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

Abstract

Analyzing the current state of the doctrinal problem and considering actual upbringing of a child as a type of family upbringing, the author asks what requirements a relatively complete theoretical concept of the actual upbringing of a child should meet in order to recognize the problem if not solved, then at least bring research novelty to it. Its current state is seen as critical from the point of view of a set of theoretical tools, in the structure of which analysis prevails over synthesis and there is a constant immersion in reality with the issuance of recommendations to the legislator in the language of social service specialists. While the question of what is due to the current position of the legislator, who has renounced the positive status regulation of relations on the actual upbringing of the child and left them in the category of direct, science does not ask. The doctrinal attitude to such a position is usually exhausted by disagreement. Such views not only do not reflect the current social mood of state policy in matters of family and child-saving, but also inform the problem of the quality of cultural limitations, the consequence of which is the underestimation of relations on actual education as a significant intra-family educational resource. Answering the theoretical question, the author offers a more spacious view of the problem, which allows us to give it the necessary dynamics, competition of concepts, methods and methods of description. Comparing the problem under study with achievements of socio-humanitarian research surrounding it, the author finds no grounds to support the widespread scientific views that actual upbringing is a weakened and unprotected phenomenon from the point of view of the child's interests. Discussing the ways of possible legislative participation in this type of social relations, the author argues 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 from relations for the family upbringing of a child.