CC BY
18Psychology
UDC 159.99
candidate of Psychological Sciences Tuzova Olga Nikolaevna
Federal State Budgetary Educational Institution of Higher Professional Education «Murmansk Arctic State University» (Murmansk)
FORMATION OF THE GUARDIANSHIP AS A SOCIAL INSTITUTE IN RUSSIA
Annotation. This article raises the problem of the guardianship establishment of children left without parental care in Russia. The theoretical analysis, summoning and synthesis of historical, psychological, pedagogical and law literature are appeared the basic methods. The result of theoretical analysis, synthesis and generalization of sources is the description of the attitude of society and the state to guardianship as a social institution in various cultural and historical contexts. The role of state bodies in the development of this institution of socialization of orphans is shown. Based on the analysis of the literature, the main stages in the formation of guardianship as a social institution are highlighted.
Keywords: guardianship, trusteeship, orphans, institute of socialization.
Аннотация. В данной статье поднимается проблема становления опекунства над детьми, оставшимися без попечения родителей, в России. Основными методами исследования выступает теоретический анализ исторической, правовой и психолого-педагогической литературы, ее обобщение и синтез. Результатом теоретического анализа, синтеза и обобщения источников является описание отношения общества и государства к опекунству как социальному институту в различных культурно-исторических контекстах. Показана роль государственных органов в развитии данного института социализации детей-сирот. На основании анализа литературы выделены основные этапы в формировании опекунства как социального института.
Ключевые слова: опекунство, попечительство, дети-сироты, институт социализации.
Introduction. Scientific attention to the issue of guardianship has arisen in Russia relatively recently. Mainly, it is due to the development of the system of social protection of citizens. First of all, there appeared a need for legal support of children left without parental care, as well as families wishing to become substitute parents (guardians). The relevance of the chosen topic is due to the need to form a theoretical-methodological basis for the practice of psycho-pedagogical and socio-psychological support of guardianship families.
Guardianship as a socio-psychological phenomenon is an interdisciplinary phenomenon. Currently, you can find works of domestic scientists devoted to this social phenomenon in sociology [4, 14], jurisprudence [9], history [6, 10], pedagogy [3, 7], psychology [1, 2, 11, 13, 16, 17, 18, 19], etc.
In the given article we made an attempt to regard the establishment of the institute of guardianship in Russia.
The object of the research is guardianship as a socio-psychological phenomenon, and the subject is the establishment of guardianship as a social institution in Russia.
The purpose of the theoretical study: to consider the stages of the formation of guardianship as a social institution in Russia. The following tasks were formulated to achieve this goal:
1. To study the literature on guardiandhip issues;
2. To highlight the stages of the formation of the institution of guardianship in Russia;
3. To make a psychological analysis of the attitude of society to guardianship as a social institution in different cultural and historical periods.
Presentation of the main material of the article. The formation of a care system for children in Russia took place in connection with the emergence and development of trusteeship ideas of children whose parents for some reason could not carry out an educational function. The Institute of Guardianship and Guardianship in Family Law of Russia, as noted by Makarova S.V., emerged as a form of placement of orphans with a view to organizing their maintenance, upbringing, education, as well as protecting their rights and interests [9].
The theoretical analysis of the literature allowed us to highlight several stages of guardianship. The basis for the selection of these periods was the category of "relationship". Namely, we considered, in the historical and legal contexts, how the attitude of society and the state to the problem of placement children left without parental care was shaped.
The great need for guardianship as a way of replacing parental education was at all times and in all existing nations.
The term "guardianship" came to Russia from Lithuanian law. At first, guardianship was designated as "to order a minor to someone", "to have him in his arms, in a house". The person who took the orphaned child was called the "pechalnik" [6, 9, 12].
At the first stage of development, an informal guardianship was formed. The first chronicle mention of guardianship in Russia belongs to the year 879. Rurik leaves a relative as a guardian to his son. As a rule, after the parents death, the immediate relatives who took the place of the dead became guardians. If there were no immediate male relatives, then custody was entrusted to mother. For example, after the death of Prince Igor, his mother became the guardian (trustee) of Svyatoslav. The guardian had to take care of raising the orphan, protecting him from insults and injustices. As the property belonged to the whole kin, the guardian had no obligations regarding the property. At the same time, relatives of the orphan made a strict supervision of the guardian, their opinion was considered indisputable [6, 10, 12].
The other document, which mentions custody, was the code of laws of Yaroslav the Wise - "Russkaya Pravda" (Russian Truth). Article 99 states: "If after the death of the father there are small children in the family and their mother remarried, one of the closest relatives became a guardian or it could be a stepfather". That is, after the death of the father, the closest person to the orphaned children became their guardians. However, the father could appoint an outsider as a guardian. According to Russkaya Pravda, the guardian was given for temporary use the movable and immovable property of an orphan child for a reward from the income from this property [6, 10, 12].
The children were taken care until they grew up, until they could take care of themselves. It follows that in that historical period there was no specific time limit to mark the end of the implementation of guardianship.
Thus, for the first stage of the establishment of guardianship in Russia, it is characteristic that the close relatives were in charge of orphans, that is, it was a kinship guardianship. Thanks to this, the race was preserved through the
preservation of the child in the family system. There were strong family ties, ties of kinship, a sense of belonging to a single progenitor. These facts are enshrined in folk art - proverbs and sayings. For example, "The apple does not fall far from the apple tree", "The berries of one field" ("Cut from the same cloth").
The second stage is connected with the formation of a formal guardianship, on which the rights and duties of the guardian to the child. Guardianship appears during the life of the parent according to his will, as well as the church's intended purpose, since it was in charge of family, hereditary and custodial affairs. However, the relatives of the ward are continued to supervise the guardian. They are also obliged to return the property of the ward when one becomes independent [9, 10]. After the reforms of Peter the Great, the duty to control that orphans were not left without guardians was assigned to the magistrates. A guardian could be appointed either by will or by law, or by order of government. Thus, guardianship became a state institution supervising the activities of guardians.
During the reign of Catherine II, the division of guardianship and trusteeship began. Now the main feature of guardianship was its class estate. The decree of 1775 "Institutions for the Governance of Provinces" established the termination date of guardianship when the guardians reached 14 years. The adulthood became at the age of 17: a person has the right to manage property, but so far he cannot dispose of real estate without the consent of the trustee. After orphan reached 21, the authority of the trustee ends. Similar differences persisted for a long time [9, 10, 12].
Article 209 of the Decree of 1775 specified the requirements that the guardian must meet. He should be "with goodwill, meek, humane, custodial, kind and diligent for the good of the young, so that he may be brought up in the fear of God, in knowing the faith in which he was born, in the rules of good will, in removing all evil examples, heart and character from early childhood itself corrupting and damaging ... " [9, 10, 12].
Guardians could not be squandering the property of their estate, if "nothing is left of it"; persons who have ever received judicial punishment; committing harsh acts known to members of the noble guardianship; a person who is in a quarrel with the parents of a juvenile [12].
Article 305 of the Decree of 1775 stipulated instructions concerning education: an orphan nobleman should be brought up so that he could "lead a decent life, resemblance to wealth, trouble-free from lenders, and serene from domestic disorder, very distant from waste, ruining families and generations, and would have been removed from life, upsetting minds, exterminating subordinates' obedience, and from laws that detract from respect for the authorities". When raising young orphans originating from merchants and townspeople, their guardian had to strive to ensure that the ward "could be brought up in the knowledge of his decent state of industry or craft" [12].
Guardianship was established only if the orphaned child had property. Children who did not have one were not given guardianship.
Thus, the second stage can be divided into three periods:
1. The guardian had many rights and few obligations to the ward;
2. The guardian has many obligations to the ward;
3. Forced and supervised guardianship.
At a time when there was a view of guardianship as a right, and not as a duty of a guardian, the government did not intervene in this matter. The right in the will to appoint a guardian to the child was given to the father. The guardian, as a relative of the ward, cared about the safety of the property of the latter, managed this property at his own discretion, without being subject to any restrictive regulations. Also, on the part of the state, there was no control over the guardian's actions.
The second period is characterized by the fact that, along with legal guardians and guardians according to the will, a third type of guardians appears - by appointment from the praetor or the provincial governor. Guardianship ceases to be the guardian's right. Now he is assigned very heavy duties. In this regard, the adoption of guardianship often began to evade, and the state introduced a rule according to which the refusal of guardianship was allowed only for particularly good reasons.
The third period is associated with the establishment of state control over the actions of guardians. Thus, more important acts of management began to need the prior consent of the praetor.
It should be noted that the most common form of guardianship was the so-called testamentary guardianship, that is, guardianship established over the child according to the orders of the parents. The guardian should have been responsible for the physical condition of the ward, take care of his moral and mental education, prepare for life according to the social status of his estate. Along with the responsibility of the guardian, he had a lot of authority. In order to exercise control over the actions of guardians, guardianship institutions were established, to which it was necessary to submit reports on the maintenance and upbringing of the child [12]. It is important to note that until 1917 the family was the main institution for the socialization of orphans.
At the end of the 19th and the beginning of the 20th centuries, the idea of a family crisis as a social institution was widely adopted in Russia. In this regard, along with the fact that the process of the establishment of the institution of guardianship and trusteeship in Russia actually receives a certain design, its social recognition remains very fragile due to the revolutionary changes that our country has entered. As the doctor of pedagogical sciences L.N. Litvin noted, such major social upheavals as revolution, war, devastation, etc., inevitably lead to a decrease in the level of public and personal morality, weakening traditional social structures, including the family inevitably [8].
The third stage in the formation of guardianship is associated with revolutionary transformations and the construction of the Soviet state. It can be said that family guardianship is being replaced by state one.
In the first years of Soviet power, in general, the attitude of the state towards family education changed. Fierce disputes begin about the role of the state in raising a new generation. Family education was recognized by the state as a temporary phenomenon, which should be replaced by public or social education. Therefore, placing a child in any social institution was of higher priority than searching for a family ready to take on the responsibilities of raising it. It should be noted that before the beginning of the XX century in Russia there was no concept of "social orphanhood". Guardianship (trusteeship) over children was established traditionally only in the event of the death of the child's parents. In Russian law, for a long time there were no positions on deprivation or restriction of parental rights, which is primarily associated with the existence of the institution of parental authority.
The institution of guardianship and guardianship is reflected in the norms of the law of the Soviet state. For example, Article 189 of the Code of acts on civil status acts, marital, family and guardian rights of the RSFSR of 1918 states that trustees were appointed to carry out transactions or to manage property. In 1926, in the Code on marriage, family and guardianship of the RSFSR, guardianship was instituted over children under the age of 14, mentally ill or mentally retarded people; guardianship - over persons aged 14 to 18 years and over those who cannot exercise their rights and obligations for health reasons.
The fourth stage of the formation of guardianship as a socio-psychological phenomenon is associated with the ratification of the Convention on the Rights of the Child in 1990. Russia recognized the right of a child to be raised in a family as a priority. The main legislatively established forms of placement of children deprived of parental care in modern Russia are: adoption, guardianship, patronage, and the placement of children in a special institution - a child's home, an orphanage, a boarding school.
Currently, the problem of guardianship and trusteeship has become an important area of work in the system of social protection of citizens. The need to assist guardians in obtaining psychological and (or) pedagogical support services is reflected in Presidential Decree of December 28, 2012 No. 1688 "On some measures to implement the state policy in the field of protection of orphans and children left without parental care" , changes to the Federal Law of April 24, 2008 No. 48-FL "On Guardianship and trusteeship". Rendering assistance to guardians and trustees involves, among other things, providing them with comprehensive assistance in realizing and protecting the rights of juvenile wards in order to timely identify and resolve problems arising in the process of raising an adopted child, as well as preventing the child from returning from family and placing him in an organization for children - orphans and children without parental care.
Conclusions. Analysis of literature has shown that guardianship as social institute are claimed in all historical periods and requires legal support, socio-psychological and psychological-pedagogical support. Unfortunately, it is difficult to imagine the times when the problem of orphans will be exhausted. In our opinion, the current stage in the development of the institution of guardianship is as close as possible to the origins of its formation in the sense of understanding society of the importance of raising a child in a family. The main task is the need to create conditions for the preservation of the child in the family system, namely, to organize the optimal opportunities for blood support for children left without parental care.
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