Civil marriage in Russia (42804)Посмотреть архив целиком
De facto marriage
Degree of a readiness of a problem
Methods of measurement of family and extra family valuable orientations
Sociological methods as the tool of research of a phenomenon of a civil marriage in the Russian society
Marriage - it is legally of the free and voluntary union of men and women, aimed at creating a family and the generates reciprocal rights and duties. It is based on the feeling of love, true friendship and respect for the moral principles of construction of the family.
The legal framework of marriage is in its registration. In accordance with the law, only marriages registered in the prescribed manner, gives rise to rights and responsibilities of spouses. Marriage is a civil registry states, local governments (in rural areas).
Marriage can not be registered by any other authority. In this case it does not create rights and obligations linked with the emergence of the law of marriage. Believers consider it necessary to perform a religious rite of marriage. But this rite has no legal significance.
The wedding in the church can not replace the registration of marriage. In the interest of registration of marriage as a state and society, and citizens. Marriage provides a necessary compliance with the conditions of his detention, is also in order to protect personal and property rights and interests of spouses and children of the marriage.
Certificate "marriage" confirms the registration of marriage. Marriage is at the end of one month after the filing by persons wishing to marry a statement to the authority of registrar.
But it should be noted that the law set conditions for marriage and the obstacles to its conclusion. Compliance with the conditions of marriage is necessary for a marriage to become legal force. Condition of registration of marriage is the mutual consent of the parties entering into marriage, and they reach marriageable age. Mutual consent of the parties entering into a marriage destined to the very essence of marriage is voluntary and free union of a man and a woman.
De facto marriage
As you known, since 1996 in our country the new Family code operates. And practically right after its acceptances a number of the works analyzing its basic norms, including concerning conditions and a marriage order has been published. It is necessary to carry to such works, first, works of theoretical character: M.V.Antokolskaja, A.M. Nechaeva, L.M.Pchelintseva. All of them are devoted a modern Russian family law and were that theoretical base on which research of conditions and a marriage order has been constructed. Feature of some these works is also that in them is available: a material and the historic-legal character, considering evolution of a domestic family law. Especially successfully, in our opinion, it has been made A.M. Nechaeva which has devoted the whole chapter of the research to consideration of evolution of the domestic family legislation. Secondly, a number of Comments of the new Russian family legislation, different the good; The scientific approach. Thirdly, researches: the family legislation in which are considered a number of problem questions. It is necessary to carry T.V.Kashanina's works to them and A.V. Kashanin, O.J.Kosovaja, E.A.Katkova, G.J.Fedoseyev, O.V.Hyshiktuev. It is necessary to carry N.A.Semiderkin's who was engaged researches to works of applied character, basically, consideration of evolution of a domestic family law. In problems of transformation of a family law are engaged А.Ю. Konkov, O.G.Kurilenko, M.K.Tsaturova.
Brachno-family relations as one of the most significant spheres of functioning of a society were studied by many researchers, being object of steadfast attention of experts of some sciences as in our country, and abroad. Researches of a family, marriage, and birth rate are conducted in sociology, psychology, demography, ethnography and other social studies. Many of classics of sociology considered a family as a part of social structure, considering it as the factor of processes studied by them, but did not investigate marriage and family institutes purposefully. Proceedings of founders of the sociological theory O.Kont, G.Spenser, E.Djurkgejm, M.Veber, K.Marx, anyhow describing and explaining forms of a public life, should fix not passing value of the family-household organisation of life. From the middle of XIX century theoretical problems of a family are in sight of anthropologists and ethnographers. During the same time of L. Morgan, observing a social system of the American Indians, their family life, has created new branch of sociology – a science about a family. It by right consider as the founder of this science. For the analysis of family-marriage relations in works of M.Kovalevsky, F.Le Ple, F.Engelsa have great value.
Now the family sociology concerns the category of special sociological theories. Its allocation in independent branch of sociological knowledge has occurred in 60-80th of XX century To second half XX century the considerable empirical material on the family problematic, demanding theoretical judgment and generalisation has been saved up. Works of foreign authors E.Giddens, U.Gud, D.Popenoe are of interest, etc. Abroad from the middle of 70th serious attempts to creation of the special sociological theory of a family are undertaken.
Among researchers of a family up to 1960th the family theory dominated functions. For the first time family functions were divided by P.Sorokin, it is the outstanding representative of a functionalism, analyzing a family from the point of view of its functions or social requirements to which it serves. It studies not only family evolution, but also its statistics, functions, typology, external and internal communications. By scientists of the twentieth century family transformations have started to be investigated. Two theoretic-methodological approaches to family studying were at the moment generated. The family current state is considered by one researchers from a position of crisis of a monogamous family (A.I.Antonov, V.M.Medkov, And. V.Artjuhov, etc.), others – from a position of transformation of family structures (S.I.Golod, T.A.Gurko, And. R.Mikheyev, etc.). Formation of sociology of a family in our country is connected with a name of A. G.Harchev. Its concept of a family formulated within the limits of a structurally functional paradigm, dominated prior to the beginning of 90th of XX century Change of a political situation in Russia promoted revision of the basic paradigms within the limits of sociology.
For our research the works considering various aspects of "de facto marriage" as the form of family-marriage relations, first of all, are important. For domestic sociology the certain blank in studying of not registered communications between men and women as during the Soviet period they were considered as time, alien to the Soviet society to the phenomenon, remained from the past is characteristic. However now attempts of researches of the problematic connected with distribution of illegitimate relations are already made. Here it is possible to note T.A.Bogdanova and A.S.Schukin, S.I.Golod, T.A.Dolbik-Vorobej's works. Among the researchers directly studying not registered relations, it is necessary to note V.Kartsev, S.Chujkina, E.Vovk, A.B.Sinelnikov, M.Bosanats, O.J.Kosovaja, A.A.Kletsin And. R.Mikheyev in which works problems of not registered unions and illegitimate birth rate in Russia are most full consecrated. Also among works of researchers of family-marriage relations first of all it is necessary to note researches of group of the Khabarovsk sociologists led by the professor N. M.Baykov. The analysis of the scientific literature testifies that the social institute of a family is deeply enough studied from the various parties. "De facto marriage" phenomenon in our society extends more and more, however completely is not studied yet and reserves weight of questions, demanding definition of its place in modern family system. Behind a side of accurate understanding there is a question, what value "civil marriage" has for the most social institute of a family.
Degree of a readiness of a problem
Studying of values and valuable orientations, including family and extrafamily, methods of their measurement, the factors influencing their formation, possible consequences of prevalence in a society of those or other values and valuable orientations concerns a number of the major directions of sociology, social psychology and philosophy.
The first sociologists who have mentioned a valuable problematic were M.Veber and E.Djurktejm which have proved necessity of studying of values a sociological science and have brought the important contribution to understanding of a society as value-standard system. However only the American sociologists U.Thomas and F.Znanetsky have carried out for the first time empirical research of valuable orientations the beginning of this century, having applied a method of the analysis of documents.
In 1970th the American sociologist M.Rokich has developed a technique of measurement of the valuable orientations, subsequently received wide application in researches of foreign and domestic sociologists. In our country a number of sociological researches of valuable orientations with use of the modified classification of values of M.Rokicha has been spent V.A.Jadov.
Throughout last decades in many countries of the world, and, in particular, from the end of 1960th in Russia, problems of formation of family and extra family valuable orientations were actively investigated. In the early seventies scientists of the Moscow state university of M.V.Lomonosov under the direction of A.I.Antonov have started development of methods of definition of a parity of orientations to a family and extra family activity in selective field sociological interrogations.