The problems of determining the competence of the subjects of the Russian Federation in the field of family protection
https://doi.org/10.24147/2542-1514.2017.1(2).65-84
Abstract
УДК 342
This article is dedicated to one of the problematic issues of Russian federalism – the definition of the competence of subjects of the Russian Federation in the social sphere related to the protection of the family.
Results. It examines in detail the legislative powers of the regions on the subjects of joint conducting with the Russian Federation providing the state guarantee protection and family support. The author addresses to the analysis of the provisions of the Constitution of the Russian Federation, charters and constitutions of subjects of Federation, the current Federal and regional laws, decisions of the constitutional (Charter) courts of constituent entities of the Russian Federation, devoted to family relations. Attention is drawn to the variety of regional sources, including the codified legislative acts.
Special attention is paid to the analysis of additional safeguards for the support of family, motherhood, fatherhood and childhood, established by the Federation.
Among the measures of social support of families with children are allocated 1) a single, monthly and annual cash payments; 2) provide in-kind assistance; 3) provision of benefits; 4) organization of social services. Analyzed regional laws establishing benefits for newborn children measures of social support of large families and young families, specific support to traveller families, as well as laws about the rights of children, safeguards the rights of children-orphans and children left without parental care, about public tutors of minors, commissioners for the rights of the child.
Conclusion. Geographic, geopolitical, economic, political, ethnic and other peculiarities of the Russian regions attract particular creation and activities of their government, including lawmaking. The necessity of preserving the rights of subjects of the Russian Federation on advancing the legal regulation in subjects of joint conducting.
Criticized Federal legislation, annually changing the list of powers of authorities of subjects of the Russian Federation including those provided by protection and family support. The main problem of realization of the competence of subjects of the Russian Federation in the field of protection of the family the author is seen in the shortcomings of their legal definition, in securing for the subjects of authority without adequate financial support.
Keywords
Powers,
subject of the Russian Federation,
family,
support,
protection,
motherhood,
childhood,
paternity
About the Author
S. Narutto
Kutafin Moscow State Law University (MSAL)
Russian Federation
Russian Federation
Doctor of Law, Professor, Department of Constitutional and Municipal Law
SPIN-code: 6384-7799; AuthorID: 392890
References
1. Andrichenko L.V. division of powers between public authorities in education, in: Putilo N.V., Volkova N.S. (eds.). Educational legislation of Russia. A new milestone of development, Monograph. Moscow, Institute of legisla-tion and comparative law under the RF Government Publ., Yurisprudentsiya Publ., 2015, pp. 61–85. (In Russ.).
2. Tukhvatullin T.A. Competences of constituent entities of the Russian Federation: problems of identification and legal regulation (constitutional and legal research). Gosudarstvennaya vlast' i mestnoe samoupravlenie = State Power and Local Self-government, 2016, no. 1, pp. 43–49. (In Russ.).
3. Stepanova A.A. Once again on the Federal structure of Russia. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and Municipal Law, 2015, no. 7, pp. 20–24. (In Russ.).
4. Zorkin V.D., Lazarev L.V. (eds.). Commentary on the Constitution of the Russian Federation. Moscow, 2009. 1056 p. (In Russ.).
5. Kazannik A.I., Kostyukov A.N. (eds.). Constitutional law, University course, in 2 volumes. Moscow, Prospekt Publ., 2015. Vol. 2. 523 p. (In Russ.).
6. Lunina E.V. Commentary to the Federal law of 29 December 2006 No. 256-FZ "On additional measures of state support of the families having children" (itemized). Available at “ConsultantPlus”. (In Russ.).
7. Tikhomirov Yu.A., Yurtaeva E.A. Code in the system of legislative and other legal acts. Zhurnal rossiiskogo prava = Journal of Russian Law, 1997, no. 4, pp. 7–13. (In Russ.).
8. Dudko I.G., Lukshin A.B. Mordovian Republic (experience and perspectives of developments in legislation). Zhurnal rossiiskogo prava = Journal of Russian Law, 1999, no. 10, pp. 102–111. (In Russ.).
9. Vishnyakov V.A. Commentary to the Family code of the Russian Federation, 3rd ed. Moscow, Kontrakt Publ., 2011. Available at “ConsultantPlus”. (In Russ.).
10. Azarova E.G. Multi-Child Family and Problems of Its Social Welfare. Zhurnal rossiiskogo prava = Journal of Russian Law, 2014, no. 3, pp. 63–78. (In Russ.).
11. Gerasimov V.N. Problems of modern families with many children in Russia: a comparative analysis of the legislation of the EU. Rossiiskaya yustitsiya = Russian Justitia, 2011, no. 2, pp. 60–62. (In Russ.).
12. Bekishieva S.R., Kurbanova А.М. Problems of Improvement of The Russian Legislation on Social Security for Families With Children. Aktual'nye problemy rossiiskogo prava = Actual problems of russian law, 2016, no. 6, pp. 157–164. (In Russ.).
13. Netchaeva A.M. Protection of a Child’s Interests in a Large Family. Zakony Rossii: opyt, analiz, praktika, 2012, no. 6, pp. 59–67. (In Russ.).
14. Zhmurko S.E. Garden, vegetable and suburban land: ownership, use and disposal, 2nd ed. Moscow, Rossi-iskaya Gazeta Publ., 2016. 144 p. (In Russ.).
15. Petyukova O.N. (ed.). Social protection of the family: improving the mechanism of legal regulation. Moscow, Delovoi Dvor Publ., 2015. 176 p. (In Russ.).
16. Narutto S.V. Patronage as an institution to protect the property rights of minors: specific features of regional regulation. Aktual'nye problemy rossiiskogo prava = Actual problems of russian law, 2013, no. 12, pp. 1559–1571. (In Russ.).
17. Kurbanov R.A. (ed.). Family law. Moscow, Prospekt Publ., 2015. 240 p. (In Russ.).
18. Avakyan S.A. Constitutional and legal problems of centralism, democracy and decentralization in the mod-ern state. Konstitutsionnoe i munitsipal'noe pravo = Constitutional and Municipal Law, 2005, no. 8, pp. 2–7. (In Russ.).
19. Kirienko G.S. On some issues of economic development of the Russian Federation. Rossiiskaya yustitsiya = Russian Justitia, 2012, no. 2, pp. 11–14. (In Russ.).
20. Umnova I. The problems of federal degradation and perspectives for the optimization of the contemporary Russian model of the division of jurisdictions and powers in the context of the subsidiarity doctrine. Sravnitel'noe konstitutsionnoe obozrenie = Comparative Constitutional Review, 2012, no. 2, pp. 45–55. (In Russ.).
21. Kovalevsky V.I. A Box for a Child (on Some Aspects of the Project “Baby Box” and its Implementation in Russia). Sovremennoe pravo = The Modern Law, 2015, no. 10, pp. 75–78. (In Russ.).
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For citations:
Narutto S. The problems of determining the competence of the subjects of the Russian Federation in the field of family protection. Law Enforcement Review. 2017;1(2):65-84. https://doi.org/10.24147/2542-1514.2017.1(2).65-84
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