Civil marriage in Russia
De facto marriage
Degree of a readiness of a problem
Methods of measurement of family and
extra family valuable orientations
Sociological methods as the tool of
research of a phenomenon of a civil marriage in the Russian society
Marriage - it
is legally of the free and voluntary union of men and women, aimed at creating
a family and the generates reciprocal rights and duties. It is based on the
feeling of love, true friendship and respect for the moral principles of
construction of the family.
framework of marriage is in its registration. In accordance with the law, only
marriages registered in the prescribed manner, gives rise to rights and
responsibilities of spouses. Marriage is a civil registry states, local
governments (in rural areas).
not be registered by any other authority. In this case it does not create
rights and obligations linked with the emergence of the law of marriage.
Believers consider it necessary to perform a religious rite of marriage. But
this rite has no legal significance.
The wedding in
the church can not replace the registration of marriage. In the interest of
registration of marriage as a state and society, and citizens. Marriage
provides a necessary compliance with the conditions of his detention, is also
in order to protect personal and property rights and interests of spouses and
children of the marriage.
"marriage" confirms the registration of marriage. Marriage is at the
end of one month after the filing by persons wishing to marry a statement to
the authority of registrar.
But it should
be noted that the law set conditions for marriage and the obstacles to its
conclusion. Compliance with the conditions of marriage is necessary for a
marriage to become legal force. Condition of registration of marriage is the
mutual consent of the parties entering into marriage, and they reach
marriageable age. Mutual consent of the parties entering into a marriage
destined to the very essence of marriage is voluntary and free union of a man
and a woman.
As you known,
since 1996 in our country the new Family code operates. And practically right
after its acceptances a number of the works analyzing its basic norms,
including concerning conditions and a marriage order has been published. It is
necessary to carry to such works, first, works of theoretical character:
M.V.Antokolskaja, A.M. Nechaeva, L.M.Pchelintseva. All of them are devoted a
modern Russian family law and were that theoretical base on which research of
conditions and a marriage order has been constructed. Feature of some these
works is also that in them is available: a material and the historic-legal
character, considering evolution of a domestic family law. Especially successfully,
in our opinion, it has been made A.M. Nechaeva which has devoted the whole
chapter of the research to consideration of evolution of the domestic family
legislation. Secondly, a number of Comments of the new Russian family
legislation, different the good; The scientific approach. Thirdly, researches:
the family legislation in which are considered a number of problem questions.
It is necessary to carry T.V.Kashanina's works to them and A.V. Kashanin,
O.J.Kosovaja, E.A.Katkova, G.J.Fedoseyev, O.V.Hyshiktuev. It is necessary to
carry N.A.Semiderkin's who was engaged researches to works of applied
character, basically, consideration of evolution of a domestic family law. In
problems of transformation of a family law are engaged А.Ю. Konkov,
relations as one of the most significant spheres of functioning of a society
were studied by many researchers, being object of steadfast attention of
experts of some sciences as in our country, and abroad. Researches of a family,
marriage, and birth rate are conducted in sociology, psychology, demography,
ethnography and other social studies. Many of classics of sociology considered
a family as a part of social structure, considering it as the factor of
processes studied by them, but did not investigate marriage and family
institutes purposefully. Proceedings of founders of the sociological theory
O.Kont, G.Spenser, E.Djurkgejm, M.Veber, K.Marx, anyhow describing and
explaining forms of a public life, should fix not passing value of the
family-household organisation of life. From the middle of XIX century
theoretical problems of a family are in sight of anthropologists and
ethnographers. During the same time of L. Morgan, observing a social system of
the American Indians, their family life, has created new branch of sociology –
a science about a family. It by right consider as the founder of this science.
For the analysis of family-marriage relations in works of M.Kovalevsky, F.Le
Ple, F.Engelsa have great value.
Now the family
sociology concerns the category of special sociological theories. Its
allocation in independent branch of sociological knowledge has occurred in
60-80th of XX century To second half XX century the considerable empirical
material on the family problematic, demanding theoretical judgment and
generalisation has been saved up. Works of foreign authors E.Giddens, U.Gud,
D.Popenoe are of interest, etc. Abroad from the middle of 70th serious attempts
to creation of the special sociological theory of a family are undertaken.
researchers of a family up to 1960th the family theory dominated functions. For
the first time family functions were divided by P.Sorokin, it is the
outstanding representative of a functionalism, analyzing a family from the
point of view of its functions or social requirements to which it serves. It
studies not only family evolution, but also its statistics, functions,
typology, external and internal communications. By scientists of the twentieth
century family transformations have started to be investigated. Two
theoretic-methodological approaches to family studying were at the moment
generated. The family current state is considered by one researchers from a
position of crisis of a monogamous family (A.I.Antonov, V.M.Medkov, And. V.Artjuhov, etc.), others – from a position of transformation of family structures (S.I.Golod, T.A.Gurko, And. R.Mikheyev, etc.). Formation of sociology of a family in our country is
connected with a name of A. G.Harchev. Its concept of a family formulated
within the limits of a structurally functional paradigm, dominated prior to the
beginning of 90th of XX century Change of a political situation in Russia promoted revision of the basic paradigms within the limits of sociology.
research the works considering various aspects of "de facto marriage"
as the form of family-marriage relations, first of all, are important. For
domestic sociology the certain blank in studying of not registered
communications between men and women as during the Soviet period they were
considered as time, alien to the Soviet society to the phenomenon, remained
from the past is characteristic. However now attempts of researches of the
problematic connected with distribution of illegitimate relations are already
made. Here it is possible to note T.A.Bogdanova and A.S.Schukin, S.I.Golod,
T.A.Dolbik-Vorobej's works. Among the researchers directly studying not
registered relations, it is necessary to note V.Kartsev, S.Chujkina, E.Vovk, A.B.Sinelnikov,
M.Bosanats, O.J.Kosovaja, A.A.Kletsin And. R.Mikheyev in which works problems
of not registered unions and illegitimate birth rate in Russia are most full
consecrated. Also among works of researchers of family-marriage relations first
of all it is necessary to note researches of group of the Khabarovsk
sociologists led by the professor N. M.Baykov. The analysis of the scientific
literature testifies that the social institute of a family is deeply enough
studied from the various parties. "De facto marriage" phenomenon in
our society extends more and more, however completely is not studied yet and
reserves weight of questions, demanding definition of its place in modern
family system. Behind a side of accurate understanding there is a question,
what value "civil marriage" has for the most social institute of a
values and valuable orientations, including family and extrafamily, methods of
their measurement, the factors influencing their formation, possible
consequences of prevalence in a society of those or other values and valuable
orientations concerns a number of the major directions of sociology, social
psychology and philosophy.
In 1970th the
American sociologist M.Rokich has developed a technique of measurement of the
valuable orientations, subsequently received wide application in researches of
foreign and domestic sociologists. In our country a number of sociological
researches of valuable orientations with use of the modified classification of
values of M.Rokicha has been spent V.A.Jadov.
last decades in many countries of the world, and, in particular, from the end
of 1960th in Russia, problems of formation of family and extra family valuable
orientations were actively investigated. In the early seventies scientists of
the Moscow state university of M.V.Lomonosov under the direction of A.I.Antonov
have started development of methods of definition of a parity of orientations
to a family and extra family activity in selective field sociological
in a context of the concept of crisis of birth rate, a family and family values
the first works A.I.Antonov and V.A.Borisov' are devoted a problem of social
measurement of values of a family, 25-year-old experience of such researches
has been generalised in work "family Microsociology (methodology of
research of structures and processes)" where features of application of
methods of interrogation, supervision and the konteit-analysis to family
studying, various methods of research of life cycle of a family, methods of
sociological research of family behaviour have been in detail considered. The
analysis of merits and demerits of the sociological methods used in sociology
of a family presented by the author, allows to define among them those which
application for the purpose of revealing of degree of prevalence of family and
extra family valuable orientations raises probability of finding-out of true
valuable preferences of respondents.
L. У and M.L.Goffman, use of those sociological methods which mean application
of verbal ways of revealing of valuable orientations, promote reception of
stereotypic answers that leads to decrease in reliability of the necessary
information. In this connection the given scientists suggest to use more
actively nonverbal methods (for example, drawings and photos), and also to
develop special tests on revealing of family and extra family valuable
attempt of the deep scientific analysis of a problem of a parity of two types
of valuable orientations (family and extra family), detection of the reasons of
domination in system of valuable orientations of the modern person of
orientations to self-realisation in professional sphere, on achievement of the
high social status has undertaken Н. G.Markovskaja - the representative of a
school of thought of crisis of values of a life ".
allocation of groups of the respondents who focused and have been not focused
on a family, and also the factors influencing formation of family and
extrafamily valuable orientations, have been considered in works
V.N.Arhangelsky, V.B.Olshansky, Ю. P.Siks, etc.
Among works of
the American scientists it is necessary to note researches of 1990th A.
R.Hohshild revealing of the reasons of prevalence of extra family valuable
orientations in structure of the person of Americans was which purpose. Thus
the author actively used methods of the simple and included supervision, the
analysis of documents and the deep interview which combination has allowed to
raise reliability of the received results.
value of family results in more and more wide circulation among the population
of extra family valuable orientations, ways of self-realisation in all spheres
of ability to live, excepting the family. It is expressed also that now the
growing number of people feels requirement for values replacing family value
and objects. The reasons of occurrence of the given requirement and ways of its
satisfaction were considered in the works by A.A.Popov, V.I.Maksimenkov,
L.Hozjainova, and also E.Bek, M.Bouen's foreign researchers, X. Бриджер.,
E.Kejn, E.Ketcher, L.Okonevski, L.Sajmon, spouses Salmon, S.Smith, B.Fogl and
Thus, works of
many scientists are devoted the analysis of family and extra family valuable
orientations. Nevertheless, the methodology of research of a parity of family
and extra family valuable orientations, in our opinion, has not received
sufficient illumination neither in domestic, nor in the foreign sociological
literature. Works in which attempt of studying of a parity of family and extra
family valuable orientations in structure of the person of individuals becomes,
and also the all-round analysis of the sociological methods which application
should ensure a solid data is carried out, are still enough rare.
Use of a
method of the analysis of documents at studying of family and extra family
valuable orientations allows to avoid almost completely negative influence of
protective motives on interpretation of the received data. Applying a konteet-analysis
method, the sociologist works with already "ready" documents (photos,
pictures, letters, autobiographies) which have been created without
participation of the scientist. Influence of the researcher using a method of
the content-analysis, on character of the received information is shown only at
a choice of this or that way of selection of documents and interpretation of
supervision method also opens the big possibilities for studying of features of
mutual relations of members of the family, those valuable orientations which
define the basic directions of their activity. At simple (disconnect)
supervision influence of the sociologist on behaviour of members of a family
minimum. In this sense the given kind of supervision can be compared to a
method of the analysis of documents: in either case the scientist does not
accept almost any participation in creation of a subject of interpretation of a
supervision allows the scientist to plunge into house atmosphere, unique for
each concrete family. The researcher has possibility to be present at all more
or less important events of home life to fix features of mutual relations of
members of a family, to observe of a daily routine of parents and children. A lack
of the given kind of supervision is certain influence, rendered by its presence
on character of family interactions.
Advantage of a
method of interrogation as one of the sociological methods, allowing to
estimate degree of prevalence of family and extra family valuable orientations,
consists that it is less labour-consuming in comparison with methods of the
analysis of documents and supervision, and also that it is convenient for using
in mass sociological researches on enough big samples. Application of a method
of interrogation appears the most effective in a combination to such methods,
as deep interview, supervision, the analysis of documents, various projective
technicians: it allows modifying the received answers to questionnaire
questions, having studied the information received in the various ways.
Use of a
method of stories of the life, being one of versions of a method of
interrogation, allows the scientist to reveal the factors which have influenced
formation of those or other valuable orientations of the individual, to learn
about those "significant others" which have played the important role
The method of
"semantic differential", C.Osgud created in 1952, long enough time is
applied to measurement of valuable orientations, including family and extra
family. Techniques SD directed on finding-out of degree of distinction in an
estimation defined understood, of objects by one person or a group of persons,
according to A.I.Antonova, involves "... The ability to remove
self-checking I to neutralise activization of protective motivation of the
person, arising at any interrogation".
raises efficiency of use of method SD at studying of the relation of
respondents to family and extra family values comparison of offered values with
each other with application of a considerable quantity of scales, and also
estimation on the same scales ' "distracting" concepts and objects.
To define, what of vital values are preferred by examinees, with such concepts,
as "business of all my life", "the most important comparison of
considered values helps with my life", "sense of my life",
"the most insignificant (insignificant) in my life". Application of
similar procedure will help to find out, what values are the most significant
The method of
designing of images which has applied Н, G.Markovskaja, opens new possibilities
of studying of family and extra family valuable orientations. The associative
perception and expression interrogated various aspects of home life,
professional and any other activity helps the researcher to receive the bright,
sated images of the given phenomena, precisely to define, how, negatively or
positively, they influence the concrete person. A lack of a method of designing
of images is the certain probability of inclusion in consciousness of
respondents of protective mechanisms and attempts to be limited to the
statement of socially approved opinions about the interesting sociologist
objects. Also use of the given method assumes presence at interrogated well developed
associative thinking which potential respondents possess not all.
analysis of the basic sociological methods of measurement of family and extra
family valuable orientations has shown that at research carrying out on the
given subjects it is necessary to combine some various methods as it
considerably will raise probability of neutralisation of action various
mechanisms and, hence, will give possibility to scientists to consider all
aspects of valuable orientations of the respondent, to reveal an orientation of
the person, to find out factors under which influence its system of values is
formed, and also to receive the fullest, exact information on preference the
individual of family or extra family valuable orientations.
Marriage as a
family basis underwent various changes, developing together with a society in
legal, moral and social aspects. Today the marriage institute - set social
(legal, cultural) norms, duties and the rights regulating the relations of
spouses - in system of modern social institutes faces realities of new time and
is characterised by new tendencies, thereby involving the increasing interest
of researchers of sociologists. The complex of theoretic-methodological
approaches and sociological methods allows to come nearer to intrinsic
understanding of the arisen problem which is shown both on individual levels of
One of the
basic tendencies characterising the majority of the countries of the world
including to Russia, level decrease family which is in many respects caused by
following social facts is: mass unemployment, and as consequence, - mixture of
traditional cast; development of market relations, rationalisation of all
spheres of a society, and as consequence, - increase in a role of money in a
society; exit of the woman from a family on a labour market, easing of economic
dependence on men, growth of claims to the future spouse, so, complication of
search of the partner; change of the relation to professional employment of
women, etc. Such social preconditions which have objectively arisen at the
given stage of development of a society, allow to ascertain that it is much
easier to modern person to live in a modern industrial society of the western
type without a family. In such conditions the probability of distribution of
different forms of co-habitation, including civil increases, i.e. Not
existing tendencies, it is possible to ascertain that the civil marriage
becomes a social phenomenon, probably, for the present not on the scale of all Russia. In the Russian Federation among women the most intensively not registered marriage
unions are formed at the youngest age: 16-20 years. By 26 years the indicator
essentially decreases also the least value has in an interval between 30-33
years. The basic carrier of a phenomenon of a civil marriage is the youth,
of researchers notice that change in sphere of brachno-family relations is
traced not only on instrument level, but also at level of transformation of
system of values. A direction of this transformation - from patriarchal
(traditional) model of a family to a variety of family forms, from domination
of the external social control - to mainly interfamily, individual ways of the
decision of problems. Co-habitation arises not because people ignore official
marriage, it, more likely, - a consequence of transition from traditional,
patriarchal relations to modern, based on equality of the rights and
partnership of floors, convergence interfamily, and in general social roles of
men and women. Easing, shaking of patriarchal foundations, strengthening of
individualist values not necessarily conduct to decline of institutes of
marriage and a family. But these institutes vary, and at the heart of changes
values of the XX-th century lie: Expansion of a freedom in choosing for the man
and for the woman both in family, and in social area, equality of
spouses-partners, the big possibilities for contacts between generations and
a problem of a civil marriage of a society consists in its display at
individual level. According to the theory of a social exchange (J. Khomans,
P.Blau, D.Tibo, G.Kelli) the social behaviour is considered as personal contact
between two individuals in which compensation or loss define their behaviour.
That is, as the person entering the relations of an exchange with other person,
will expect that incomes of each of them will be proportional to expenses - the
more incomes, the it is more expenses. One of starting positions of the theory
of a social exchange is that diverse kinds of compensations are necessary for
people, receive which they can, only co-operating with other people. Social
approval, respect, the status, and also the practical help can be compensation
in the course of social interaction.
In our case as
an example of such compensation it is possible to result care, liking display,
sexual relations etc. Thus on the foreground leaves the argument stated in
favour of a civil marriage, consisting that at short-reception of
compensations, increase in expenses and reduction of incomes, co-habitation
stops, without bearing behind itself any consequences from the legal point of
view. The importance of this or that compensation or loss depends on its value
for the concrete individual.
entering meaning in a civil marriage, receive more benefits from such form of
mutual relations, than from the registered marriage. And these benefits are
valuable to them in their system of values. One of problems of the given
research is opening of the reasons of why people enter a civil marriage. What
those significant values for the individual which it can and gets thus making
marriage" has entered into our life promptly and has taken roots so
naturally as if it is a question of any technical novelty, and at all about the
phenomenon mentioning the major public institute – a family. The concept
"de facto marriage" has appeared in Russia in XIX century among a
part of the advanced intelligency as alternative to church marriage which in
consciousness of the majority of the population was is unique the lawful. After
branch of church from the state unique legitimate marriage in Russia becomes official, state, i.e. de facto marriage. However the population part still
began to name de facto marriage informal marriage relations. There was a
phenomenon of Russian "de facto marriage". In essence "de facto
marriage" in Russia is a co-habitation of the people, doing not wish to
connect itself the matrimonial both parental rights and duties.
Now in a
modern society "de facto marriage" has got the certain legitimacy,
with the given relations already to surprise nobody, moreover, many justify its
existence. Nevertheless, disputes concerning civil marriages do not cease also
the relation to them far not the unequivocal.
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