Establishing paternity in the history of Soviet law
The purpose of the work is to study the evolution of Soviet legislation regarding the establishment of paternity, covering the key stages of its formation and changes throughout the twentieth century, as well as the specifics of the law enforcement activities by the courts. Special attention is give...
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| Format: | Article |
| Language: | English |
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Peoples’ Friendship University of Russia (RUDN University)
2025-03-01
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| Series: | RUDN Journal of Law |
| Subjects: | |
| Online Access: | https://journals.rudn.ru/law/article/viewFile/43582/24609 |
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| _version_ | 1849766799694888960 |
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| author | Alexander Y. Epifanov Victoria A. Mun |
| author_facet | Alexander Y. Epifanov Victoria A. Mun |
| author_sort | Alexander Y. Epifanov |
| collection | DOAJ |
| description | The purpose of the work is to study the evolution of Soviet legislation regarding the establishment of paternity, covering the key stages of its formation and changes throughout the twentieth century, as well as the specifics of the law enforcement activities by the courts. Special attention is given to the influence of social and ideological factors on the legal norms governing this important aspect of family relations. The article analyzes how legislative initiatives reflected societal needs and changing ideas about family and parenthood. In conclusion, it emphasizes the significance of historical experience of Soviet law for modern family law and highlights the necessity for further analysis of legal norms in light of contemporary challenges and societal changes. It is concluded that the initial legislative initiatives of the Soviet state concerning the regulation of paternity emphasized the principle of equality between children born in marriage and those born out of wedlock, with consanguinity as the main criterion for establishing paternity. In the mid-1920s, the focus shifted to actual relationships with women and joint household management, which became the basis for recognizing paternity concerning a child. The tightening of state control over women’s reproductive function in the 1930s and 1940s was driven by a desire to compensate for demographic losses. This manifested in prohibitions of abortions, increased penalties for malicious non-payment of alimony, complications in divorce procedures, and restrictions on judicial establishment of paternity. From the second half of the 1950s onward, Soviet laws on marriage and family concerning paternity embodied a volitional factor rather than a biological or normative one. |
| format | Article |
| id | doaj-art-53e55d5f938f4d0ba044392330d38b51 |
| institution | DOAJ |
| issn | 2313-2337 2408-9001 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Peoples’ Friendship University of Russia (RUDN University) |
| record_format | Article |
| series | RUDN Journal of Law |
| spelling | doaj-art-53e55d5f938f4d0ba044392330d38b512025-08-20T03:04:27ZengPeoples’ Friendship University of Russia (RUDN University)RUDN Journal of Law2313-23372408-90012025-03-0129172010.22363/2313-2337-2025-29-1-7-2021263Establishing paternity in the history of Soviet lawAlexander Y. Epifanov0https://orcid.org/0000-0002-5686-5770Victoria A. Mun1https://orcid.org/0000-0002-3010-1094State University of ManagementO.E. Kutafin Moscow State Law UniversityThe purpose of the work is to study the evolution of Soviet legislation regarding the establishment of paternity, covering the key stages of its formation and changes throughout the twentieth century, as well as the specifics of the law enforcement activities by the courts. Special attention is given to the influence of social and ideological factors on the legal norms governing this important aspect of family relations. The article analyzes how legislative initiatives reflected societal needs and changing ideas about family and parenthood. In conclusion, it emphasizes the significance of historical experience of Soviet law for modern family law and highlights the necessity for further analysis of legal norms in light of contemporary challenges and societal changes. It is concluded that the initial legislative initiatives of the Soviet state concerning the regulation of paternity emphasized the principle of equality between children born in marriage and those born out of wedlock, with consanguinity as the main criterion for establishing paternity. In the mid-1920s, the focus shifted to actual relationships with women and joint household management, which became the basis for recognizing paternity concerning a child. The tightening of state control over women’s reproductive function in the 1930s and 1940s was driven by a desire to compensate for demographic losses. This manifested in prohibitions of abortions, increased penalties for malicious non-payment of alimony, complications in divorce procedures, and restrictions on judicial establishment of paternity. From the second half of the 1950s onward, Soviet laws on marriage and family concerning paternity embodied a volitional factor rather than a biological or normative one.https://journals.rudn.ru/law/article/viewFile/43582/24609fatherhoodchildhoodfamilymarriage“seasonal marriages”de facto cohabitationfamily lawalimonyexpertise |
| spellingShingle | Alexander Y. Epifanov Victoria A. Mun Establishing paternity in the history of Soviet law RUDN Journal of Law fatherhood childhood family marriage “seasonal marriages” de facto cohabitation family law alimony expertise |
| title | Establishing paternity in the history of Soviet law |
| title_full | Establishing paternity in the history of Soviet law |
| title_fullStr | Establishing paternity in the history of Soviet law |
| title_full_unstemmed | Establishing paternity in the history of Soviet law |
| title_short | Establishing paternity in the history of Soviet law |
| title_sort | establishing paternity in the history of soviet law |
| topic | fatherhood childhood family marriage “seasonal marriages” de facto cohabitation family law alimony expertise |
| url | https://journals.rudn.ru/law/article/viewFile/43582/24609 |
| work_keys_str_mv | AT alexanderyepifanov establishingpaternityinthehistoryofsovietlaw AT victoriaamun establishingpaternityinthehistoryofsovietlaw |