The RSFSR Code on Marriage and Family of 1969: The Code Development and Application Practice

The paper analyzes measures aimed at supporting and strengthening the family discussed in the process of developing the RSFSR Code on Marriage and the Family of 1969, as well as the specifics of their further implementation in practice. It is noted that serious changes in the socio-economic and political development of the country, caused by post-war changes in the usual way of life, predetermined the need for a consistent and flexible policy on the part of the state in relation to family well-being. Over the period from the 1940s to the 1960s lasted the period of development of a new marriage and family code. During this time, various government commissions and working groups were formed, several versions of the draft law were considered. The materials of the discussion of the drafts show that the legislators were guided primarily by the idea of involving fathers in families, as well as ensuring the interests of children and families. Thus, from now on, early marriages were allowed, the possibilities of establishing paternity in court and voluntarily expanded significantly. The unpopularity of implementation of those measures in practice was explained by the lack of awareness of the population. To eliminate this problem, significant work was done to study the new legislation, explain it to the population and implement it. However, in the future, there was still an increase in the number of divorces, an increase in malicious failures to pay child support and alimony. The author analyzes the practice of applying innovations and elucidates other problems in the implementation of these provisions. The root cause of the «blockage» of cases for the recovery of alimony and the increase in the number of malicious defaulters was that for a long period of time there was no social concept of paternity. The experience of building a relationship with the father was not formed, not as a «holder,» but as a parent whose relationship is valuable regardless of marriage registration and material support.

1. Bogdanova TV. Historical aspect of the formation and development of legislation regulating the procedure for collecting alimony. Zakonnost i pravoporyadok v sovremennom obshchestve. 2010;1:44-50. (In Russ.).

2. Burdanova NA. Legal regulation of relations arising between parents and children during separation of parents: historical and legal aspect. Society. Environment. Development. (Terra Humana). 2010;3:102-105. (In Russ.).

3. Denisova LN. The fate of the Russian peasant woman in the 20th century: marriage, family, everyday life. Moscow: Monuments of historical thought: ROSSPEN Publ.; 2007. (In Russ.).

4. Ivanov AA, Lekanova EE. Codification of Russian family law and the presumption of paternity: history and modernity. Istoriko-pravovye problemy: novyy rakurs. 2022;2:79-90. (In Russ.).

5. Inyukina SA. On the issue of termination and dissolution of marriage in the RSFSR Code on Marriage and Family of 1969. Obshchestvo i pravo. 2009;2(24):23-25. (In Russ.).

6. Petrove ND. History of maintenance obligations in the soviet period: comparison with the norms of modern legislation. Education and Law. 2020;3:370-375. (In Russ.).