Pavel Vladimirovich, we have adopted a Family code, other legislative acts, securing the interests of families and children. What we also need an amendment to the Basic Law?
Pavel Krasheninnikov: the Constitution is not only Basic Law that is the core of the legal system of the state. On its basis and in accordance with it accepted other legislative acts. It is important that while the Constitution determined the basic values of our society.
of Course, the family was and remains one of the main values. Thanks to her, reproduced and improved society, there is an accumulation and transmission to future generations of experience, tradition and basic principles. It is the basis of society and the state. That is why the institution of the family needs to be enshrined in the Constitution as a matter of special support.
Is it not always so?
Pavel Krasheninnikov: With the Soviet experience, everything was easy. The first Soviet Constitution did not affect family relationships. The code of laws on acts of civil status, marriage, family and guardianship law of 1918 was primarily aimed at the destruction of the so-called “bourgeois” family – prohibition of the ecclesiastical procedure of marriage and the complete exclusion of private law aspects of family relationships. Proclaimed non-interference of the authorities in “sexually revolutionary” attitudes of couples, and parenting was supposed to be transferred to the state.
However, with the consolidation of Soviet power the leftist tendencies of the first post-revolutionary years had given way to the understanding of the family as the cornerstone of society and the state. In the USSR Constitution of 1936 already mentioned about the state protection of interests of mother and child, helping large families and single mothers, giving women pregnancy leave with pay, on a wide network of maternity homes, nurseries and gardens. These rules were strengthened in the USSR Constitution 1977
therefore, the Constitution was born not on an empty place?
Pavel Krasheninnikov: of Course not, willing to discuss in detail the preparation of the Basic law of Russia, but I guess it can be done separately. In our case, it is important that the Russian Constitution of 1993 proclaimed the principle of the social state and found that the family is under state protection, provided by the state family support, motherhood, paternity and childhood. Over the past period has created a database of legal regulation of family relations. Along with the Family code, adopted a number of Federal laws, in particular, on social support of children-orphans and children left without parental care, on guarantees of the rights of the child, guardianship and custody. Revision of placement of children in family, adoptive and foster ��of EMI related to varieties of paid guardianship.
In 2019, the Civil code amended the rules on joint wills and succession agreement, they allow to pre-negotiate in the family, how to inherit the property, as well as on the content of individual family members. I would highlight the recent education act. Children living together in one family, now have the right of admission to training on the basic educational programs of preschool education and primary education in state and municipal educational institutions, which educate their brothers and (or) sisters.
What are the concerns now of concern to legislators?
Pavel Krasheninnikov: the Constitution of 1993 has been working for 26 years. You can talk about a gradual change in the life of the state and society. The current Family code quality and work legislation. His radical changes are not required, moreover, harm can cause a lot more. However, adjustments are possible: for example, details of the property relations.
And of course, what is happening in society changes require a holistic, systemic reactions of the legislator. The law of the Russian Federation on the amendment to the Constitution of the Russian Federation of 14 March 2020 № 1-FKZ “On improving the regulation of certain issues of organization and functioning of public authorities,” much attention was paid to the issues of family policy, based on the fact that the Central value for family law – the interests of minor children. However, the legislator believes that the welfare of the child is inextricably linked to the welfare of the family and they are determined.
What exactly will be changed after the adoption of the amendments?
Pavel Krasheninnikov: first, the Law on the amendment of the Constitution establishes that children are the most important priority of Russian state policy. The state creates conditions conducive to the comprehensive spiritual, moral, intellectual and physical development of children, teaching them patriotism, citizenship and respect for elders. The state, ensuring the priority of family upbringing, takes on parental responsibilities towards children without parental care.
second, the authority of the government include pursuing a uniform socially-oriented state policy in the field of culture, science, education, health, welfare, support, strengthen and protect families, preserve traditional family values.
third, were adjusted articles 71 and 72 of the Constitution. Among the issues exclusive charge of Russia is the establishment of a unified legal framework of health systems, raisedIya and education, including continuous.
specific issues of joint conducting Russia and its subjects the protection of the family. To them additionally include: protection of the institution of marriage as the Union of man and woman; creation of conditions for worthy education of children in the family, as well as for adult children responsibilities to care for their parents.
the Government is trying to do everything to life prevailed a strong family and beloved children?
Pavel Krasheninnikov: Exactly. State family policy implies the preservation of traditional family values and the role of the family in society. And traditional family values is, in essence, is the family, motherhood, fatherhood, childhood. By the way, the Russian constitutional court in its ruling of 23 September 2014 said that the family, motherhood and childhood are values that provide a continuous change of generations, are the maintaining and development of the multinational people. Protection of family values is a complex one, carried out by the state, subjects of the Russian Federation, municipal formations, by influencing the social relations of norms of different branches of law (family, labor, etc.). On the basis of constitutional norms should develop sectoral Federal and regional legislation.
We say: “Family.” What is a family?
Pavel Krasheninnikov: the law is the definition of family. Because the concept of “family” and may not have a clear and immutable content. The legal concept of “family” is filled depending on the purpose of regulation, different legal content. First of all, through the interpretation of the notion “family members”.
the Family code to family members related spouses, parents and children (adoptive parents and adopted children). At the same time indicated that family law cases and to the extent provided by law, regulates the relationship between other relatives and other persons, and also defines the form and order of devices in the family of children left without parental care.
For the purposes of housing legislation is primarily important is the fact of living together. Therefore, the unfounded fear that if a mother raises a child, it was not a traditional family and she will be under protection of the state. The Law on the amendment of the Constitution there is no discrimination in terms of concepts of the family.
Will equally protected, not only the mother but also her child?
Pavel Krasheninnikov: Adequate legal framework for the protection of children is the key to the future of the state. The Convention on the rights of the child in 1989, recognizing that the child, for the full and harmonious development his personality should grow up in a family environment, in an atmosphere of love and understanding, requires signatory States to provide children necessary for their well being protection and care.
In the preparation of the Law on the amendment of the Constitution, the President created a working group for a long time looking for the appropriate wording. At first I wanted to point out that the children is the most important value in Russia. After discussions it was decided to: children are the heritage of the Russian Federation, but in the end accepted the wording that says that children are a priority of Russian state policy. This is in a sense a development of the provisions of the Federal law “On basic guarantees of children’s rights in the Russian Federation” according to which public policy in the interests of children is a priority.
How to protect children left without parental care?
Pavel Krasheninnikov: Initially, the Working group was the proposal to specify that the state assumes parental responsibilities in respect of such children. But in the course of the discussion to these words he added: the government will first of all ensure the priority of family upbringing. This postulate refers to the main principles of family law and is developed in article 123 of the UK. Children left without parental care, shall be transferred to the family to education, but when this is not possible, temporarily, for the period until their device to a family for rearing, are transferred to organizations for children-orphans and children left without parental care, of all types.
constitutional amendments implies that the state takes on increased responsibilities in the family sphere, in questions of creation of conditions for worthy education of children in the family, against children, left without parental care. The future task should be the legislative strengthening and development of existing safeguards. We are talking about the procedures for communication on adoption (adoption), under guardianship (trusteeship and patronage) of children-orphans and children left without parental care, including follow-up measures of state support.
Support will have to be filled with specific content?
Pavel Krasheninnikov: Today there already exists a mechanism of state guarantees in this sphere. Of the new measures will be called that from February 1, 2020, when the transfer of one child to a family for rearing allowance is 18 004,12 RUB, and the adoption of a disabled child, child older than seven years, as well as children who are brothers and (or) sisters; 137 566,14 RUB.
Many regions live on grants and there seeking help often respond: “no Money…”
Paul Krasheninnikov: Guarantee the rights to education, to health care, to housing against children, ustavshihsmiling without parental care, shall not be infringed. You can use the experience of individual regions. For example, in the Ulyanovsk region in such cases kompensiruet part of the contribution for capital repairs. In the Nizhny Novgorod region provides priority to provide children with places in preschool educational organizations, organizations engaged in treatment, rehabilitation and recreation of children; one day a month free admission to state museums. A foster family is given a monthly monetary compensation in the amount of 100 percent payment for housing and communal services in part attributable to a foster child (children) the share of payment for these services.
you want to talk about the system and about the point changes. Currently, until January 1, 2021, establishes the right of children left without parental care, on admission to training on bachelor and specialist programs within the established quota. We believe that this right should be perpetual.
Often people just don’t know about taken the right decisions…
Pavel Krasheninnikov: I Agree, you need to consider simplifying the procedure for obtaining state support of foster families. Now she has declarative character, that is, the funds are transferred after the treatment foster parents. Data transfer to support such parents should be in the order of interdepartmental information interaction, in order to spare citizens from red tape.
a child is coming adoptive family. But there there are often scandals.
Pavel Krasheninnikov: the New constitutional provisions must show the necessity of improving regulations on the foster and the foster family. I believe that the patronage need to be considered along with the foster family as a kind of paid care (custody).
the Individual requirements to foster education established by the Treaty and the act of appointment of a guardian (foster parent). In some regions, the term of the contract is very brief, which is not entirely in the interests of the children.
How to learn not to be mistaken with the guardianship?
Pavel Krasheninnikov: the Moral upbringing of the child most effectively in the family. In this connection, you need active development and use of socially oriented organisations, which could provide social and psychological counseling to adapt to a new family member.
it is worth noting that considering a separate proposal to introduce a mandatory social-psychological examination of persons wishing to take care of the child, limiting the number of transferred children. ��now that there is no limit. At the government level, provided that the number of children in foster care, including native and adopted, usually not more than 8 people. But the developments in this area should be approached with extreme caution, so as not to violate the rights of children, the ability of close relatives to take children into the family.
Sometimes in your own family the child is living as stepson.
Pavel Krasheninnikov: of Course, the support of the institution of family is not confined only to the protection of the rights of children without parental care. An important element in overcoming difficult family situations is the implementation of measures aimed at prevention of family problems. We should agree with the view expressed in the science of opinion about the appropriateness of consideration of issues of participation of a psychologist, for example, by the courts when considering disputes related to the child’s place of residence or with determination of order of communication with children.
it is Necessary to develop legislation in the field of reproductive technologies, taking into account the interests of all participants of these relations, including child.
One of the important issues in the livelihood of any family is the purchase of their own homes, therefore, an important guarantee is the preservation and improvement of mechanisms of use of means of the parent (family) capital.
In the West, extended juvenile justice. And we need family law reform?
Pavel Krasheninnikov: I Think many will agree with me that a radical reform of family law regulation are dangerous, and some of the more radical proposals sometimes explicitly aimed at the destruction of the family.
to enact certain types of measures of juvenile technologies involve undue state interference in family life and in General severely threaten traditional family values. Such, I may say, the technology violates the principle of priority of family upbringing of children.
the Task of the state in family policy has become not complete control over the relations of children and parents, and providing opportunities for the education of children and their development in all families and providing families in difficult circumstances, moral and material support.
From these positions, you must not give priority to administrative and judicial procedures for the consideration of many issues related to the rights of the child, including removal. All of this should be in detail regulated in the law. In addition, it is necessary to develop the use of the institutions of damages and moral harm caused to the parents and the child in the event of undue interference of the authorities in family relations.
