The concept of traditional family values in Russian law: reasons for absence, problems, prospects

Introduction. A human being, regardless of the level of development of a particular individual, tends to attach value to certain objects of a tangible or intangible nature. According to the definition of Ozhegov's Explanatory Dictionary, "value" is a multifaceted concept that has, among other things, a philosophical character. Thus, value is the "non-verbalized "atomic" components of the deepest layer of the entire personality structure." Of course, this definition is not the only one, the intangible nature of value can be described much more simply and briefly, but it is this definition of value that attracts our attention in the context of this study.

Purpose. The purpose of the research is to establish the reasons for the absence of a definition of traditional family values in the legislation of the Russian Federation, given the current state policy in the field of family support and the apparent focus of legal norms on elevating the authority of traditional family values. The research also aims to outline further prospects for the development of domestic law in this area, as well as to raise questions and formulate tasks that must be addressed by the legislator in improving the legal regulation of family relations.

Methods. The analysis method was used by the authors when studying the state policy in the field of supporting family and marriage institutions, focusing on the moral and ethical aspects of family relations and traditional family values. The synthesis method was applied to illustrate the problem of the absence of a definition of traditional family values in Russian law, despite the perceived need for its formulation and implementation in legislation to specify and coordinate law enforcement practice. The authors’ use of the synthesis method is reflected in the generalization of diverse data (content of federal and regional legal acts, scientific doctrine data, statistical information, and law enforcement practice materials), which together provide the most comprehensive «portrait» of the problem addressed in this work. The comparison method was also implemented in studying the order of legal regulation of family relations and actual marital relations in historical retrospect, contrasting it with the current legal order of the Russian Federation. The use of induction and deduction methods allowed the authors to hypothesize about the lack of interest by the Russian legislator in forming the concept of traditional family values and the possible objectivity and validity of this position. These methods were also applied when formulating the conclusions of this work and posing questions about the future prospects of domestic legislation.

Results. The imperfections in the legal regulation of family relations are clearly evident, particularly given the emerging need to regulate the moral dimension of societal life and to increase public interest in entering into family relationships – relationships whose foundation should be built upon traditional spiritual values. Attempts to establish legal regulation of this aspect of family relations – aiming not only to govern their external manifestations but also their internal dynamics – inevitably encounter the challenge of striking a competent and effective balance between tradition, contemporary realities, and societal attitudes towards issues of family, marriage, and procreation. The range of obstacles to establishing state regulation in this sphere of social life – as identified through analysis of theoretical frameworks, law-enforcement practice (primarily judicial), and sociological research materials – appears to the authors to be extensive. These obstacles require thorough examination in light of all the circumstances and factors involved, which, the authors argue, have a negative impact on ensuring legal protection for the institution of the traditional family.

Conclusions. The realities of social life, according to the authors, create conditions necessitating further improvement of national legislation norms. However, the pathways for such improvement remain rather uncertain. Given the plurality of approaches to defining traditional family values and the divergence in views among law enforcers – whose actions should align with the current state policy on protecting and upholding family values (which, it should be noted, is still in its early stages of development) – the future prospects for enhancing the Russian legal order are unequivocally acknowledged by the authors as existing, yet they require a thoughtful balance between the realization of state objectives and public interests. The very category of «traditionality» must be examined in greater detail by the legislator. This would represent merely one of the initial steps already undertaken towards reviving, elevating, and strengthening the authority of family, marriage, and parenthood.

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