Explore Article 38 of the Constitution of the Russian Federation. In our country, family, motherhood, childhood is under the protection of the state

H Akones of the Russian Federation - Constitution of the Russian Federation, Family Code of the Russian Federation, other federal laws.

For instance:

Federal Law of December 21, 1996 "On additional guarantees on social support for orphans and children left without parental care" or

Federal Law of July 24, 1998 "On the basic guarantees of the rights of the child in the Russian Federation."

Constitution of the Russian Federation and family law

In accordance with paragraph "K" Part 1 of Art. 72 Constitution of the Russian Federation Family legislation is in joint jurisdiction of the Russian Federation and its subjects.

The Constitution of the Russian Federation consolidated the basic principles of family law. So, st. 19, 38 of the Constitution of the Russian Federation proclaim:

state protection of family, motherhood, paternity and childhood;

equality of the rights of spouses in the family, the rights of parents to raise children who are both parental responsibilities.

The basis of family law in the Russian Federation is Art. 38 of the Constitution of the Russian Federation:

Article 38 of the Constitution of the Russian Federation

Maternity and childhood, family are under the protection of the state.
Caring for children, their upbringing is equal to the right and obligation of parents.
Wheel-bodied children who have reached 18 years must take care of disabled parents.

So in accordance with Part 1 of Article 38 of the Constitution of the Russian Federation "Motherhood and childhood, the family is under the protection of the state."

The Constitution of the Russian Federation, as already noted, establishes that family legislation is in joint management of the Russian Federation and subjects of the federation, which allows, along with the uniformity of the general principles of family legislation, to take into account national characteristics, local conditions and traditions.

Family Code of the Russian Federation and family law

Family Code of the Russian Federation, operating since March 1, 1996, is the main source of family law in the Russian Federation and covers a wide range family relationshipssubject to legal regulation.

The Family Code of the Russian Federation consists of the following major sections:

Conclusion and termination of marriage,

Rights and obligations of spouses

Rights and obligations of parents and children

Aliminal obligations of family members

Forms of raising children left without parental care,

The application of family legislation to family relations with the participation of foreign citizens and stateless persons.

Civil Code of the Russian Federation and family law

The Civil Code of the Russian Federation is also a source of family law. Norma civil law Apply to family relationships in cases:

directly provided for in the Family Code of the Russian Federation;

if family relations are not settled by family legislation or agreement of the parties, provided that such use will not contradict the being of family relations (Art. 4 of the Family Code of the Russian Federation).

The laws of the constituent entities of the Russian Federation, who regulate family relations on issues directly related to the Family Code of the Russian Federation to conduct subjects of the Russian Federation.

For instance:

set the procedure and conditions, in the presence of which marriage can be resolved until the age of 16 years;

organize the activities of organs local governments on the implementation of guardianship and guardianship over children remaining without parental care;

create questions directly not settled by the Family Code of the Russian Federation.

Decrees of the President of the Russian Federation on the regulation of family relations, which are mainly approved by the activities of the national level having a comprehensive nature.

For instance:

Decree of the President of the Russian Federation dated May 14, 1996 No. 712 "On the main directions of state family policy" and others.

Decrees of the President of the Russian Federation should not contradict the Family Code of the Russian Federation and other federal laws.

Decisions of the Government of the Russian Federation, which are accepted on the basis of and in pursuance of the Family Code of the Russian Federation, other federal laws and decrees of the President of the Russian Federation and are organizational and administrative or financial character.

The competence of the Government of the Russian Federation in accordance with the Family Code of the Russian Federation, in particular, belongs:

determination of the procedure for transferring children to adoption, as well as monitoring the living conditions and education of children in families of adoptive parents in the territory of the Russian Federation;

approval of the regulations on the admission family;

establishing a list of diseases, in the presence of which a person cannot adopt a child to adopt it under guardianship (guardianship), and other functions for which the relevant decrees are adopted.

The Government of the Russian Federation has the right to take decrees containing the norms of family law, only in cases directly stipulated by federal laws or decrees of the President of the Russian Federation.

For instance:

according to Art. 82 of the Family Code of the Russian Federation by Decree of the Government of the Russian Federation of July 18, 1996 No. 841 identified the types of earnings and other income of parents, of which the deduction of alimony on minor children is carried out;

Decree of the Government of the Russian Federation of February 14, 2013 No. 117 establishes a list of diseases, in the presence of which a person cannot adopt a child, take it under custody (guardianship), take into a reception or patronage family.

Regulatory acts of federal ministries and departments For family law issues, which develop and specify the individual provisions contained in the RF government regulations.

Norms of International Family Law

Turning on norms international law and international treaties in the legal system of the Russian Federation means that the norms of international law and international treaties are occupied first place among sources of law.

That is why, if the international treaty concluded with the participation of the Russian Federation, other rules have been established than, in particular, the family legislation of the Russian Federation, the rules of the international treaty are applied, which is specifically stated in part 4 of Art. 15 Constitution of the Russian Federation:

4. Recognized principles and norms of international law and international treaties of the Russian Federation are part of it legal system. If other rules have been established by the International Treaty of the Russian Federation than the rules of the International Treaty provided for by law are established.

The number of international legal acts in the field of family law includes:

the norms of international law that are important to regulate the family relations contained in the UN Charter,

Convention of the CIS countries on legal assistance and legal relations on civil, family and criminal cases of January 22, 1993 and in DR.

Basic principles of family law in the Russian Federation

Principles of family law - These are the basic principles and guidelines enshrined by family legislation, in accordance with which the norms of family law are regulating the personal and property family relations of citizens.

The main principles (principles) of family law in the Russian Federation include (Article 1 of the Family Code of the Russian Federation):

Recognition of marriage concluded only in civil status records.

The state registration act is confirmed that this Union received public recognition and protection. After state registration of marriage, the registry offices arise legal relations settled by family legislation.

Voluntary of the marriage union of men and women.

Marriage is recognized as a voluntary, free and equal union of men and women. Volunteer means the right of every man and every woman to choose a wife or husband at its own discretion and the inadmissibility of any third-party impact on their will in solving the issue of marriage. This principle Presums and freedom of divorce.

Equality of spouses in the family.

This principle is based on constitutional principle Equality of the rights and freedoms of a man and a woman (Art. 19 of the Constitution of the Russian Federation) and is expressed in the fact that her husband and wife have equal rights in solving all issues of the life of the family.

Resolution of intra-family issues by mutual agreement.

This applies to the solution of any questions of the life of the family (spending of general spouses; possession, use and disposal of common property; concluding a marriage contract or agreement on the payment of alimony for the maintenance of children, etc.).

The priority of family education of children, care for their welfare and development, ensuring the priority protection of their rights and interests.

This principle is ensured by the rights of the child provided for by the UN Convention on the Rights of the Child 1989, the participant of which is the Russian Federation, the provisions of the Family Code (Art. 54-60, 61-68, 8 ° CX). Of particular importance is the right of a child to live and brought up in the family. SC, defining the form of the device of children left without parental care, gives the priority to family education.

Ensuring priority protection of the rights and interests of disabled family members.

The law provides the right to require difficult family members of the opportunity to provide themselves with the necessary means of existence.

Unitouch (monogamy).

This means that a man or woman can be at the same time in one registered marriage. Marriage with a person who previously held in a registered marriage is possible only if there are documents on the termination of the previous marriage (certificate of divorce, about the death of the spouse, the decision of the court on recognizing marriage is invalid).

History of the development of family legislation in Russia

Initially, family relations in Russia were regulated by the usual right, for example, a rite of walling, wraps, weddings were determined by customs.

The first similarity of the law in the field of family law can be called Nomocan (feeding book) - the meeting of the Byzantine family law, consisting mainly from the canonical rules and secular decrees of Byzantine emperors.

Feeding book (Nomocan) began to be used in Russia with the adoption of Christianity. The feeding book gave the definition of marriage:

"Marriage is Music and Wife, a combination, and an event in all life, the divine and human truth of communication."

Family law standards were then kept:

in the arch of the canonical right of 1551,

in the cathedral tested 1648,

family law of Peter I was based on the Decrees 1714, 1722.

Code of laws Russian Empire The end of the XIX - early XX century. (KN. 1 t. X "On the rights and obligations of family") regulated family relations until the October Revolution of 1917.

In the Soviet period to the main regulatory legal acts In the field of family law belong:

Decree on civil marriage, children and the conduct of books of acts of civil status, as well as other decrees of 1917, 1918;

Code of laws on acts of civil status, marriage, family and guardianship - the first codified family legal act, adopted October 22, 1918;

Code of marriage laws, family and care of 1926;

decrees of the Presidium of the Supreme Soviet of the USSR of July 8, 1944 "On an increase in state assistance to pregnant women, large-walled and lonely mothers, strengthening the protection of motherhood and childhood, to establish the honorary title" Mother of the Heroine "and the institution of the Order" Maternal Glory "and Medals" Maternity Medal "And dated May 14, 1945" On the procedure for applying the Decision of the Presidium of the Supreme Soviet of the USSR of July 8, 1944 against children whose parents are not among themselves in a registered marriage ";

Code of Marriage and Family of the RSFSR 1969, which has lost legal force Since the entry into force from March 1, 1996 of the Family Code of the Russian Federation.

Family is a very important social unit that is under the protection of the law. Article 38 of the Constitution of the Russian Federation clearly stated that:

1. Maternity and childhood, family are under the protection of the state.

2. Caring for children, their upbringing is equal to the right and obligation of parents.

3. The working children who have reached 18 years must take care of disabled parents.

The family, as the main element of society, was and remains the keeper of human values,

the life of a person begins with the family, here is the formation of him as a citizen. Family is a source of love and respect, this is what a person cannot exist without anything.

This number we decided to devote the topic "Family" that it means for a person that the state does to support the family. After all, not only adults should be interested in this question, but also of us, children, because we are future parents.

Editorial Board "School Life"

Rights the child wonderful laugh,

And mother sits from the cradle,

Child caressing quiet song.

And the house, a consecrated prayer,

It is worth open to all winds,

And teaches grandchildren grandchildren

Words: "Operation", "Mom", "Temple".

Chorus:

Keep each other at all times

Live in Lada and Harmony.

And let your life be consecrated

Love Peter and Fevronia.

Family - love Great Kingdom.

In it faith, righteousness and power.

Family - state support

My country, my Russia.

Family - source source,

Heavenly angel storage.

And sadness, and joy, and sadness -

Some at all are inseparable.

Let them repeat in the clad

Blessed life days.

Khrand, Lord, Family Forest,

L. yubov beloved Okrani.

Ilya Reznik

Health is more precious than gold

W. Shakespeare

The most expensive in the world is the health of yourself and your loved ones. Here's not far from the Graduation Mountain, the Institute, and then the family. Some are even now thinking about the wedding. But there is a more huge topic for thinking - these are our future children! We all will have them, the main thing is whether they will be healthy ...

As they say, "take care of honor" and health, of course, you need to take care of the Smalod. Only from us and on our health depends, what future offspring will be. If we smoke, drink, in general, to keep an unhealthy lifestyle, how do you think, what children will we have? Healthy? This question is now very difficult to answer, since at the moment we do not think about our health, we do not think about the consequences of disease. But it's time ... yes, not even time, but you always need to think about it!

Agree, it will not be very good if, God forbid, something will not be so with your child, whom you waited with your loved one and wanted. You will curse yourself then for the fact that Cezalabern attributed to their health, spoiled him. After all, in my youth, I want to try everything, because the life is alone! So this very life is necessary to preserve, love, keep, treat it, as something more worth it. And not chase to smoke allegedly now fashionable and cool. Yes, who did you say this? If you have a cigarette in your teeth - it does not mean that it is cool that you look like adults! Nothing like this! A more adult man who learned about his mistakes will tell you that it is not. You strive to seem more adults, but do not really think about your health and your future.

G. it is more pleasant to feel healthy, independent of any bad habits. You can't buy health, it will not even cure it to the end if it is undermined. If a thread break, no longer tie so that there is no node. Take care of health, engage in sports, and do not run smoking by the doorway. Do not drink this liquid that atrophies the brain, do not take drugs. Think about your health and the health of future children.

Scheleg Catherine, 11 B class

P roblam family is one of the most important problems of modern Russian society. In Russia, so many disadvantaged families, incomplete families, low-income and large families, who particularly need cash to feed and dress a large family. We, schoolchildren, no less than adults, worry the problems of society, we want to find out what the state does for families who need support. To this end, we went to the head of the Office of Social Protection of the Population of Lydia Mikhailovna Borisova.

- Lydia Mikhailovna, what role is the management of social protection plays in support of families?

Many laws of the Krasnoyarsk Territory are aimed at supporting the family, so our social protection management is endowed government authority In terms of paying benefits, or otherwise providing social support for families.

- What kind of families do you assist?

We receive monthly benefits for families of families who have income below the subsistence minimum. Such families are low-income. This monthly benefit children get to the age of majority. In addition, in order to improve the demographic situation in the region, and in the whole country, payments are going to the birth of a child, then the moms who are sitting at home with their children to one and a half years, and moms, whose children are not given a place in the children's preschool educational Institution - in kindergarten. In addition to the regional subventions, which go to the help of the family, we still receive money from the Social Insurance Fund, for example, for travel tickets to children. Also, low-income families have the right to receive material assistance during the year, for example, on the office, on clothing, etc. This is a small amount, but it is sometimes sharply necessary. Special assistance is disabled children. It turns out the help of large families. In addition to other social support measures, large families have benefits for utility bills. Large families have the right to get a land plot.

- What events are held in this direction?

This year, we launched a district project "Family", in which 29 families from different villages of our district participated: from Tigino, Bartat, Talovki, Elovka, etc. We concluded a social partnership agreement with these families. What is his essence? We help the family to plow the garden, give seed material if it is not, and the family undertakes to process the site, plant and remove the crop. Such a district project creates motivation to the use of its work. We help find a family of some ways from a difficult life situation. The family's prize money was invested in the development of their farm. In addition, 4 families participated in the regional contest "My Family". They also provided assistance from the regional charitable foundation of the governor on the development of a subsidiary farm. These were families from Russian, from Big Murt, from Bartat. In the context of a difficult economic situation, especially for large families, the implementation of such projects is simply necessary. It is aimed at improving the quality of life of a large low-income family, to strengthen the welfare of such a family, to increase its social status and prestige.

- Tell us about the Center for Social Services of the Population? How does he help families needing support? What kind of help is there for children?

There are several offices in the center. The elderly office helps to those people who retired, which remained alone for health, can not always do the work on the house, go to the store. For such people, there is a home service that performs a social worker. Department of Urgent Service All homemade concerns and affairs take over. Older people come to the center, hiding from their loneliness. They can engage in their favorite interesting things, these conditions are created there. The Department of Rehabilitation of Disabled Children, which helps such children to undergo a rehabilitation course so that they can be engaged in the school, feel comfortable in other conditions, etc. The Department of Psychological and Pedagogical Aid is working with difficult children. Experienced psychologists help such children to find ways to solve problems created. Psychologists work not only with children, but also with parents. Help providing a psychological service is very valid. It is important that the streets are not replenished with homemade. To do this, there is a branch of prevention of neglect.

- What is for you, Lydia Mikhailovna, then the family?

Family is not only a state cell, society. First of all, the family is a house, children, grandchildren. We create families to give birth to children to leave on the ground a track after yourself. And in this family, decent citizens are raised for our society.

- What would you wish students and their families on the eve of the New Year?

I, first of all, I want to wish everyone to wish good, health, understanding each other, just be tolerant in relation to each other, tolemen to each other, and to always be good in your families, so that any family can be proud of their children, senior people Generations could be proud of their grandchildren, so that peace, good, well-being to everyone in the new year.

Bondarenko Anastasia, 9 B class

Olga Pokhabova, 9 B Class

Continuing the conversation about the family, we decided to turn to our teachers, and find out what value the family has for them. After all, at first glance, it seems that they give professions all their time. It's no secret to anyone, what huge costs requires a school not only from students, but also from teachers. Here are what questions we asked our teachers:

What does family mean for you?

Tell us about your family hobbies and family traditions?

How will you celebrate the New Year?

What do you wish students and their families in the coming new year?

Vasyukovich Galina Nikolaevna

- Family for each person is warm and comfort, the hearth, where it is always light and good. Hobbies in my family - photo, caring for a fruit garden. We have a lot of apple trees in the garden, and in the fall we are collecting a crop. And my husband and I want to get a vintage of grapes, tasty, juicy. Traditions in my family - resting in the summer on vacation, go to nature, gain impressions, health. New Year by tradition I celebrated with the whole family at home when there is a son, daughter-in-law, grandson. I like to give gifts. I have already prepared gifts, souvenirs. All the families of my students wish health, good, well-being.

Gekkina Ekaterina Vladimirovna

FROM eye is the most valuable, most important thing in my life, no family has no life on Earth. The family must reign mutual understanding, support and love of you surrounding close people. We are always going together for a family table, no dinner, no dinner happens alone, just together. We often arrange trips to beautiful places, we love to spend time in nature. New year will be celebrated in a narrow family circle. Let's go on the central tree, we will run fireworks. In our yard, too, there is a big fir, which we dress every year. I would like to wish everyone to wish love, happiness, well-being, so that life is full of only good impressions, the same bright as New Year's fireworks.

Buzunova Maria Viktorovna

For me, the family is all the main, in the family we are born, growing, we live, this is the most important thing. With family, we celebrate all holidays, and the new year is going to meet the fun. All students want to wish success in studies, understanding of the family, and fun to play the New Year.

J. ihunov Antonina Ivanovna

Family is the most important. It is always in the first place, it is happiness in life, the continuation of the kind, children. Our family loves to cope the birthdays, because these days we are always going together. In winter, we ride skis with children, we love to go to the forest in the fall. New Year will be celebrated in the family circle. This is the greatest happiness when everyone is going together together. I want to wish students to finish a quarter with those estimates that everyone would like. All health, if there is health, then study will always be ahead, and learn will be easy. All families are good mood, family well-being and more money in the family, so that they can teach their children.

Stukalova Anna Vasilyevna

The family means a lot for me. I love my family very much and proud of it. Children, her husband is my happiness, my joy. In my family, I just can't impass. Together we celebrate national holidays, birthdays. Besides me, all family members are interested in sports and tourism. The new year is a family holiday, so we will celebrate his family. It will be very interesting, there will be contests, congratulations, games and dancing, so we have every year. I wish you all the best, let all cherished dreams come true in the new year. New Year is a fairy tale usually with a good end. I wish you health, success and excellent mood.

Bosch Anna Alexandrovna

M.
oya family is my support, my support is the meaning of my life. I have a young family, and so far there are still established traditions. Often we are going to all together - I, my husband and son, and look at the movies, then discuss them violently. New Year will celebrate in the family. I would like to wish everyone to wish health, patience and diligence, because any activity requires the application of some effort, I wish not to stop at what has been achieved, but to strive for the better that everything in the new year it happens.

Vaganova Natalia Aleksandrovna

The family is the most valuable in my life, I have in the first place. I love my family very much. My family consists of three people - me and my two sons, which I am very expensive. We are constantly going with relatives for holidays for the big table, discussing different events, remember something good. New Year I will also celebrate with my relatives. Prepare gifts, congratulations to all your loved ones. In the New Year there will be a lot of laughter, fun, happiness. Pupils I wish good ratings and knowledge, more good friends, and families - love, warmth, mutual understanding, all the best that the new year is better than the old one.

Broadnie Natalia Valerievna

FROM eMIA means a lot to me, because only in the family a person can feel absolutely protected, happy, calm. At this time, my son is my son for me, the only beloved son, which means everything for me. This is my life. In winter, we are walking in warm weather, in the summer we go to rest on the lake or in the roots of the stream, we ride in a hill in winter, like all the children. New Year will celebrate with his family, with mom, sister, with son, with nephews. The new year is such a holiday when the people who love you who are very expensive to you nearby. Pupils want to wish patience, respect for each other, understanding. It seems to me that these qualities are very lacking in our time. And I wish their families, love, happiness in the new year.

After an interview with teachers, we once again have been convinced that the family stands at many in the first place that this is the main life value, without which there seems to be no life.

AND lmasadova Gulnara, 9 B class

Podgornova Marina, 9 B class

Olga Pokhabova, 9 B Class

R azenko Daria, 9 B class

All happy families are similar to each other.

L.N. Tough

Family, home, relatives - these words for us have become synonymous. In these, it would seem, simple words are what is the most valuable in our lives. What is family? From the point of view of sociology, the family is one of the most important social institutions. For each person, the family is something else, something native and personal. Everyone has their own family, their understanding of the family, but everyone is equally dreaming of family happiness.

FROM emery Happiness is a house full of love, these are native people, this is a frankness and understanding, it is love and well-being. Family happiness consists in understanding each other, mutual respect and patience. Any happiness, including family, consists of a variety of pieces, each of which is certainly important. The family is especially important the ability to solve problems and complex family conflicts. Mark Levi said: "In family life, the sun shines not every day." He, of course, is right. Family life can not pass without conflict. It is important to be able to resolve disputes, coming to a common understanding. It is at such moments that we understand the full value of the family and our relatives to us. Family is something, without which a person cannot live in the modern world.

Family are the people with whom we live. Family is a house where you always want to return. The family is a place where you are always waiting for you, where you will be happy. My family is my castle.

Stolyarova Lyudmila 11Aclass

Simple family happiness. What is it lies?

Happiness is the main condition for the strength of the family and the unity of its members. What is family happiness?

First, the main component of family happiness is love in the family. Without love, the family's existence is impossible in principle, and even if it is possible - this does not bring well to all its members.

Secondly, for family happiness, an understanding is necessary. If all family members understand each other, they will be easier to overcome common problems and strengthen their family well-being.

Thirdly, the main condition of family happiness is respect for the elders. Our parents and parents of our parents are the main support of the family, and we must give them respect.

Thus, the main conditions of family happiness are love, understanding in the family and respect for the elders.

Shishov Oleg, 10 A class

Simple family happiness. What is it lies?

C. the fir of all family members is the creation of family happiness, and this goal is set throughout our life. If there is no peace and mutual understanding in the family, then no one can really be happy. If we are talking about a simple happiness, then this is when in the morning with joy you go to your favorite job, and in the evening you will be happy to come back home. And I remember, I told me one person: "If you want to be happy yourself, make a happy one who is next to you." And for the family, this is the main thing. What is needed for happiness in the family? First of all, in the family should reign mutual respect, it is mutual, and not one-sided. You need to be able to appreciate and respect the person as it is. And I want to finish with such words: the family is not a gift of fate, she cannot become a happy masturbation of the magic wand, it is a fruit of joint efforts and efforts. All families are born for happiness.

Ilyina Neli, 10 B class

Simple family happiness. What is it lies?

FROM part is when there are parents, brothers, sisters, those whom we love. I love my parents very much, I am ready to sit next to them all day, talk to various topics. In the evening, family dinner, to see people in their eyes. Parents raise me up, give me an education, I am the happiest child on earth. On vacation to go somewhere to relax with parents, to stay together. I do not know how for others, but for me, happiness is my parents. View with them in the evening the film is already happiness. Happiness is what I have them. Being near them, with their loved ones, in the circle of your family, close to me, this is already a simple family happiness.

Simple family happiness - in this and all the essence of my happiness is laid!

Yanyuk Maria, 10 B class

The main values \u200b\u200bof our life

A person has long been set a question about the essence of human life. Many philosophers and thinkers tried to answer what a person lives for what he comes to this world and why he dies. And before our days no one could give an unequivocal answer to these questions. Probably, the final answer is not, and therefore everyone should decide for himself, as for which he lives, so that "it was not so painfully hurt for the aimlessly lived years."

The main value of a person is life itself. Life ... the biggest miracle. You do not know what awaits you tomorrow, you do not know which turn will be in a second. You do not know what you see, looking back, on your life, in a moment or in a year. Today you see all your life as a solid holiday, and tomorrow she will seem gray and sad. The most mysterious miracle is your life. Because the wizard, who creates this miracle, is the magic - you.

N. e less important value of human life is the creation of a family. The most expensive thing that there is a person is his family, his relatives and relatives. Family is happiness. Healthy, strong, friendly family is primarily a deposit of success, success in everything: work, study. Only together walking in one leg, holding each other, sharing bitterness and joy with each other, the family can overcome all the difficulties, even the most insurmountable.

And finally, the third value of human life is children. Children are holy, children are joy and happiness, children are a continuation of the kind. After all, if everyone lives only in his pleasure, even if you have the benefit of others, without worrying about the offspring, then human genus will end. Therefore, everyone should take care of the continuation of a kind, then the whole human genus will not interrupt.

We must appreciate life because it is given to us over. Someone is given as a reward, someone in punishment, but we still have to appreciate it.

Lemka Natalia, 11 B class

The main family holiday - New Year!

AND mentally in New Year's holidays all families will gather together at the festive table. Music and ringing voices of children will sound in every home, with pleasure to disassemble gifts. Bright tinsel, pleasant spruce smell, fireworks, fun congratulations, gifts, tangerine mood - that's what is filled with this holiday in every home. Having gathered all together, we look at each other and understand: here it is - happiness, when near close people. This is the main value of our life. From here, all other values \u200b\u200bare born: good, mercy, tolerance, mutual understanding and mutual respect. Take care of the family!

All the best in the coming new year!

"School Life" - a magazine for schoolchildren and teachers, thematic edition, December, 2011.

Magazine recruited and Svönstan at school №1 P.G.T. Big Murt computer way.

The "Legislation in the field of motherhood and childhood" contains three main subsections:

Social legislation

Federal Law of December 28, 2017 N 418-FZ "On Monthly Payments to families with children"
Federal Law of December 29, 2015 N 388-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in terms of accounting and improving the provision of social support measures based on the obligation to comply with the principle of targeted and applying the claim criteria"
Decree of the President of the Russian Federation of May 7, 2012 N 606 "On measures to implement the demographic policy of the Russian Federation"
Federal Law of April 24, 2008 N 48-FZ "On Covenant and Trusteeship"
Decree of the President of the Russian Federation of October 9, 2007 N 1351 "On approval of the concept of demographic policy of the Russian Federation for the period up to 2025"
Federal Law of April 5, 2003 N 44-FZ "On the procedure for accounting for income and calculation of the average family and income of a lonely resident citizen to recognize their poor and providing them with state social assistance"
Federal Law of August 7, 2000 N 122-FZ "On the procedure for establishing scholarships and social benefits in the Russian Federation"
Federal Law of June 19, 2000 N 82-FZ "On the minimum wage"
Federal Law of July 17, 1999 N 178-FZ "On State Social Assistance"
Federal Law of December 21, 1996 N 159-FZ "On additional guarantees on social support for orphans and children left without parental care"
Federal Law of May 19, 1995 N 81-FZ "On State Guidelines for Citizens Having Children"
Decree of the President of the Russian Federation of May 30, 1994 N 1110 "On the amount of compensatory payments to certain categories of citizens"
Decree of the President of the Russian Federation of May 5, 1992 N 431 "On measures for social support for large families"

Insurance legislation

Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and due to motherhood"

Cheap legislation

Labor Code of the Russian Federation. Chapter 41. Features of labor regulation of women, individuals with family responsibilities

Subsection "Social legislation" contains federal laws for child benefits, social benefits and social support for childhood and motherhood, as well as decrees of the President of the Russian Federation in demographic policy.

In the subsection "Insurance legislation" you can find federal laws in the field of compulsory pension, medical and social insurance and is interesting to insurers in obtaining insurance payments for insurance cases, which, in particular, are maternity leave and childcare leave before reaching age and a half years.

In the subsection "Labor legislation", you can contact the Labor Code of the Russian Federation to clarify the deadlines and duration of maternity leave for working women, the features of maternity leave up to 1.5 years, other issues for workers who have children.

Comment to Art. 38 krch

1. The protection of maternity is one of the priority tasks of our state, especially in recent years, since the transition to a market economy and their social and economic problems caused a negative impact on the formation and development of the family - the main cell of society.

May 10, 2006 President in his Annual Message Federal Assembly The Russian Federation is the most acute problem modern Russia called the problem of demographics. It was noted that annually the population of the Russian Federation decreases by 700 thousand people. One of the directions of solving this problem, the head of state called an increase in fertility (WG 2006. May 11). The main task is to create appropriate conditions and incentives for growth in fertility, in making effective support programs for motherhood, childhood, family.

The message proposed concrete measures to support motherhood and childhood, families raising minor children. In particular, an increase in the value of generic certificates is scheduled; an increase in the size of child care benefits up to 1.5 years both for working and not worked before the child's child; introduction of compensation for parents' costs for pre-school education; an increase in payments for the maintenance of the child in the family of a guardian and a reception family, as well as wages to the receiving parent; Development of a program for creating a network of modern perinatal centers and making maternity hospitals with necessary equipment, special transport and other techniques.

Additional social support measures, according to the president, must be provided to a woman who gave birth to a second child.

In fulfillment of the planned tasks, the Federal Law of December 29, 2006 was adopted "On additional measures of state support for families with children" (WG 2006. December 31), which determines the procedure for the provision and use of maternal (family) capital.

The right to additional measures of state support (family capital) are acquired by women who born (adopted) second, third child or subsequent children since January 1, 2007, as well as men who are the only adoptive of the second, third child or subsequent children, if the court decision The adoption entered into legal force since January 1, 2007

Maternal (family) capital can be used for:

Improvements in housing conditions;

Obtaining education by a child (children);

Formation of the accumulative part of the labor pension for a woman.

In maternity protection, an important role belongs to labor legislation and legislation on the social protection of the population. Thus, the Labor Code contains Chapter 41, devoted to the regulation of women's labor. Among the norms of this chapter should be especially allocated by Art. 253, limiting the use of labor of women in difficult work and work with harmful and (or) hazardous working conditions, as well as underground work (except non-physical work or sanitary and domestic services). The list of such works is approved by the Decree of the Government of the Russian Federation of February 25, 2000 N 162 (SZ of the Russian Federation. 2000. N 10. Art. 1130).

In the same article, it is forbidden to use women's work on work related to the rise and movement of manually gravity, exceeding the maximum standards for them, approved by the decision of the Council of Ministers - the Government of the Russian Federation of February 6, 1993 N 105 (SAPP of the Russian Federation. 1993. N 7. Art. 566).

Increased guarantees are provided by pregnant women. They acquire the right to transfer to another (easier) work, to reduce production standards (Art. 254 TC), they are given pregnancy and childbirth (Art. 255 of the Labor Code of the Russian Federation). At the request of a woman before maternity leave or immediately after him, an annual paid vacation is provided for the childcare leave, regardless of the work experience of this employer ().

Within the system of social protection of pregnant women and women with young children, they are provided: maternity benefits; One-time allowance for women in medical institutions in early gestation periods; one-time allowance at the birth of a child; Monthly child care allowance until the age of one and a half years. Conditions, the procedure for the appointment and payment of the listed benefits established in the Federal Law of May 19, 1995 "On State Guidelines for Citizens, Having Children" and in the Regulations on the procedure for the appointment and payment of state benefits to citizens who have children approved by the Decree of the Government of the Russian Federation of September 4, 1995 . N 883, with the last change and add. (SZ RF. 1995. N 21. Art. 1929; N 35. Art. 3628).

The priority of the interests and welfare of children in all spheres of the state of the state was enshrined in the Convention on the Rights of the Child, adopted by the UN General Assembly on November 20, 1989, the obligations to fulfill the Russian Federation (see International Cooperation in the Field of Human Rights. Documents and materials , M., 1993, Issue. Second. P. 274). Child, according to Art. The 1 Convention is a person who has not reached the 19th age, if it does not reach majority on national legislation earlier. Special protection and care, including legal protection provided by the state and parents (by persons replace them), are due to the fact that the child is in a state of physical and mental immaturity. In art. 27 of this convention enshrined the right of every child to the standard of living necessary for the physical, mental, spiritual, moral and social development of the child. The state should also be ensured to the highest possible degree of survival and healthy development of the child (Article 6).

Given the global importance for humanity, the problem of creating conditions for the normal development and life of children, on September 30, 1990 at the 45th session of the UN General Assembly, the World Declaration on ensuring the survival, protection and development of children was adopted (diplomatic messenger. 1992. N 6. With . 10-13). Russia signed the specified Declaration on January 31, 1992. And thus assumed the obligations to improve the health and nutrition of children, to support children with disabilities, as well as children in extremely difficult conditions; to ensure an equal attitude towards girls and boys, creating girls equal opportunities in obtaining basic education, etc.

In accordance with the Declaration, all children should be provided with the opportunity to determine ourselves as a personality and realize their capabilities in safe and favorable conditions, in a family environment or trustees that ensure their well-being. They should be prepared for natural life in free society.

In the period of the formation of civil society, along with solving political and economic tasks, cardinal changes in the position of the person in the system of social and moral relations are required. First of all, it concerns the family as a natural sphere of human life. In Russia, according to official statistics, 90 percent of citizens live as part of the family. In art. 10 of the International Covenant on Economic, Social and Cultural Rights It is said that "the family, which is the natural and main cell of society, should be provided in the possibility of the greatest protection and assistance, especially in its education and while its responsibility is a concern for non-consistent children and their Education. Marriage must be on the free consent of the marriage. " In art. 23 of the International Covenant on Civil and Political Rights contains provisions that for men and women who have reached marriage, recognize the right to marriage and the right to base the family; No marriage can be concluded without the free and complete consent of the entering into it; The state should be taken appropriate measures to ensure equality of the rights and obligations of spouses regarding marriage, during the state in marriage and during its termination, including the necessary protection of children.

These international legal norms are essentially reproduced and developed in the Family Code. So, Article 1 of this Code proclaims that: family, motherhood, paternity and childhood in the Russian Federation are under the protection of the state; Only marriage is recognized as a civil status record authorities; Any forms of limiting the rights of citizens are prohibited when marriage and family relations on the signs of social, racial, national, linguistic or religious affiliation are prohibited. It emphasizes that the regulation of family relations is carried out in accordance with the principles of the voluntariness of the marriage union of men and women, equality of the rights of spouses in the family, permits of intra-family issues by mutual agreement, the priority of family education, care for their welfare and development, ensuring priority protection rights and the interests of minor and disabled family members.

The SK traced a distinct desire of the legislator to hold such legal regulation of family relations, which would reduce the state intervention in this deeply personal sphere to a reasonable minimum. The main focus is made on the proper security and protection of the rights and interests of the family, primarily children; expanding the scope of contractual regulation; applying the norms of civil legislation to property and personal non-property relations between family members, not settlement by family legislation, if this does not contradict the being of family relations; Admissibility in appropriate use of the analogy of the law and the analogy of law.

2. One of the main destinations of the family is to create conditions for normal development and proper education of children. As indicated in paragraph 1 of Art. 18 of the UN Convention on the Rights of the Child 1989, the interests of the child are the subject of concern primarily his parents. In art. 54 SK found that each child has the right to live and brought up in a family, as far as possible, the right to know its parents, the right to their care, the right to jointly with them, except for cases when it contradicts his interests. In the same article, it is directly indicated that the child has the right to raise his parents, ensuring his interests, comprehensive development, respect for His human dignity. With the loss of parental care for various reasons, the education of the child and the concern for it is carried out by guardianship and guardianship authorities.

The awareness of the Russian legislator to upbringing a child in the family as an incredit universal value led to the need to solve this issue for those children who have a genuine family. RF CC contains ch. 21, determining the legal status of the adopted family, receptional parents and the rules for the content of the child in such a family.

SC proceeds from the equality of the rights and obligations of parents. The implementation of parental rights, as a rule, ceases to achieve the age of 18 years (majority), as well as when joining minor children to marriage. It should be emphasized that the code for the first time consolidated the rights of minor parents, the number of which has increased significantly in recent years. It is quite detailed by the rights and obligations of parents for the education and education of children and to protect the rights and interests of children. Education of children is at the same time the right and obligation of parents. Parents have a predominant right to raise their children to all other persons. At the same time, they are obliged to take care of the health, physical, mental, spiritual and moral development of their children and ensure the acquisition of the main general education.

Parents, as a general rule, are legal representatives His children and advocate their rights and interests in relations with any legal entities and individuals, including in courts, without special powers.

The conceptual situation of the SK on the inegenial relationship between the rights and obligations of parents with the rights of minor children is important, which for the first time in our country are stated so deployed. It is no coincidence that therefore in Art. 65 The principle is enshrined according to which parental rights cannot be carried out in contradiction with the interests of children, since ensuring the interests of children is the subject of the main care of their parents. In the same article, the principle is proclaimed, according to which the methods of education of children should exclude disseminatory, cruel, coarse, degrading human dignity, insult or exploiting children. If the facts of such education take place, this is one of the legal grounds for the deprivation of parental parents.

Another personal importance in practice, however, which is of fundamental importance in the formation of a person of the future, the norm of this article establishes the decision of the parents of all issues relating to the upbringing and education of children, according to their mutual agreement, based on the interests of children and, taking into account the opinions of children. The guarantee of normal education of the child is the provisions of Art. 66 and 67 SC, which secured the implementation of parental rights by the parent residing separately from the child, and the right to communicate with the child grandfather, grandmothers, brothers, sisters and other relatives. The interests of the child and the protection of parental rights are also the norm of Art. 68 that parents are entitled to demand the return of a child from any person holding it at all on the basis of the law or judicial decision. In the event of a dispute, parents for the protection of their rights may apply to the court, which is entitled, taking into account the opinion of the child to refuse to satisfy the claim of parents, if it comes to the conclusion that the child's transfer to parents does not meet the interests of the child.

An important form of manifestation of parental care is their responsibility for the maintenance of minor children. At the same time, the order and form of providing the content of juvenile children are determined by their parents on their own.

3. The position of Part 3 of the commented article affects primarily the moral and ethical foundations of society. On the spiritual state of society and the perception of his members of the ideas of humanism and justice, it can be judged by its attitude towards the needs of people of old age and disabled people. The concern of adults-bodied children about their parents is one of the edges of the absorption of these universal values \u200b\u200band the manifestation of the continuity of generations. A normally functioning society is a society in which the organic change of parental care about children to care adult children about their parents. It is natural that the care of adult children about parents cannot be reduced only to providing material support. Often, a kind, spinning attitude of children to their parents, moral support for them in difficult life situations, in case of illness, when retirement, they mean more than material assistance.

Naturally, the area of \u200b\u200bthese relations relates to a deep personality relationship and depends on the sense of debt of crowded children, their human qualities, upbringing and other moral attitudes perceived by them since childhood. Reality, however, is such that the rules of morality, which are mainly regulated by the relationship between parents and adult children, in many cases the latter are ignored. Therefore, the state not only establishes constitutional duty Adult able-bodied children take care of disabled parents, but also specifies it in the SC. In particular, if such children do not provide parents to material assistance due to their sown or child debt or children and parents did not reach an agreement on the payment of alimony on the maintenance of disabled parents, they accumulate with adult children in judicial order. At the same time, the size of the alimony, defended from each of the children, is determined by the court on the basis of the material and marital status of parents and children and other deserving interests of the parties in a solid monetary amount payable monthly.

Wheel-bodied adult children can be exempted from the obligation to keep their disabled parents in need if the court will be found that parents shied away from parental duties, including parental rights (art. 87).

Also on the topic

Rules for safe storage of chemical reagents

On the organization of the sale of those in state or municipal self-government

Federal Law on Budgetary Institutions

Legislative base of the Russian Federation Order of the Ministry of Transport 196 from 10

"I'll go to the victorious": why the provision of the Federal Law on Mandatory Payment of Compensation to Entor Entor "not necessarily" in the regions of the Russian Federation Transfer and storage of video recording

Explore Article 38 of the Constitution of the Russian Federation. In our country, family, motherhood, childhood is under the protection of the state

Constitution of the Russian Federation and family law

Family Code of the Russian Federation and family law

Civil Code of the Russian Federation and family law

The laws of the constituent entities of the Russian Federation, who regulate family relations on issues directly related to the Family Code of the Russian Federation to conduct subjects of the Russian Federation.

Decrees of the President of the Russian Federation on the regulation of family relations, which are mainly approved by the activities of the national level having a comprehensive nature.

Decisions of the Government of the Russian Federation, which are accepted on the basis of and in pursuance of the Family Code of the Russian Federation, other federal laws and decrees of the President of the Russian Federation and are organizational and administrative or financial character.

Norms of International Family Law

Basic principles of family law in the Russian Federation

History of the development of family legislation in Russia

Social legislation

Insurance legislation

Cheap legislation

Popular answers to questions about children's benefits

Comment to Art. 38 krch