Prerevolutionary jurists had attempted throughout the late nineteenth century to reform Russia’s strict laws on marriage and divorce, but achieved little success. Up to 1917, Russian law recognized
FAMILY CODE ON MARRIAGE,
the right of religious authorities to control marriage and divorce. Women were accorded few rights by either church or state. According to state law, a wife owed her husband complete obedience. She was compelled to live with him, take his name, and assume his social status. Up to 1914, a woman was unable to take a job, get an education, or execute a bill of exchange without her husband’s consent. A father held almost unconditional power over his children. Only children from a legally recognized marriage were considered legitimate, and illegitimate children had no legal rights or recourse. Up to 1902, when the state enacted limited reforms, a father could recognize an illegitimate child only by special imperial consent. The Russian Orthodox Church considered marriage a holy sacrament, and divorce was almost impossible. It was permissible only in cases of adultery (witnessed by two people), impotence, exile, or unexplained and prolonged absence. In cases of adultery or impotence, the responsible party was permanently forbidden to remarry.
The 1918 Code swept away centuries of patriarchal and ecclesiastical power and established a new vision based on individual rights and gender equality. It was predated by two brief decrees enacted in December 1917 that substituted civil for religious marriage and established divorce at the request of either spouse. The 1918 Code incorporated and elaborated on these two decrees. It abolished the inferior legal status of women and created equality under the law. It eliminated the validity of religious marriage and gave legal status to civil marriage only, creating a network of local statistical bureaus (ZAGS) for the registration of marriage, divorce, birth, and death. The Code established no-grounds divorce at the request of either spouse. It abolished the juridical concept of “illegitimacy” and entitled all children to parental support. If a woman could not identify the father of her child, a judge assigned paternal obligations to all the men she had sexual relations with, thus creating a “collective of fathers.” It forbade adoption of orphans by individual families in favor of state guardianship: jurists feared adoption, in a largely agrarian society, would allow peasants to exploit children as unpaid labor. The Code also sharply restricted the duties and obligations of the marital bond. Marriage did not create community of property between spouses: a woman retained full control of her earnings after marriage, and neither spouse had any claim on the property of the other. Although the Code provided an unlimited term of alimony for either gender, support was limited to the disabled poor. The Code presumed that both spouses, married or divorced, would support themselves.
The 1918 Code was very advanced for its time. Comparable legislation on equal rights and divorce would not be passed in Europe or the United States until the end of the twentieth century. Yet many Soviet jurists believed that the Code was not “socialist” but “transitional” legislation. Goikhbarg, like many revolutionary jurists, expected that law, like marriage, the family, and the state, would soon “wither away.”
The Code had a significant effect on the population, both rural and urban. By 1925, Soviet citizens had widely adopted civil marriage and divorce. The USSR displayed a higher divorce rate than any European country, with fifteen divorces for every one hundred marriages. The divorce rate was higher in the cities than in the rural areas, and highest in Moscow and Leningrad. In Moscow, there was one divorce for every two marriages. Soviet workers, women in particular, suffered high unemployment during the 1920s, and divorce proved a special hardship for women who were unable to find work. Peasant families found it difficult to reconcile customary law with the autonomous property provisions of the Code. After extensive debate, Soviet jurists enacted a new Family Code in 1926 to redress these and other problems. See also: FAMILY CODE OF 1926; FAMILY EDICT OF 1944, FAMILY LAWS OF 1936; MARRIAGE AND FAMILY LIFE
BIBLIOGRAPHY
Berman, Harold. (1963). Justice in the USSR: An Interpretation of Soviet Law. Cambridge, MA: Harvard University Press. Goldman, Wendy. (1993). Women, the State and Revolution: Soviet Family Policy, 1917-1936. New York: Cambridge University Press. Hazard, John. (1969). Communists and Their Law. Chicago: University of Chicago Press. Stites, Richard. (1978). The Women’s Liberation Movement in Russia: Feminism, Nihilism and Bolshevism, 1860-1930. Princeton, NJ: Princeton University Press. Wood, Elizabeth. (1997). The Baba and the Comrade: Gender and Politics in Revolutionary Russia. Bloomington: Indiana University Press.
This decree of the Presidium of the Supreme Soviet claimed to “protect motherhood and childhood.” Amid deep concern for wartime manpower losses and social dislocation, the decree sought to increase natality and reinforce marriage.
The law’s best-known provisions rewarded prolific mothers and made divorce more difficult to obtain; its pro-natalism and support for marriage reinforced prewar trends apparent in the Family Laws of 1936. Pro-natalist measures included family allowances paid to mothers regardless of marital status, extended maternity leave, protective labor legislation for pregnant and nursing women, and an ambitious plan to expand the network of childcare services and consumer products for children. Bearers of ten or more living children were honored as “Mother-heroines.”
Other provisions tightened marital bonds by making divorce more onerous. Proceedings now took place in open court, with both parties present and the court obligated to attempt reconciliation. The intent to divorce was published in the newspaper, and fines increased substantially. Reversing the 1926 Family Code, only registered (not common-law) marriages were now officially recognized. The state also reestablished the notion of illegitimacy: only children of registered marriages could take their father’s name and receive paternal child support.
The legislation had no significant lasting effect on birth or divorce rates. Despite its ambitious goals, promises of augmented childcare services and consumer goods went unfulfilled, given postwar economic devastation and prioritization of defense and heavy industries. The law’s greatest significance was perhaps as a manifestation of the ongoing Soviet effort to imbue private life with public priorities. See also: FAMILY CODE OF 1926; FAMILY CODE ON MARRIAGE, THE FAMILY, AND GUARDIANSHIP; FAMILY LAWS OF 1936
BIBLIOGRAPHY
Bucher, Greta. (2000). “Struggling to Survive: Soviet Women in the Postwar Years.” Journal of Women’s History 12(1):137-159. Field, Deborah. (1998). “Irreconcilable Differences: Divorce and Conceptions of Private Life in the Khrushchev Era.” Russian Review 57(4):599-613.
FAMILY FARM See KHUTOR.
In 1936, the Soviet state enacted several laws that sharply departed from previous legislation. The Soviet Union had been the first country in the world to legalize abortion in 1920, offering women free abortion services in certified hospitals. In 1936, however, the Central Executive Committee outlawed abortion. Anyone who performed the operation was liable to a minimum of two years in prison, and a woman who received an abortion was subject to high fines after the first offense. The new law offered monetary incentives for childbearing, providing stipends for new mothers, progressive bonuses for women with many children, and longer maternity leave for white-collar workers. The criminalization of abortion reflected growing anxiety among health workers, managers, and state officials over the rising number of abortions, the falling birth rate, the shortage of labor, and the possibility of war.
The law also made divorce more difficult and stiffened criminal penalties for men who refused to pay alimony or child support. It required both spouses to appear to register a divorce and increased costs for the first divorce to fifty rubles, 150 rubles for the second, and three hundred rubles for the third. It set minimum levels for child support at one-third of a defendant’s salary for one child, fifty percent for two children, and sixty percent for three or more, increasing the penalty for nonpayment to two years in prison.
The law was part of a longer and larger public campaign to promote “family responsibility” and to reverse almost two decades of revolutionary juridical thinking. In April 1935, the Council of People’s Commissars (Sovnarkom) granted the courts sweeping new powers to try and sentence children aged twelve and older as
