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Historical stages of development of the mechanism of state regulation of the institution of adoption
Author(s) -
Kyrylo Dombrovsky
Publication year - 2020
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.4.2020.46
Subject(s) - institution , meaning (existential) , politics , mechanism (biology) , state (computer science) , order (exchange) , sociology , law , social order , social change , political science , law and economics , business , epistemology , philosophy , algorithm , finance , computer science
The article considers adoption as one of the oldest social institutions. The mechanism of state regulation of the institution ofadoption has a long history of formation and development. During the historical development of the institution of adoption, thiscategory of concepts has been improved, acquired new meaning and justification.In the primitive communal system, in order to survive, people had to stick together, work collectively and raise children together.Therefore, it was believed that in such a society, orphanhood did not exist.The institution of adoption as a social phenomenon is characterized by its customs and traditions, but its development andformation as a social institution are ambiguous and depend on the level of development of society, national characteristics andprevailing relations in society.The development and formation of the mechanism of state regulation of the institution of adoption can be traced back to ancientRome. Adoption was extremely widely used and took various social forms. Over the centuries, different peoples have changed the goals,conditions, order, property and non-property consequences of the adoption of another’s child, and sometimes adults. This was due tovarious purposes, which were determined by the historical, religious, social and political conditions of society at one or another stageof its development.The formation of the mechanism of state regulation of the institution of adoption in the times of Kievan Rus was taking intoaccount customary law. On the basis of customary law, the first legal norms on adoption in the collection of ancient Russian law“Russian Truth” are formed.The period of the Grand Duchy of Lithuania and the Commonwealth is characterized by the legal status of the child in the threeLithuanian statutes. Significant changes in the improvement of the care system took place during the reign of Catherine II.In Soviet times, the development of the mechanism of state regulation of the institution of adoption in Ukraine began with theadoption of legislation, the rules of which regulated the institution of adoption. During Ukraine’s independence, there were changes inthe mechanism of state regulation of the institution of adoption.Traditions, customs and rites, historical experience in regulating adoption relations show that they have become a core for theUkrainian state to create its own legal framework in the field of adoption.

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