Woman... in the Soviet Union

This article was sent to us by the Soviet press attaché in Beirut

Family law in the Soviet Union has, as its basis, principles laid down by the Constitution: "rights granted to woman equal to the rights of man in the Soviet Union, in all fields of economic, public, cultural, social, and political life..., and the protection of the interests of mother and child by the State" (Article 122).

Everything in Soviet legislation aims at consolidating the foundations of the family. The firmness and stability of the family are, for Soviet society, factors of the first order of importance. And the mother in the Soviet Union is surrounded by public regard and protected by the law.

Family relations in the land of the Soviets are built in the first degree upon love and mutual respect between husband and wife. The Soviet wife has nothing of her feeling to conceal when she marries, because love, in socialist society, is what cements marriage.

The self-interest that marks most cases of marriage in class society (such as the marriage of convenience, the pursuit of wealth, material advantages of every kind, etc.) is an impossible thing in the land of the Soviets. Here man and woman are equal in marriage, as they are equal before the law that protects marriage, family, and children.

The principle of equality between man and woman in Soviet family law finds its expression also in the fact that the two spouses may choose a common name (the husband's name or the wife's name), or may both keep the names that were theirs before marriage. Agreement is likewise reached between the spouses on fixing the family name of the children in the case where both spouses keep the names that were theirs before marriage. The husband cannot impose his will upon his wife in such circumstances. Soviet legislation has laid down the principle of the spouses' complete equality and their full independence of one another also in the choice of place of residence. And both enjoy complete freedom in the choice of their work and their profession. Questions relating to the common affairs of the household are decided by agreement between the spouses.

Soviet law, in what concerns relations between spouses and children, has regard to the interest of the children alone, according to the letter of Article 122 of the Constitution of the Soviet Union, which provides for the protection of the child's interests by the State. All measures relating to the children are taken by father and mother together. And in case of disagreement between the spouses, the matter is decided by the councils of guardianship over minors, jointly with the parents.

Both parents must watch over their minor children. They must in particular watch over their upbringing and their preparation for activity of public usefulness. Soviet family law grants no preference whatever to the father in relations between parents and children. Father and mother have, toward the children, identical rights and duties.

Equality between husband and wife, and the absence of all restrictions upon woman's rights in the administration and disposal of her personal property, are regulated by the articles of the laws of marriage, family, and guardianship relating to property. Under these articles, the property of the spouses that was theirs before marriage remains separate. A woman may dispose of her property as she pleases, without regard to her husband's will. As for property acquired during married life, it is held in common. In case of dispute, the share of each is settled through the courts, the property being divided into two equal shares; nevertheless the share of one of the spouses may be increased according to circumstances (in the case, for example, of the one who keeps the children, etc.). Things intended for the personal use of one of the spouses remain undivided.

The spouses may enter into all the relations that the law permits in what concerns property. But agreements between spouses aiming at diminishing the property rights of the wife or of the husband are null and not binding, whether with respect to a third party or with respect to the two spouses, who have the right at any time to refuse to carry them out.

Women (married or unmarried) enjoy in the Soviet Union full legal capacity and complete power of disposition. Under Article 4 of the Civil Code, civil capacity is granted to all citizens whose rights the courts have not restricted. "Neither sex nor race nor nationality nor religion nor origin has any effect upon civil capacity." And any transaction that entails for a woman any restrictions upon her civil capacity or her power of disposition is deemed void. A woman can, exactly as a man can, defend her rights before the courts.

The laws concerning marriage, family, and guardianship in the Russian Soviet Federative Republic (like the laws in the other federal republics) provide for the duty of giving material support to a spouse incapable of work, since the duties and rights of husband and wife are identical in this case. On the other hand, Soviet law contains no condition relating to divorce or remarriage of a kind that would narrow woman's rights and place her in a worse position than man's.

Marriage may be dissolved by divorce through the courts, upon the petition of one of the spouses or of both. The judicial bodies ascertain the reasons for the petition for divorce and, if no result is reached in reconciling the spouses, decide whether the petitioner's reasons are sufficient for dissolving the marriage. If the necessity of such a dissolution is affirmed, the court fixes the parents' shares in the upbringing of the children. In case of divorce the children remain, as a general rule, with the mother; for Soviet law considers the mother the lawful representative and defender of the children's interests.

And after the marriage has been dissolved, each spouse may contract a new marriage with equal rights.

Soviet legislation secures all the conditions for the unity of the Soviet family.