits, shares, securities, movable and immovable, things and any other property).
Possession, use, and disposal of such property is carried out by mutual consent of the spouses. Along with common property, each spouse has his own property: this is property that belonged to him before marriage, received during marriage as a gift, by inheritance or through other gratuitous transactions, for example, privatized housing.
The property of each spouse is personal items (clothing, shoes, etc.), with the exception of jewelry and other luxury items.
When dividing common property, the equality of the shares of the spouses is recognized, but in certain cases provided for by law, deviations from this rule are allowed. However, it should be noted that the legal regime of spouses’ property is valid unless the marriage contract stipulates otherwise.
The contractual regime of property is determined by the marriage contract.
A marriage contract is a family law institution known to most developed countries. In our country, this institution is just beginning to develop, since it was first provided for by the current Family Code of the Russian Federation of 1996.
The law regulates this type of contract quite fully. It gives the concept of a marriage contract, determines the procedure and conditions for its conclusion, maintenance period, registration mechanism, amendment and termination of the contract, provides grounds for recognizing it as partially or completely invalid. A marriage contract is a bilateral transaction and therefore it is subject to rules common to all types of transactions.
According to the law, a marriage contract is an agreement between the persons entering into marriage, or an agreement between the spouses, defining the property rights and obligations of the spouses during the marriage and/or/ in the event of its dissolution.
It is important to take into account that the marriage contract does not regulate all, but exclusively the property rights and obligations of the spouses in marriage and/or/in the event of its dissolution.
The personal rights and obligations of spouses cannot be the subject of a marriage contract. For example, it is impossible to stipulate in a contract the obligation to love each other and remain faithful.
This agreement can be concluded before marriage at the time of its conclusion at any time and during the marriage. However, a marriage contract concluded before the marriage registration comes into force on the date of state registration of the marriage.
The agreement is concluded in writing and is subject to notarization. A prenuptial agreement can change the legal regime of joint property between spouses. It can be changed or terminated at any time by agreement of the spouses. Unilateral refusal of the marriage contract is not allowed.
The validity of the contract is terminated from the moment of termination of the marriage, with the exception of the circumstances provided for in the event of divorce. It may be declared invalid by the court, in whole or in part, or changed or terminated at any time by mutual consent of the spouses.
In addition, the law allows the marriage contract to define the rights and obligations of spouses for mutual maintenance and housing rights.
Spouses have the right to conclude other agreements between themselves, for example, purchase and sale, donation.
Mutual financial support means that spouses are obliged to financially support each other. This obligation arises at the time of marriage registration and, as a rule, is performed voluntarily.
If such support is refused and there is no contractual agreement between the spouses on the payment of alimony, the spouse has the right to receive alimony through the court.
For example, a disabled and needy spouse or a wife during pregnancy has the right to make such a claim. The court can collect such alimony if the defendant spouse has the necessary funds for this.
The right of a needy disabled spouse to receive maintenance from the other spouse remains after divorce in cases provided for by law.
However, a prerequisite for this is the onset of disability during marriage or no later than one year after its dissolution.
The amount of alimony collected by the court for the maintenance of a spouse is determined in a fixed amount of money paid monthly. The amount of alimony and the procedure for presenting it to the ex-spouse after divorce can be determined by agreement of the former spouses (KoBS, Art. 90).
Problems of development of a young family and marriage in modern society
The growing number of single mothers, incomplete unions, as well as the increase in the number of children in orphanages - all of this is a serious problem for the development of the family in today's conditions.
The institution of marriage these days is truly in danger of destruction. Sociologists identify three manifestations of the family crisis in modern society.
- First and most obvious: civil registry offices still accept hundreds of applications a year, but statistics show a sharp decline in the number of marriages.
- The second crisis phenomenon is that even after several years of marriage, couples decide to end their relationship.
- The third sad circumstance: divorced spouses do not marry other partners.
The lack of desire to have children in many marriages carries with it many potential demographic difficulties.
Rights and responsibilities of parents and children
A special place in the family is occupied by the relationship between parents and children, which is based on the origin of the children, certified in the manner prescribed by law. These are personal non-property and property rights and obligations.
Among the personal rights of the child are the right to receive a first name, patronymic, last name, the right to education, communication and contact with parents and relatives, the child’s right to protect his rights and responsibilities.
The birth of a child is certified by a birth certificate, which indicates the father and mother. The child's surname is indicated by the surname of the parents registered in marriage.
The child’s name is given by their agreement, and the patronymic is given by the father’s name. In the case of the birth of a child from parents who are in de facto rather than legal marriage, paternity is established by submitting a joint application from the father and mother of the child or an application from the father to the registry office.
In the absence of a joint application from unmarried parents or an application from the child’s father to the civil registry office, with the consent of the guardianship and trusteeship authorities, paternity can be established in court.
The rights and obligations of children born from persons who are not married to each other, but for whom paternity has been established, are the same as those of children born from persons who are married to each other.
The law also allows for paternity to be challenged, but this is only possible in court.
A child born in a de facto marriage, for whom paternity has not been established, takes on the mother’s surname, and the first and patronymic names are recorded at her direction.
The child has the right to express his own opinion in the family on issues affecting his interests, for example, when resolving a dispute with which parent he should live with in the event of divorce.
Taking into account the opinion of a child over 10 years of age is mandatory, except in cases where this is contrary to his interests.
In order to protect their rights and interests from abuse by their parents, a child has the right to independently apply to the guardianship and trusteeship authority, and upon reaching 14 years of age - to court.
Child is a person under the age of 18 (the age of majority).
He has not only personal non-property rights, but also property rights: the right of ownership of income, the right to receive maintenance from his parents, the right to property received by him as a gift or by inheritance, but he does not have the right of ownership of the property of his parents, and they , in turn, do not have ownership rights to the child’s property.
Children and parents living together may own and use each other's property by mutual agreement or established custom.
Parents are the legal representatives of their minor children, since they cannot independently protect their rights and responsibilities.
Parents have not only equal rights, but also equal responsibilities for raising their children; they must support them, take care of their physical, mental, spiritual and moral development, and prepare them for independent life. Parental rights must be exercised in the interests of the child. The child has the right to protection of his rights and legitimate interests.
Unfortunately, sometimes parents shirk their responsibilities, refuse without good reason to take their child from the maternity hospital, abuse parental rights, abuse their children, commit violence against them, commit a deliberate crime against the life or health of their child or spouse, maliciously evade paying alimony, are chronic alcoholics or drug addicts.
In such cases, i.e. guilty behavior, the parents, or one of them, may be deprived of parental rights based on a court decision. A claim for deprivation of parental rights can be filed by one of the spouses, close relatives, guardianship authorities and institutions charged with protecting the rights of minor children, as well as the prosecutor.
Regardless of who brought the claim, the law obliges the guardianship and trusteeship authorities and the prosecutor to participate in court hearings on cases of deprivation of parental rights.
Parents deprived of parental rights lose all rights based on the fact of relationship with the child, including the right to receive maintenance from them in case of loss of ability to work in old age. Deprivation of parental rights does not relieve parents from the obligation to support their child.
The law allows for restoration of parental rights; it is carried out in court. However, the law does not allow restoration of parental rights if the child is adopted or the adoption has not been cancelled.
A child may be taken away from his parents without deprivation of parental rights (limitation of parental rights). The issue of restricting parental rights and the issue of canceling the restriction of these rights and returning the child to the parents is decided by the court.
Limitation of parental rights deprives parents of the right to personally raise a child, but does not relieve them of the obligation to support it.
If there is an immediate threat to the child's life or health, the child may be taken away. It is carried out by the guardianship and trusteeship authority on the basis of an act of the local government body.
The issuance of such an act obliges the guardianship authority to file a claim in court for the deprivation of parental rights or for the limitation of their parental rights.
The property rights and responsibilities of parents are that parents are obliged to support their minor children, as well as adults in case of their incapacity and need.
Parents have the right to enter into an agreement on the maintenance of their minor children. An agreement on the payment of alimony is concluded between the person obligated to pay alimony and the recipient in writing and notarized.
Such an agreement has the force of a writ of execution, i.e. mandatory. The amount, methods and procedure for paying alimony in this case are determined by the parties to the agreement.
However, their amount cannot be lower than the amount of alimony collected by the court. In the absence of an agreement, the law specifically stipulates the collection and use of alimony for children left without parental care.
Unilateral refusal to fulfill an agreement to pay alimony is not allowed. A procedure has been established for indexing the amount of alimony paid under the agreement.
In the absence of an agreement on the payment of alimony, family members entitled to receive alimony have the right to apply to the court to demand the collection of alimony.
Alimony is awarded from the moment you apply to the court. They can be recovered for the past period within a 3-year period from the date of going to court, on the grounds provided by law.
Claims for the collection of alimony can be filed in court both at the place of residence of the defendant and at the place of residence of the plaintiff. Plaintiffs in this category of cases are exempt from paying court costs.
The amount of alimony collected for minor children in court may be determined in shares of the parent’s earnings or other income under the conditions specified in the law; the court also has the right to determine the amount of alimony in a fixed sum of money or simultaneously in shares and in a fixed sum of money.
Alimony is withheld from all types of earnings and/or/ other income that parents receive, as well as from pensions, state social insurance benefits, from scholarships paid during the period of study in educational institutions and courses, from income from business activities, etc.
Withholding of alimony is not made from severance pay upon dismissal, from one-time bonuses and in other cases provided for by law. Alimony is collected from the amount of earnings (income) after taxes have been withheld from it.
Able-bodied adult children, in turn, are obliged to support disabled parents and parents in need of help.
And, if children evade this duty to their parents, then they have the right in court to recover funds from the children for their maintenance. Alimony is paid monthly in a fixed amount. The law provides for indexation of alimony.
Spouses also have alimony obligations. The right to demand alimony in court from the other spouse who has the necessary means for this, for example, a disabled spouse in need, a wife during pregnancy and for 3 years from the date of birth of the child and in other cases established by law. The issue of the former spouse’s right to receive alimony after divorce is also regulated.
Trends in family development in modern society
The conditions of our reality force women to actively participate in social and labor activities. Women, like men, run businesses, participate in solving political issues, and master professions that are not typical for them. This leaves an imprint on the presence of some features of recent marriages.
Many career women do not want to sacrifice their time and go on maternity leave to care for a child. Technologies are developing so rapidly that even a week's absence from work can cost a serious setback in terms of development. Therefore, nowadays couples evenly distribute responsibilities around the house and raising a child.
If you have really thought about how the family is changing in modern society, you probably realized that these transformations are significant, even global. The composition of the cell, the role and functions of each individual member become different. But along with negative trends, scientists also highlight advantages. Marriage between a man and a woman is considered as a union that accumulates the achievements of both partners and is concluded for support and joint development. Such a philosophy can give life to a new branch of the family.
Another primary group is formed where a person will learn to love, respect and value relationships.
Proper upbringing can convey, preserve and increase the eternal ideals of goodness, love, the value of human life, the fidelity of spouses, of which there are sometimes so few in our world.
Forms of education and placement of children left without parental care
Children left without parental care receive special care from the state. The law establishes the forms of upbringing and placement of such children, transfer to foster care in a family, for adoption, under guardianship (trusteeship) or to a foster family, or to institutions for orphans and other similar institutions.
One of the important rights of parents to raise children is the right to adoption. Adoption is a legal act through which the same legal relations are established between adoptive parents and adopted children as between natural parents and children.
Adoption is allowed for minor children. Adoptive parents can be adult capable citizens, and cannot be persons deprived of parental rights by court, persons recognized by the court as incompetent or partially capable, persons removed from the duties of a guardian (trustee) for improper fulfillment of the duties assigned to them by law, former adoptive parents, if the adoption was canceled by the court due to their fault; as well as persons who, due to their health status (tuberculosis, cancer, substance abuse), cannot exercise parental rights.
The age difference between the adoptive parent and the adoptee must be at least 16-18 years. Children who are citizens of the Russian Federation can be given up for adoption to foreign citizens if the opportunity does not arise to transfer them for adoption, guardianship, or upbringing to a family of Russian citizens.
It is permissible without parental consent only in exceptional cases. When adopting a child who is 10 years old, his consent is required.
Adoption is carried out by the court and is subject to state registration. An adopted child is in all respects, in personal and property rights and obligations, equal to relatives by origin and is freed from responsibilities towards his parents.
The secrecy of the adoption of a child and the legal liability of persons for disclosing it against the will of the adoptive parent have been established.
It is permitted by law to change the place of birth of an adopted child in exceptional cases and the date of his birth for a period of no more than 6 months. Any changes to the adoptive parents' records must be noted in the adoption decision.
In the interests of the child, the adoption may be canceled. Cancellation is carried out in court. It is not allowed to cancel the adoption of a child if he has reached the age of majority, except in cases provided for by law. Adoption terminates from the day the court decision to cancel the adoption enters into legal force.
In the interests of protecting the personal and property rights and interests of minor children left without parents, guardianship and trusteeship are established.
Guardianship is established over children under 14 years of age, guardianship is established over minors from 14 to 18 years of age.
Guardians (trustees) of children may be adults with legal capacity. The law (Article 146 of the RF IC) defines the circle of persons who cannot be appointed guardians, for example, persons deprived of parental rights, suffering from chronic alcoholism or drug addiction, etc.
The guardian (trustee) has the right to raise, live together with the ward and perform the functions that are usually performed by parents.
The duties of guardianship and trusteeship are performed by the guardian free of charge.
The guardian (trustee) is paid monthly money for the maintenance of the child in the amount established by the Government of the Russian Federation.
The law also provides for the transfer of a child left without parental care to a foster family. Such transfer is carried out on the basis of an agreement on the transfer of the child, which is concluded between the guardianship and trusteeship authorities and the adoptive parents. A minor child is placed in foster care for the period specified in the agreement.
Adoptive parents in relation to the child adopted for upbringing have the rights and responsibilities of a guardian (trustee). The selection of adoptive parents is carried out by the guardianship and trusteeship authorities.
For the maintenance of the child, the foster family is paid monthly in the amount established by the Government of the Russian Federation. In addition, the Law establishes the amount of remuneration for adoptive parents and the benefits provided to such a family.
The child himself retains the right to alimony, pension, benefits and other social payments due to him, as well as the right of ownership of residential premises (Article 154 of the Family Code). The agreement on the transfer of a child to be raised in a family if there are good reasons, for example, illness of the adoptive parents, can be terminated early.
