Psychological and legal aspects of family protection
Year: 2024
Type: article
Abstract: Family and personality are like a two-faced Janus in human life. History knows periods of patriarchal family, and periods of liberation from family ties. They have always been accompanied by an ideology justifying such modus vivendi. The family, like the state, is necessary for a person to create conditions for development, to protect, to provide communication with the outside world. Today, the family needs support. The reasons and means of such necessity are the main issues of the article. The article characterises the functions of modern family, clarifies the essence of the notion of “safe-type personality”, “safe-type family” and considers the conditions of their formation. The means of protection are diverse, and among them the means of education and coercive measures are habitual. There has always been a connection between these regulators of impact on the family, which weakens and strengthens now and then. Neglect of legal norms and reliance on education (psychology of behavior in the family) or vice versa lead to deviant behavior, therefore a system of measures is needed. The forms of state coercion vary, but typicalislaw, including criminal law. To curb the negative impact on the family, the article proposes a set of measures, including: 1) psychological and pedagogical formation of a “safe-type family”, 2) criminal-legal, as the addition of several articles to the Criminal Code of the Russian Federation: Article 1231 of the Criminal Code of the Russian Federation “Coercion to artificial termination of pregnancy”; Article 1491 of the Criminal Code of the Russian Federation “Discrediting the family and family values”; Article 1561 of the Criminal Code of the Russian Federation “Coercion to enter into or dissolve the marriage”; as well as the inclusion of additional qualifying characteristics in the current articles in the following chapters of the Criminal Code of the Russian Federation: chapters 16–20, 25 of the Criminal Code of the Russian Federation.
Authors: Vladimir Burlakov, Lilia Plotkina
Institutions: St Petersburg University, Herzen University
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4405732175