Legal nature of the secrecy of adoption

The content of the given article covers, first, the substantiation of relevance of the problem designated in the title. Nowadays family legislation represents in general a poorly working Soviet model, a copy from the Marriage and Family Code of RSFSR 1969. It is the only branch, in which the scientists-family law specialists have not developed their interest. Old norms cannot work effectively under new conditions, the theoretical basis for optimum legal regulation is necessary. Therefore, secondly, the theory of family law comes to the forefront. The conceptual foundation for reforms is necessary. The law shall reflect the influence of private property on specific family relations. It is necessary to designate the plurality of objects which citizens have the right to possess now. Innovations in the institute of joint property of spouses are of special interest. Such questions of secrecy as family secrecy, personal secrecy and adjacent secrets deserve special attention as kinds of information. Legal theorists research the concept of secrecy of adoption as information about the fact of adoption itself. The authors of the given article show the legal nature of secrecy of adoption as a many-sided phenomenon. They outline four characteristics of it 1) as the set of norms of a separate sector, i.e. the institute in the Russian legislation system. The norms of family, civil, labor, criminal law, social security and civil procedural law are meant. This block includes bylaws; 2) as a type of the constitutional right to information. By the general rule, it is implemented in sector specific legislation; 3) as a non-material benefit in the system of objects of civil legal relationship. Personal secrecy, family secrecy, secrecy of adoption and privacy can be referred to it; 4) as the subjective right (competence) of the adoptive parent arising after the judgment about the adoption of child comes into legal force. The question of such a characteristic of the right to secrecy of adoption in the present article is raised for the first time. As substantiation on the example of the only case tried by the Constitutional Court, the following arguments are adduced. Only adoptive parents have this right, it is of an absolute character and it is resisted by a passive legal duty of any and every person to abstain from disclosure of a secret. Primarily, according to the sense of Article 139 of the Family Code and Article 155 of the Criminal Code of the Russian Federation these are the subjects involved in a complex procedure of adoption.

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