Regulatory and Law Enforcement Aspects of Defining the Concept of Traditional Family Values

Abstract

The article analyzes some problematic issues of legal definition of the concept of traditional family values, the main approaches to identifying the essence and disclosure of the content of this phrase and the phenomenon designated by it in modern Russian law. Based on the theoretical and legislative material considered in the article, as well as judicial practice, it is concluded that the concept of traditional family values, which initially had a purely ideological, propagandistic, political connotation, after its inclusion in the text of the Constitution of the Russian Federation, has firmly entered the Russian legal discourse. It is established that the absence of the definition of traditional family values fixed in the law, the insufficiency and contradiction of attempts to define this concept in Russian law, on the one hand, complicates the solution of many theoretical and pragmatic tasks, including introducing an element of uncertainty into the law-applied practice. On the other hand, such legal uncertainty creates opportunities for systematic interpretation of this "rubber" formulation in order to counteract the destructive influence of non-traditional models of social behavior on the norms of family morality accepted in Russian society.