Summing up dissertational research, it is possible to draw a conclusion that the state legislatively regulates only the general questions of family-marriage relations, thus does not consider specificity and an urgency of separate elements of investigated relations.

Having investigated marriage elements as multilateral institute, we ask a question on a marriage role in a family. Whether marriage by an element is obligatory, or facultative in family relations. Having carried out the theoretical analysis, we come to a following conclusion: as the element facultative marriage concerns sphere of social marital relationships. As the obligatory element should be carried marriage to sphere of legal marital relationships.

Acquiring rules of law, marriage is shown as the relation having own methodology, allowing to speak about marital relationships, as about the legal institution. Studying and the analysis of the scientific literature only proves our conclusions. Thus, speaking about marriage as about legal relations, it is necessary to speak, first of all, about marriage institute.

Conclusions are made also at carrying out of researches in sphere of the state family policy. Development of social sphere within the limits of legal development of a state policy of Russia has not smaller value, than economic development of the state. Specificity of protection of a family at nation-wide level assumes use of receptions of administrative influence on family sphere.

The material factor undoubtedly is important for realisation of problems on improvement of a demographic situation of the country, however it is not the only thing. Spiritually-moral installations are necessary. For the state important not only to raise birth rate growth, but also to raise quality of a demography as a whole. In a modern society the state youth programs on cultural development and a historical heritage of Russia and subjects of the Russian Federation, the program on creation of financially accessible circles and the organisations on culture and native land history are necessary. All it demands the state support for performance by a society of the purposes put by the state and should be expressed not only in sufficient and rational financing, but also in due attention to sotsiokulturnomu, to psychological development of a society and the state as a whole.

State guarantees on support and attraction of interest of spouses in creation and preservation of a stable and strong family are necessary. Thus the state at maintenance of such guarantees is interested, first of all, in creation strong and is moral healthy generation. Realisation of these problems is possible only at formation and development of young generation in a traditional family where each of spouses can provide care and the help to the children in a sufficient measure, bringing up in them versatile and not cynical persons.

In sociology relations operational are allocated also, or pretenzionnogo character which find the application in matrimonial relations, however do not concern a category of a strong traditional family. Following the given rules, matrimonial relations can become stronger and safe. It is scientifically proved, that mental health and emotional satisfaction well influences stability and well-being of a family. To reach it it is possible only in the presence of the effective mechanism of the right regulation of matrimonial relations in sphere of maintenance of guarantees of spouses on realisation of own rights in a family.

In our opinion, the marriage institute in Russia worries a transition period that is reflected in search of various forms and types. It is possible to consider as external display of the given transition the crisis phenomena of marital relationships, growth of number of divorces, tsennizm to traditions and customs of a family, depreciation of main principles of marital relationships.

That the marriage institute on end of a transition period has not lost the functions, problems and principles, it is necessary to lay the foundation for revival of traditional relations now already. This problem cannot be solved without state and society interaction, it vzaimnovygodnogo influences against each other, satisfactions of interests social and legal in marital relationships.

In the presented dissertation the complex analysis of norms of the operating Family code of the Russian Federation, namely institute of marital relationships is carried out.

It is necessary to notice, that marital relationships, as well as any other kind of legal relations, has the special specificity of objects. Designating the opinion concerning division of the given concepts, it is necessary to tell, that non-property relations which are expressed in individual rights and duties brachujushchihsja can be objects of marital relationships only: the right to a choice of an occupation, a trade, stay and residence places, the right to a surname choice.

Objects of marital relationships are defined by the law on a circle of persons: the persons marrying, spouses, the former spouses. It is necessary to note and such feature of marital relationships, as elements of morals inherent in them which in the current legislation are not settled by rules of law.

Analyzing in the dissertation historically developed experience of early marriages in territory of the Don edge, and also considering growth of number of mixed marriages in the Rostov area, characterised raznonatsionalnym structure, is not present necessity of amendment for the legislation of the Rostov area concerning change of age of consent at marriage registration.

In the presented dissertational research, private and public are closely connected with each other, that proves to be true first of all protection of the rights and interests of spouses the right. The parity private and public interests should be harmonious, in it harmonious reflexion of interests of a society and the state (social and legal) is expressed. Timely and adequate action of the right to the changes occurring in a society, in our opinion, is effective way of a harmonious parity of private and public interests.

Considering the problems accompanied by distribution of not registered unions, we can observe, that in spite of the fact that the basic cargo of responsibility for a choice of the form of family behaviour lays on the person, but the state and a society cannot stand aside of occurring changes in sphere of family-marriage relations. In our opinion, the accurate position concerning consequences of the processes accompanying transformation of institute of a family, in particular, of various forms concerning distribution of relations of co-habitation should be developed.

The analysis of prevalence of co-habitation in fact in the modern Russian state allows to approve, that the given phenomenon gets more and more widespread character, as a matter of fact, transforming living together relations in separate social institute which requires legislative settlement.

In Russia the unisex unions in the long term can have legal regulation only with the big restrictions under the legal maintenance. Unisex marriages should be distinguished from co-habitation relations. It is connected not only with subject structure of such union, but, first of all, that legal regulation of living together relations is directed on protection by the state not only property rights, but also on protection, and also protection of the rights and interests of the child in the unisex union of his parents. In the unisex union of the person obviously should be ready to regulation of relations only among themselves. Homosexual steams taking into account the Russian mentality cannot possess the right on roditelstvo as the risk of psychological problems for the child nevertheless takes place to be. The state in turn should care not only of quantity, but also about quality of members of a society. The state family policy is directed on creation and strengthening of a safe family. The unisex union by the definition cannot be focused on creation of a safe family.

The problem of unisex "marriages in fact" exists, and ignoring by its state does not promote protection of valuable interests of living together persons. As the alternative can be offered registration of unisex marriages in a notarial order by drawing up of the partner contract.

The partial recognition of matrimonial laws of the unisex unions by entering of the changes offered by the author, does not represent serious threat for a society as the share of such unions in Russia is insignificant, and dynamics of growth of number of representatives of sexual minorities is not observed.

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A source: Zakirova Svetlana Andreevna. LEGAL REGULATION of MARITAL RELATIONSHIPS In the LEGISLATION of the RUSSIAN FEDERATION. DISSERTATIONAL WORK on competition of a scientific degree of the master of laws. Rostov-on-Don -. 2014

More on topic THE CONCLUSION:

  1. the Conclusion
  4. the Conclusion
  5. the Conclusion
  7. the Pathomorphologic conclusion