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THEORETICAL AND METHODOLOGICAL APPROACHES TO DETERMINATION THE CONCEPT OF «STATE FAMILY POLICY»: ANALYSIS OF DOMESTIC AND FOREIGN EXPERIENCE

THEORETICAL AND METHODOLOGICAL APPROACHES TO DETERMINATION THE CONCEPT OF «STATE FAMILY POLICY»: ANALYSIS OF DOMESTIC AND FOREIGN EXPERIENCE
Ирина Чеховская, заведующая кафедрой гражданского права и процесса, доктор юридических наук

Университет государственной фискальной службы Украины, Украина

Участник конференции

The analysis and classification of scientific approaches as for the determination of the concept of «state family policy» have been carried out. That led to conclusions that state family policy is closely related to the strengthening of social institute of family, protects its interests and rights in the process of community development, and also allows discovering and settling the specific family problems.

The theoretical analysis of correlation of concepts "social policy", "demographic policy" and "family policy" has been carried out,which helped to define the features of public social policy and public family policy. The concept of "state family policy" was investigated in the context of correlation of such concepts, as "policy", "demographic policy", «state policy in relation to family", "state policy in relation to women and children", " state policy in relation to family and women".

The determinants of forming and development of sate domestic policy in certain in historical and legal aspect have been defined. The concept of "state family policy" is set forth.

Keywords: policy, family policy, social policy, demographic policy.

 

Family is the important factor of strengthening of the state and society. However interests and possibilities of a family are realized not enough today. Since 1990-s substantial changes in a domestic family policy have taken place, being predefined by abandonment from practice of state paternalism for the benefit of liberal ideology of individualism. These changes resulted in minimization of social functions of the state in relation to the institute of family in Ukraine as well as in loss or improper implementation by a family its traditional functions. In addition, there is transformation of institute of family that is accompanied by the considerable change of demographic indicators, growing variety of types of family and increase of risk of poverty among separate categories of families.

Without regard to the fact that during all years of independence the state has determined family policy as inalienable constituent of the program of activity of all governments, the corresponding measures did not give a desirable result. Development of effective family policy in a country is complicated because of the lack the legislative base, practical mechanisms of its realization, its underestimation as an independent direction of government activity, absence of the medium-term program of stabilizing, strengthening and development of social institute of family, aggregate of objective and subjective factors that keep permanent principle of financial, logistical, skilled support of public family policy (further - SFP).

At the same time theoretical researches of the content and results of SFP as for today do not meet the practice of its realization by the state in the person of authorized organs. In this connection modern SFP of Ukraine is characterized by the complex of contradictions both on theoretical and legal as well as on political, social, economic, demographic levels and represents in itself only a set of distinguished state measures that do not have a system character. The role of SFP as a system forming factor of development of society and state determines a requirement in deep theoretical and methodologicalanalysis of the concept of concept «state family policy».

Before defining the concept of such policy, it is worth investigating the concept of "policy". The origin of the term "policy" scientists connect with the name of the ancient Greek scientist Aristotle, that examined it as science about the state, paying  attention to the bases of organization and activity of the state and political power. Having generalized the various scientific approaches to determination the term of "policy" [1; 2] and taking into account the aim of the research,  we consider that a policy is an organizational, regulatory and supervisory sphere of public activity that has all-embracing character, oriented at meeting goals and predefined by such properties, as ability to influence all structure of society, events that take place in it, relations, to embrace various spheres of public life, and is aimed at fascination, maintenance and use of power.

The fundamental value of our research lies in understanding the of essence of such concepts, as "social policy", "demographic policy" and "family policy". First of all it is worth noticing that the marked concepts do not have a withstand academic determination. We will give a few determinations of social policy by different authors.

Thus, О. L. Ivanova believes that, "Social policy is the activity of a state in relation to creation and adjusting of socio-economic terms of life of society with the aim of increasing the welfare of members of society, removal of negative consequences of market processes functioning, providing social justice and socio-political stability in a country" [3, p. 48].

А. Soloviov characterizes social policy as "a complex of measures from the the state in relation to the settlement of social and labour relations". He examines social policy in a narrow and wide aspect. In the narrow one he considers it to be the system of state support of social rights and guarantees of capable of working and disabled citizens. In the wide aspect it is the system of measures that provide the most complete realization of relations of property between main social groups of society. At the same time he understands social policy as a special type of government activity related to "organization of the systems of life-support, with realization of interests, rights and freedoms of citizens, with support of their welfare and economic independence, with providing the guarantees of deserving consumption of public benefits and services, with the grant of public defence to the citizens, that they require" [4, p. 25].

А. N. Averyn examines social policy as "influence of the state on the social sphere of society, its activity in relation to satisfaction of social necessities of people, support of deserving for society standards of their living, granting of social services to the population, providing constitutional and social guarantees to the citizens, granting social support to the disabled and those of scanty means groups of population" [5, с.4].

Thus, most scientists believe that social policy is a "complex of measures from the state", that are aimed at "different social and demographic as well as professional groups of population and regions of a country".

The essence, character, features and mechanisms of realization of social policy, its separate constituents, determine over two hundred laws and sub legislative acts. It is worth noting that social policy is differentiated by the laws of Ukraine in accordance with the sex and age categories of citizens.

The aim of social policy of the state is providing the stable functioning of society, achievement of public consent and social integrity, proper level of vital activity of people.

The subjects of social policy include: public organs, departments and establishments; public, religious, eleemosynary and other non-state associations; commercial, financial and other business structures; citizens that participate on professional or voluntarily principles in realization of civil and public initiatives.

The object of social policy is somehow more difficult to be defined. P. Speaker attributes social defence and social services to the object of social policy [6], М. Holovatyi and М. Panasiuk - ".social security (pension system for the elderly, in case of disability and others like that), system of health protection, education, science and culture and prevention of criminality" [7], P. Shevchuk - ". individuals, groups or communities that require certain social support and defence" [8]. As evident from the determinations considered above, the list of objects of social policy can be different.

The basic directions of public social policy of Ukraine are the following: profits, standard of living of citizens; employment of citizens and condition of labour market; organization of labour and payment for it; labour protection; obligatory state social security; housing provision for citizens and others. There were defined separate main components of the system of social security of citizens: social security related to labour activity, separate cash disbursements and pensions; help to families with children; address social help to the separate groups of scanty means; granting of housing subsidies; indemnifications and privileges for those, who suffered from ecological and man-made catastrophes [9].

It is necessary to notice that directions of social policy are oriented to the family, however as the latter is not examined as an integral object, they are usually not agreed, do not take into account the specific of functioning and development of family, the stages of its life cycle, necessities and that is why it is often ineffective.

Thus, taking into account the above-mentioned facts, it is possible to draw conclusion that, firstly, there are different approaches to understanding the content of social policy, its aim, subjects, and their competences. Secondly, public social policy in Ukraine is on the stage of reformation and differentiated by the laws of Ukraine in accordance with the sex and age categories of citizens. Thirdly, the public social policy of Ukraine depends on socio-economic development and is not enough financed from the state budget which is done by the permanent principle. Fourthly, the social policy of the state is oriented mainly to the population on the whole and, actually, does not take into account the interests of the family as a social institute.

Social problems that families in Ukraine face can be divided into two groups. The first group is formed with the problems of general social character (macroeconomic and micro social), including those related to the spheres of health protection, culture, employment. The second group represents the specific of functioning of a family as a social institute, institutional concept of vital activity of the family. The aggregate of these problems represents the object of FP. General social measures that social policy operates, relate families directly. However they are not oriented to family purposefully as an object of social policy is a population on the whole. FP is oriented to the family as to a concrete object and is called to create terms for the solution of specific family problems.

In this connection it is necessary to investigate the concept of "family policy". The  term "family policy" has a relatively recent origin, it was developed in the 2nd half of the XX century. Kemerman and Kon were the first researchers who tried to define the term of "family policy". In 1978 they published the research paper "Family policy: State and Family in 14 countries" [10], where they investigated countries with an explicit and implicit family policy. An "explicit family policy" meant that there is a state in the country, the concept of FP is legally and institutionally fixed. The family was the object of political discussions, and the political aim in relation to the family was officially formed. An "implicit" FP meant the lack of all the above mentioned characteristics. Although other directions of public social policy were related to the family, their aims were different and, as a rule, not concentrated on the family.

A regional demographic seminar on the problems of FP that took place in Yurmala (Latvia) in 1988 set the beginning of the active development of content of FP, its aims, forms and methods. Respectively in research papers and social and political vocabulary this term has been actively used approximately since the middle of 1980-s.

In the former USSR the concept of "family policy" was actively introduced in scientific and socio- political vocabulary only at the end of 1980-s and used along with more usual terms, such as "policy of population", "demographic policy" and " family planning". At that time scientists and politicians made an effort to define the concept of FP, set forth its aims, principles and directions, show its place in the system of measures of social policy, ground correlation with social and demographic policy, to relate to the problem of family planning and the others like that.

In connection with the development by the State Labour Committee of the USSR the basic directions of improvement the position of women, family and children in 1989 under the direction of the well-known demographer A. Vyshnevskyi, the government program called “Family Policy in the USSR in 90-s" was introduced. The Preamble to this Program stated: 1) "...the active family policy aimed at the improvement of social, economic and moral terms of implementation by the family its functions must become the major component part of all social policy of the state in the USSR; 2)...family policy will be developed and conducted as an integral system of interrelated measures and with the maximal account of new realities : market economy, social partnership, political democracy" [11, c. 26 ].

In 1991 in Moscow there was the conference of the International union of family organizations "Global family policy and rights for family". This was the first conference in Russia at the national level, where the mentioned definition was used in its name.

Nowadays the importance of development of strategic directions of FP is understood by both scientists and politicians. The amount of professional researches in this area increased considerably, as well as legislative projects develop in different countries, including the aim of control of changes in FP both on national and European levels.

At the same time, to this day the concept of "family policy" does not have a single interpretation and represents enough different approaches both by scientists and practical workers, although it is quite often applied, first of all by scientists, in mass media. The concept got considerable amplification at the international level, in the documents of the UNO and other international organizations, state acts of many countries of the world. However its definition can be found neither in the "Demographic encyclopedic dictionary", nor in the multilingual demographic dictionary prepared under an aegis of the International union on the study of population nor in the encyclopedic dictionary "Population".

It cannot be found in Ukrainian encyclopedias and dictionaries either. It is necessary to emphasize that the first works on the problems of FP in domestic scientific literature appeared at the end of 1990-s [12; 13 and others]. However, as justly I.A. Semenets-Orlova states, they lacked theory, and sometimes explained the issue of FP very superficially [14].

Lately a range of profound works with the detailed analysis of domestic practice of FP has been published [15; 16 etc.]. However FP in these papers is often examined in a narrow meaning (in understanding the definition the concentration of attention prevails mainly on direct cash disbursements, aid to having many children families, tax deductions, paid maternity leave). In other scientific works the accented attention is only on demographic and pronatalistic aspects of FL, and more precisely – stating existent problems without the differentiated study of ways of their possible overcoming.

As for today the concept of "family policy" is more often used in scientific publications as an independent category for denotation of activity of government and other services for social defence of the family, granting of address support to families of certain types. However the legitimacy of such a concept among the specialists causes little doubt. As stated above, some scientists equate FP with social defence, identify it actually with state security, indemnifications, privileges. Other examine FP as a branch simultaneously of social and demographic policy, concentrating more attention, depending on professional specialization, on demographic, social, cultural, medical and other aspects. Knowledge about family, its problems and conformities to the law of development, received by scientists, present informative and methodological basis for setting the aim and tasks of FP, for development of mechanisms and programs of its realization.

Considering the definitions of the investigated concept offered by scientists, we will distinguish a few scientific approaches to the essence of SFP.

A group of scientific approaches to the essence of SFP as a part of social policy embraces the understanding of family policy from positions of social security. Scientists identify it with the state aid, indemnifications, privileges and examine SFP as a system of measures of help families with children (A.N. Averyn, A.V. Bazyliuk, S.V. Nychyporenko, О. О. Kolomoiets, B.O. Krimer, О. P. Krentovska, L.V. Kulachok, L.P. Korotkova, A.D. Plotnikov, A.O. Silenko, A.F. Kkramtsov, T.V. Shevtsova, М. Yu. Khmeliova and others).

It is worth noting that measures conducted within the framework of social policy first of all influence family. However they take not enough into account its interests as a social institute. SFP is aimed at strengthening the social institute of family, it protects its interests and rights in the process of community development, and also allows discovering and settling the specific problems of family. Therefore equation of social policy with the family one is illegal and can result actually in the denial of the latter.

Other scientists examine SFP from positions of the lack of synonymous determination as social or economic policy (М. Yu. Arutyunyan, A.H. Vyshnevskyi, H.S. Vistovska, T.A. Yelizarova, H.V. Rakhmanova, V.I. Zhukov and others).

S.Yu. Aksionova, О. М. Balakirieva, V.S. Vasulchenko, A. М.Hrynenko, О. A. Hrishnova, L.P. Kerb, М. М. Shymanovskyi and others, include FP in the complement of demographic policy (or socio-demographic policy), that considerably narrows the value of policy in relation to family, identifies it practically with the reproductive function. As the objects of demographic policy are the populations of a country on the whole or of separate regions, socio - demographic groups of population, families of certain types and stages of life cycle, and a demographic policy is a purposeful activity of public organs and other social institutes in the field of adjusting of processes of recreation of population, the system of aims and facilities for their achievement.

As we see, demographic and family policies are interrelated, but are not identical. A demographic policy is also the constituent of a social policy. However it is distinguished by other than FP grounds: by its function, but not by its object. At the same time a demographic function is only one among other functions of the family, and that is why the demographic development can by influenced first of all through the FP.

It is obvious that the question of comprehension of the concept of "family policy", its selection from social and demographic policies, is hardly possible to consider decided. It is possible to assert taking into account the facts mentioned above, that an exact and generally accepted concept of FP is not developed yet, while the manner of its usage testifies that researchers do not insist on its synonymous usage and examine FP as an area of simultaneously social and demographic policy, accenting attention, depending on professional interests, on demographic, social, cultural, medical and other aspects.

To the group of scientific approaches to the essence of SFP as a separate direction of social policy we take such scientific ideas that correlate to its definition as : а) legal activity of the state : purposeful complex of legal norms, actions and methods carried out by the state (D.J.Van de Rea, M. Jackson, H. Joshy, Sh. Kamerman, D. Koleman, J. Yesping-Andersen); purposeful activity of organs of state administration and other subjects of policy (О. A. Khasbulatova, A,V. Smirnova, N. М. Stepanova, V.N. Smirnova, О. R. Kliueva, Zh.V. Chernova, D.Ye. Andreieva, A.I. Bukovunskyi, R.S. Safifylin and others); b) systems: integral system of measures of economic, legal, social, informative, ideological and administrative character (S. М. Vakulenko, О. I. Brahodarnyi, S.V. Rak, A.O. Fomenko, I.O. Kurylo and others); value-oriented system of state activity (A.M. Mishyn,  A.I. Pianov, O.I. Kharitonova, A.I. Shevchenko, O.O. Yaremenko); c) direct public policy: one of priority or specific directions of public policy and corresponding activity of the state (S.V. Tolstoukhova, V.I. Dovzhenko, H.V. Heravymenko, L.S. Volynets, M.M. Piatnytskyu and others); complex policy (V.I. Kutsenko, I.M. Lavrynenko, I.V. Shmidt and others); d) complex of measures aimed at the strengthening of basic family functions (L.M. Melnychuk, A.V. Artiukhov, S.V. Darmodekhin, L.F. Nebotova, A.I. Liashenko, V.D. Moskalenko and others).

It is also worth noting that the definition of the concept of "family policy" is given in many European countries, but they substantially differ depending on a country and its level of development. For example, in Poland: "family policy is a complex policy based on the affirmation of a  family with the aim of complete respect to every person, that creates it, and harmonious development of society that is the sum of families" [17]. In countries of the EU the following definition is generally accepted: "family policy is a complex of legal norms, actions and methods, carried out by the state with the aim of creation of favourable terms for the family, its origin, correct functioning and realization of all important public roles" [18].

Investigating foreign experience, I.I. Osypova [19, p. 73] offered the following classification of approaches to FP in the developed countries:

  • -     family - a policy aimed at encouragement of a birth-rate, aid to mothers at the combination of maternity and work (France);
  • -     traditional – aimed at the  maintenance of a family as such. Partial state support of a family is carried out, the main source of support is family, public, religious, eleemosynary organizations (Germany);
  • -     egalitarian – aimed at providing gender equality. The policy of the state is conducted with the aim of support of a double role of a worker and a father, freedom of choice by a family of form, structure, own trajectory (Sweden, Denmark);
  • -     family non-interventional - conditioned by non-interference in life of a family, as a family is able to provide own necessities without a considerable help from the side of the state (the USA, Great Britain).

The specific of approach to SFP in the Russian Federation is exposed in the works of leading scientists, as well as in normative and legal acts. Thus, a Russian scientist A.I. Pianov determines SFP as "independent direction of social policy, that is the system of complex activity of the state, directed at the social institute with the aim of its strengthening and development, defence of institutional rights and interests of the family, providing its independence, relative autonomy and prosperity; activation of its subject role in social space in which the state and family act as equal in rights subjects - partners" [20, p. 125].

A.V. Artuikhov believes that SFP is "a part of social policy, complex of the measures, aimed at providing certain influence on the family, processes of family changes or family behavior" [21].

О. A. Khasbulatova and A.V. Smirnova consider SFP as "purposeful activity of organs of state administration and other subjects of policy that is conducted with the aim of creation of optimal terms for functioning of family and successful implementation of socially meaningful functions " [22, p. 3].

Official interpretation of SFP by the Russian Federation is given in the Decree of the President of the Russian Federation "Om main directions of public family policy" of May, 14, 1996 № 712 (with amendments of 5.10.2002)[23], that declares the SFP as the constituent of social policy of the Russian Federation and the integral system of principles, estimations and measures of organizational, economic, legal, scientific, informative, propagandist and skilled character, aimed at improving conditions and standards of the life of families.

It is necessary to emphasize that SFP in the Russian Federation (further RF) is examined as a system of principles, estimations and measures. And in Ukraine, in the current release of the Conception of state famil policy [24], contrary to the Russian Federation, SFP is examined as a system of priority measures. However having analysed them it is possible to discover that the measures foreseen by the Conception are not incorporated in the integral system. Public organs that must carry out them are not defined this normative document. Presumably that is why the measures foreseen by the Conception are deprived of the value meaning and fundamental complex approach to the family as an autonomous integral social institute and are aimed at the removal of consequences, but not reasons that hinder full value functioning of the institute of family. There is no official determination of base definition in the domestic Conception of public family policy.

On the basis of analysis and generalization of scientific ideas it is established, that SFP is directly related to the strengthening of a social institute of family, it protects its interests and rights in the process of community development, and also allows discovering and settling the specific problems of family.

In this connection we can draw a conclusion, that SFP must be examined as an independent direction of public policy; as the system of complex activity of the state, aimed at forming, maintenance, strengthening, development and defence, providing of sovereignty and welfare of the institute of family; as a political and legal category.

We firmly believe that SFP must systematically decide the task of strengthening a family and family values; provide its interests in the process of community development; carry out the examination of vital functions of a family, and also any other decisions, normative and legal acts that are passed by public authorities from the point of view of influence of consequences of their realization on the family; creation of necessary conditions for realization of the functions of the family on the basis of its own labour activity; activation of the subject role of family in the process of the defence of its own rights; providing defence for socially unprotected families.

By its content SFP is complex and represents the relations of the state and family in the basic spheres of vital functions of society. However it is concentrated on the specific problems of a family, related to realization of its basic social functions.

We are also sure of the necessity to differentiate SFP and the policy in relation to women and children. With no regard to close objective interrelation, they are independent directions of social policy, although often equated (V. Dereha, S. Nychyporenko, L. Melnychuk, O. Kochemyrovska, L. Kryvachuk, A. Avchukhova and others).

State policy in relation to women and children is a constituent of a demographic policy of the state, the basic measures of which are aimed at the settlement of processes of recreation of population, the defence of rights of children as well as health protection of women and children.

For the detailed determination of this issue it is also necessary to consider the interpretation of such concepts, as "state family policy" and "policy of the state in relation to family", "policy of the state in relation to family and women", as their meanings may differ. The lack of official interpretation of these concepts in practice results in problems with determination of tasks; subjects of SFP, their functions in relation to realization of SFP, structure; mechanisms of realization of legislative norms, normative and legal acts. All of it negatively influences on the level of realization of any measures that come true within the framework of the government or regional programs and others like that.

State policy in relation to family is an inalienable, constituent of social policy of the state. Such policy has a narrow branch orientation. First of all it is conducted with the aim of settlement of marriage-family issues, stimulation of a birth-rate, material support of families with children etc. Its measures are implemented in order to remove the consequences of the negative influence on the institute of family.

State policy in relation to family and women is a constituent of social policy of the state, the basic measures of which are aimed at providing social guarantees to families with children and women.

Taking into account everything mentioned above it is possible to draw a conclusion, that SFP is a political and legal category and must be examined in two complementary aspects. In a political aspect it is an independent direction of public policy, the system of complex activity of the state that is aimed at forming, maintenance, strengthening, development and defence, providing of sovereignty and welfare of the institute of family. In a legal aspect it is a purposeful activity of public organs and other subjects of SFP aimed at creation of optimal conditions for the functioning of the institute of family.

The specific of such a policy has concretely-historical character. Among its determinants it is possible to distinguish:

  • -     institutional factors (political system, political regime, legislative base that regulates the mutual relations of the institute of family and the state;
  • -     socio-economic conditions (the level of development of services sector, creating conditions for ensuring economic independence of the family, the level of the real incomes of the family, granting families support in combination of professional and domestic duties by their members);
  • -     sociocultural and ideological factors ( dominating system of values and ideals as well as relation to the social status of the family and role functions of spouses determined by their gender);
  • -     character of mutual relations between the state and the family (social partnership, protectionism/paternalism, interference/not intervention of the state in the implementation by the family its own functions.

Such understanding of SFP directs family and state on the quality new level of relations and differs from traditional approaches. Firstly, a family, but not only an individual, gets a quality new status – real rights, state guarantees necessary for its existence. Secondly, SFP is carried out by means of the specially organized system of activity on the basis of the legal adjusting of relations of family and state. Thirdly, the competences of SFP comprise not all common social, but only specific, institutional problems of the family. Fourthly, SFP is aimed at the family as a social institute and an integral object. Fifthly, SFP acquires a systematic, complex character, embracing the basic spheres of functioning of the family in society. Sixthly, the state adheres to sovereignty of the family and its members, creates conditions for the most complete realization of its rights and interests, the role of the subject of social relations.

In this connection the crucial role for the organs of executive power, local self-government - the subjects of providing the SFP play tasks on implementation the following functions : а) creation of the proper conditions for the optimal functioning of the institute of family in Ukraine; b) granting families various state (administrative) services, including social, service, oriented to the different categories and necessities of families in Ukraine; c) realization of "internal" control over the implementation by executive organs, local self-government - subjects of the SFP, their public servants the duties they gain for providing the SFP in Ukraine; d) applying of corresponding measures for defence of the violated rights and freedoms of citizens and members of their families in case of their appeal of administrative or judicial of decisions, actions or omission of organs of executive power, local self-government - subjects of providing the SFP in Ukraine.

 

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  • 24. On the Conception of Public Family Policy of Ukraine : Decree of the Verkhovna Rada of Ukraine : of 17.09.1999 № 1063 - XIV // List of the Verkhovna Rada of Ukraine. - 1999. - № 46.  - Article 404.
Комментарии: 2

Зульфугарзаде Теймур Эльдарович

В работе представлены результаты аналитического исследования проблемных вопросов государственной семейной политики, в том числе автором предложена новационная классификация научных подходов к определению понятия «государственная семейная политика». Работа выполнена на очень высоком теоретическом уровне. Результаты и выводы исследования могут быть использованы в научной и образовательной деятельности.

Королев Евгений Сергеевич

Очень хорошая работа, написанная на весьма высоком уровне. Тематика исследования, затронутая автором и проработанная столь масштабно, более чем актуальна. С пожеланием дальнейших научных свершений, Е.С. Королёв.
Комментарии: 2

Зульфугарзаде Теймур Эльдарович

В работе представлены результаты аналитического исследования проблемных вопросов государственной семейной политики, в том числе автором предложена новационная классификация научных подходов к определению понятия «государственная семейная политика». Работа выполнена на очень высоком теоретическом уровне. Результаты и выводы исследования могут быть использованы в научной и образовательной деятельности.

Королев Евгений Сергеевич

Очень хорошая работа, написанная на весьма высоком уровне. Тематика исследования, затронутая автором и проработанная столь масштабно, более чем актуальна. С пожеланием дальнейших научных свершений, Е.С. Королёв.
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