E.G. Komissarova

Relations On Actual Upbringing of a Child: Family and Legal Institutionalization

2021. No. 1. P. 130–153 [issue contents]
Analyzing the current state of the doctrinal problem and considering actual upbringingof a child as a type of family upbringing, the author asks what requirements a relativelycomplete theoretical concept of the actual upbringing of a child should meet in order torecognize the problem if not solved, then at least bring research novelty to it. Its currentstate is seen as critical from the point of view of a set of theoretical tools, in the structureof which analysis prevails over synthesis and there is a constant immersion in realitywith the issuance of recommendations to the legislator in the language of social servicespecialists. While the question of what is due to the current position of the legislator, whohas renounced the positive status regulation of relations on the actual upbringing of thechild and left them in the category of direct, science does not ask. The doctrinal attitude tosuch a position is usually exhausted by disagreement. Such views not only do not reflectthe current social mood of state policy in matters of family and child-saving, but alsoinform the problem of the quality of cultural limitations, the consequence of which is theunderestimation of relations on actual education as a significant intra-family educationalresource. Answering the theoretical question, the author offers a more spacious viewof the problem, which allows us to give it the necessary dynamics, competition ofconcepts, methods and methods of description. Comparing the problem under studywith achievements of socio-humanitarian research surrounding it, the author finds nogrounds to support the widespread scientific views that actual upbringing is a weakenedand unprotected phenomenon from the point of view of the child’s interests. Discussingthe ways of possible legislative participation in this type of social relations, the authorargues that modern legislative attempts to interfere in these relations are possible only in one direction, by giving them qualities that indicate the derivation of these relations fromrelations for the family upbringing of a child.
For citation: Кomissarova Е. G. (2021) Relations on Actual Upbringing of a Child: Family and Legal Institutionalization. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 130– 153 (in Russian) DOI: 10.17323/2072-8166.2021.1.130.153
Citation: Komissarova E. (2021) Otnosheniya po fakticheskomu vospitaniyu rebenka: problemy semeyno-pravovoy institutsionalizatsii [Relations On Actual Upbringing of a Child: Family and Legal Institutionalization]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 130-153 (in Russian)
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