The Family in Public Policy Focus and Its Impact on the Method of Family Law Regulation

The constitutional principle of support for and protection of the family, together with the constitutional amendments of 2020 and the adoption of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values, have established a fundamentally new political and legal vector for family law regulation. The natural connection between the state, society and the family is affirmed, which permits positioning the family as an object of family state policy of the Russian Federation. At the same time, a clear distinction is drawn between the family as an object of family state policy and the family as an object of family legal influence. The paper advances arguments concerning the specific method of family law influence. It discusses the balance between imperative and dispositive principles in family legal regulation, notes the impact of private interests on the content of the regulatory method, and emphasizes the significance of the principle prohibiting arbitrary interference in family affairs as a defining marker of that method. It is demonstrated that the distinctiveness of family law lies in its normative function to protect the interests of participants in family legal relations and to fix the legal status of family members. The study concludes that, in analyzing the specifics of the method of family law regulation, one must proceed from the premise that family relations are the true object of family law influence.

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