Концепция развития семейного законодательства: какой ей быть?

Abstract

The author discusses the Concept of the development of family legislation as a separate document – hypothetically useful due to its creative nature, multifunctional and therefore necessary, but little known from the point of view of the methodology of its textual design. Based on the attempts that have already taken place to create a text of the Concept, which have not yet reached the level of scientific discussion, the author seeks to give an impetus to this complex scientific work in order to revive it. The theoretical premise is the thesis that the Concept of Legislative Development is a special theoretical tool, the identification characteristics of which differ significantly from other scientific genres, which cannot be reduced to a simple description and criticism of the norms of family law. The purpose of this article is to clarify the concepts of what methodological requirements a Concept as a type of written scientific text should meet. In addition to the fact that its creation is associated with the intention to get away from the backlog and imperfections in the field of family law regulation, it is an innovative and progressive type of coordinated scientific knowledge. The approach described in this article is largely based on the collective research of the Institute of Legislation and Comparative Law under the President of the Russian Federation and the successfully implemented experience in developing and introducing into legal life the Concept of the Development of Civil Legislation of the Russian Federation in 2009.