scholarly journals Development of Legal Regulation of Actual Marriage Relations under Family Law Operated in Ukraine in the X–XXI centuries

2020 ◽  
pp. 190-199
Author(s):  
Valentyn LUCHKOVSKYI
Keyword(s):  
Legal Status ◽  
18Th Century ◽  
Family Law ◽  
Legal Regulation ◽  
Scientific Article ◽  
Marital Relations ◽  
Black Sea Region ◽  
Parents And Children ◽  
Short Period ◽  
Legal Consequences

The scientific article investigates the historical aspects of the development of legislation that operated on the Ukrainian lands regarding the legal regulation of actual marital relations. In particular, the author determined that in Ukraine the legal regulation of actual marital relations took place already during the existence of the Greek cities-states of the Northern Black Sea region according to the norms of Roman law (institute of concubinage). From the 9th to the 20th centuries Ukrainian lands were part of different states, i.e. Kievan Rus, Russian principalities, Kingdom of Rus, Grand Duchy of Lithuania, Kingdom of Poland, Polish-Lithuanian Commonwealth, Ukrainian Hetman state, Tsardom of Russia, Russian and Austro-Hungarian empires. Before 1917 attitude of the state in the issue of legal regulation of actual marriage relations and the legal consequences of actual marriage did not change significantly; such relations did not generate legal consequences of marriage. Legislation recognized exclusively church marriage as the sole basis for the emergence of the rights and obligations of spouses, parents and children. Only at the end of the 18th century the rights and obligations of children born in marriage and out of wedlock were partially equal as for the right to upbringing and support. Due to the changes in family law in 1917–1926 there was a replacement of church marriage into the marriage registered by the civil registration authorities as the sole basis for the emergence of the rights and obligations of the spouses. This replacement led to the partial recognition of actual marital relations (in part rights and obligations of the spouses) and the final separation of the legal status of parents and children from the presence of a registered marriage between the parents of the child (except for a short period from 1944 to 1969). Adoption of the current Family Code of Ukraine has led to the recognition of a number of legal consequences in the property and personal non-property sphere by virtue of actual marital relations, in particular as to the commonality of the property acquired in these relations, the possibility to regulate the legal regime of the property by contract, as well as the alimony and adoption rights.

scholarly journals A New Vision of Subjects of Family Legal Relations

2020 ◽  
pp. 98-116
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Detailed Analysis ◽  
Legal Status ◽  
Family Law ◽  
Legal Regulation ◽  
The Body ◽  
Single Individual ◽  
Legal Personality ◽  
The Family ◽  
Family Code ◽  
Legal Consequences

The article examines the features of subjects of family law. As a result of the analysis, the conclusion that family legal relations can arise exclusively between individuals was further confirmed. Various proposals of scientists to expand the range of participants in family legal relations were analyzed, in particular, by including a surrogate mother there. It has been established that the Family Code of Ukraine regulates legal relations with the participation of such entities, which do not directly apply to participants in family legal relations. Among them it is possible to call the actual tutors and pupils, the actual spouses, the former spouses, the guardian, the tutor, other subjects where the orphan children and children deprived of parental guardianship are placed. The rationale for establishing in the Family Code a circle of persons whose relations are not regulated by the Code, but are governed by moral and ethical standards, is justified. The study of the subject of family law departs from the traditional doctrinal approach, according to which he is analyzed from the point of view of his legal capacity. At the same time, emphasis is placed on the person of the individual, and in fairly atypical cases. In this regard, a special detailed analysis of the following situations (phenomena) has been carried out: the sex of an individual and the change (correction) of gender; the problem of determining the number of natural persons (if they are twins) and the specificity of their participation in family legal relations; the possibility of recognizing a single individual as a subject of family law; the legal status of the deceased person subject to cryopreservation and the prospect of his legal status. It is established that it is for family law that the sex of an individual (female or male) is very important. Accordingly, the change in gender has very serious consequences for the participants in this relationship. It is justified that their lack of adequate legal regulation is a negative phenomenon. It is proposed to provide in the legislation with a provision according to which changing the sex of one of the spouses is the reason for the termination of the marriage. It has been established that a single person cannot be considered a subject of family legal relations. A detailed analysis of the existing experience of the life of Siamese (united) twins allows us to summarize that there are no and apparently cannot be unified approaches to recognizing their legal personality. Certain problematic issues of marriage and parental legal relations of Siamese twins are considered. A general analysis of the current situation regarding the capabilities of cryonics to preserve the human body (its parts) has been carried out. It has been established that these relationships are gaining popularity, which requires the search for solutions to the legal consequences of thawing such persons, including family legal consequences. During the preparation of the article, the experience of foreign countries and historical experience in the field of family and other related legal relations were actively investigated. Keywords: individual, subject (participant) of family legal relations, change (correction) of a person’s gender, legal personality of Siamese (united twins), a single individual, cryopreservation of the body (brain) of an individual.

scholarly journals Evolution of Legislation on Liability for Failure to the Obligation to Provide Support in Family Law of Ukraine

2020 ◽  
pp. 169-181
Author(s):  
Anatolii BURIACHENKO
Keyword(s):  
Parental Support ◽  
Family Law ◽  
Family Members ◽  
Legal Regulation ◽  
Russian Empire ◽  
Civil Code ◽  
Soviet Period ◽  
Scientific Article ◽  
Parents And Children ◽  
The Russian Empire

In the scientific article the author investigates the historical aspects of the evolution of legislation that operated in the Ukrainian lands on liability for failure to the obligation to provide support for family members, including spouses, parents, and children. In particular, it has been analyzed the content of the basic acts of family law operated in the period from Kievan Rus to independent Ukraine, such as ‘Russkaya Pravda’(‘Russian Truth’), Lithuanian Statutes of 1529, 1566, 1588, the draft codification of family law ‘Rights under which the Maloros People Are Judged’ , Code of Laws of the Russian Empire, the Galician Civil Code, the Austrian Civil Code, the first decrees of the Council of People’s Commissars of the Ukrainian SSR regulating family legal relationships, as well as the Codes of 1919, 1926, 1969 and 2002 (taking into account the changes made in 2017-2018). Based on the analysis, the author determined that the issue of liability for obligation to provide support in Ukraine received proper legal regulation only with the adoption of the current Family Code of Ukraine in 2002. The first monuments of Ukrainian law, such as ‘Russkaya Pravda’(‘Russian Truth’) and Lithuanian Statutes, unfortunately did not contain rules regulating alimony relationships between spouses, parents and children, as well as other family members. The following acts of Family Law that were in force in the Ukrainian lands defined the alimony obligations of spouses, parents and children, but did not provide for liability for their violation. The exceptions were the norms of the Galician Civil Code, which provided for the liability of the father for the non-recognition of his illegitimate child and the non-payment of amounts on the child’s support in two-, three- four times the size of amount, as well as the rules of criminal legislation of the Russian Empire and the Soviet period for determining the liability for malicious evasion of alimony payments. Unfortunately, the existing regulatory framework regulates in detail only the issue of liability for the non-fulfillment of parental support obligations in relation to children. Failure to perform other alimony duties, unfortunately, did not receive such a reaction from the state (the only exception is the malicious evasion of payment established by court decision for the maintenance of disabled parents, which is a crime).

ORGANIZATIONAL AND LEGAL ASPECTS OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING IN INSTITUTIONS OF THE PENAL SYSTEM

2021 ◽  
pp. 20-24
Author(s):  
Екатерина Викторовна Глебова
Keyword(s):  
Vocational Education ◽  
Russian Federation ◽  
Legal Status ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Educational Process ◽  
Vocational Education And Training ◽  
Scientific Article ◽  
The Russian Federation

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.

Cohabitation in the Slovak Republic: Myth or Reality?

2021 ◽  
Author(s):  
Lilla Garayová
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Slovak Republic ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Order ◽  
Marriage And Family ◽  
Central European ◽  
Traditional Marriage ◽  
Legal Consequences

The following article deals with the issue of cohabitation in the Slovak Republic. An institute, that while does not formally exist in Slovak legal order, still has certain legal consequences. Slovak family law is facing a comprehensive transformation, so it is expected, that many of the issues outlined in the submitted article will be properly dealt with in the expected recodification of Slovak civil law, that will include family law as well. As far as the current legal framework however, it leaves much to be desired. There is no legal institute which would be an alternative to traditional marriage, nor an institute which would comprehensively cover the legal status, rights and duties of cohabitants. This is due to the traditional nature of Slovak family law, the way the institute of marriage and family are dealt with in our legal order. While a comprehensive legal framework of cohabitation is missing, it cannot be said that the Slovak legislation ignores cohabitation – there are many legal consequences in various fields of law that relate to the rights of cohabitants. The article highlights the gaps in these areas as well as potential opportunities for future legislation. The research was carried out within the framework of the Central European Professors’ Network coordinated by the Ferenc Mádl Institute of Comparative Law.

Cryptocurrency as an object of tax law: practice of political application and legal regulation

2020 ◽  
pp. 24-30
Author(s):  
Dmytro Kobylnik ◽  
Anton Burchak
Keyword(s):  
Legal Status ◽  
Value Added ◽  
Legal Regulation ◽  
Control Measures ◽  
Tax Law ◽  
Scientific Article ◽  
Main Body ◽  
Foreign Experience ◽  
Tax Legislation ◽  
Legal Nature

Problem setting. The work is devoted to the study of the legal status of cryptocurrency as an object of taxation. The legal status of cryptocurrency in legal relations between tax authorities and individuals or legal entities is an urgent problem, since there is only a small number of works on this issue. Of particular note is the study of international experience in taxation of cryptocurrency transactions, as well as an analysis of the most relevant proposals for amending national legislation in order to establish the legal status of cryptocurrency and transactions related to cryptocurrency as an object of tax legal relations. Analysis of recent researches and publications. Despite the great relevance of this topic, in the modern science of tax law there are no fundamental scientific works and studies on the problems of taxation of cryptocurrency and cryptocurrency transactions. Target of research. The purpose of the scientific article is to conduct research on the legal nature of cryptocurrency, as well as the disclosure of theoretical, practical problems and features of legal regulation of cryptocurrency and operations related to the use of cryptocurrency in modern tax law. Article’s main body. The article deals with the legal nature of transactions connected with the use of the cryptocurrency as an object of tax relations. The issues of the possibility of attributing income, as well as profits from cryptocurrency transactions to the objects of taxation of personal income tax, profit tax, and value-added tax, are disclosed in accordance with the current tax legislation. The following conclusions have been drawn: it is impossible to impose the relevant taxes on income and profits from transactions with the cryptocurrency; there is a conflict in the current legislation, according to which the proceeds from transactions with cryptocurrency may be subject to the Law ‘On Prevention and Counteraction to Legalization (Laundering) of the Proceeds from Crime or Terrorism Financing, as Well as Financing Proliferation of Weapons of Mass Destruction’ In addition, foreign experience of legal regulation of transactions with cryptocurrency in tax legislation in such economically developed countries as the USA, Great Britain, Canada, Germany, Switzerland, etc. has been analyzed. It has been established that nowadays, in world practice, there is no unambiguous approach to the tax regulation and taxation of cryptocurrency transactions. So, in some countries, the income from operations with cryptocurrency is taxable, while in others cryptocurrency transactions do not belong to objects of taxation. Conclusions and prospects for the development. As a result, the author presents her own proposals on amending the tax legislation aimed at determining the legal status of cryptocurrency transactions in tax law. The article is devoted to the legal nature of transactions related to the use of cryptocurrency as an object of tax relations. Foreign experience of taxation of operations with the cryptocurrency is analyzed. The author considers current proposals for amending the tax legislation of Ukraine, who’s the purpose of which is to determine the legal status and control measures for compliance with tax legislation in the implementation of cryptocurrency transactions in tax law.

scholarly journals The Evolution of the Legal Regulation of the Separate Living of Spouses under Family Law on Ukrainian Lands

2020 ◽  
pp. 200-206
Author(s):  
Oleh OKSANIUK
Keyword(s):  
Catholic Church ◽  
Family Law ◽  
Roman Catholic ◽  
Legal Regulation ◽  
Civil Code ◽  
Roman Catholic Church ◽  
Scientific Article ◽  
Legal Regime ◽  
Current Form ◽  
Judicial Procedure

The scientific article investigates the historical aspects of the evolution of legislation on the issues of legal regulation of the separate living of spouses that acted in the Ukrainian lands. In particular, on the basis of a study of the main acts of family law that operated in the Ukrainian lands, the author came to the conclusion that in Ukraine for a long time the legal regime of separate living of spouses existed as an alternative to the termination of marriage in accordance with the canonical norms of the Roman Catholic Church, which did not allow the termination of marriage for any reason other than the death of one of the spouses. This legal institute (called ‘weaning from the table and the lodge’) was introduced in 1563 and generally preserved in Ukraine until 1917 for the spouses of Roman Catholic creed. For the first time at the level of secular family legislation, which operated in the Ukrainian lands, the regulation of the institution of marriage separation was carried out by the Galician Civil Code of 1797. The mentioned legal regime was also mentioned by the Austrian Civil Code and the Code of Laws of the Russian Empire, the drafts of the Collection of the Little Russian Rights and the Code of Local Laws of the Western Provinces, but also in the aspect of ‘weaving from the table and lodge’ of Roman Catholic couples. At the same time, the acts of family law of Austria-Hungary provided for a judicial procedure for establishing the regime of separate living of spouses. In its current form, this legal regime was introduced in 1914 for spouses in cases where cohabitation is intolerable due to ill-treatment, abuse, dishonest behaviour, contagious or mental illness. Subsequently, the 1917 marriage decree and the 1919, 1926, and 1969 family codes, adopted during the Ukrainian SSR, did not contain rules on the separation of spouses when regulating divorce. On the other hand, the fact of spousal living was taken into account by the courts during the separation of their property. Subsequently, the institution of marriage separation was returned to the Family law of Ukraine only after the adoption of the current Family Code of Ukraine.

Parental legal authority to determine and change the name, patronymic and surname of children: continuity of approaches in the Soviet and Russian legal systems

2021 ◽  
Vol 2021 (1) ◽  
pp. 78-87
Author(s):  
Nataliya Burdanova
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Family Law ◽  
Parental Authority ◽  
Legal Authority ◽  
Russian History ◽  
Judicial Practice ◽  
Parents And Children ◽  
Legal Situation ◽  
History Of

Using the example of parental powers to determine and change the name, patronymic and surname of children, the article examines the regularity of the formation and development of the institution of personal non-property rights and responsibilities of parents in Russia. The author describes the legal situation of parents and children established in the monarchic period of Russian history by 1917. Issues such as the prerequisites for the establishment of the legal institution of the branch of family law in the Soviet legal system and the nature and causes of changes in the legal status of children depending on the legality of birth have been raised. The rights and duties of parents, differences in the legal status of men and women, and the influence of marital status and other circumstances were considered. The main sources of the study were normative legal acts and judicial practice of the Soviet and Russian periods of the history of the national state and law. The study concluded that a comprehensive approach had been developed in Soviet family law to regulate parental authority to determine and change the children’s first name, patronymic and surname. The modern Russian legal system has adopted rules establishing parental authority to determine and change the children’s first name, patronymic and surname of the Soviet legal system.

scholarly journals Specifics of Legal Regulation of Property Relations of Minor Family Members

2021 ◽  
Vol 2021 (2) ◽  
pp. 165-173
Author(s):  
Svetlana Voronina
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Property Relations ◽  
Parents And Children ◽  
The Family ◽  
Organizational Relations ◽  
Private And Public

he present research considered the property rights of minors by comparing civil and family legislation. The article covers various matters of separate ownership of parents and children, property management, and the behavior of parents, as well as sectoral and inter-sectoral legal relations as a whole based on family relations. The research was based on normative legal acts, scientific publications, and precedents. Family law regulates the property relations between parents and children regarding the maintenance and personal belongings. Any other property rights of minors fixed by the Family Code go beyond the limits of family law and are part of civil law. The basis of civil property relations of minors is the family relations. Therefore, they have to take into account social and legal relations between parents and children. A prerequisite for the emergence and implementation of property relations is the organizational relations that arise between the subjects of private and public law. Authorization by the guardianship authority ensures the protection of the property rights and interests of children. The regulation of property relations involving minors and their legal representatives is subject to inter-sectoral and inter-subject interaction, which must be taken into account when implementing the rights of minors and protecting them.

scholarly journals Operational-Investigative Activities of Judicial Authorization: Features of Performance

2021 ◽  
Vol 108 ◽  
pp. 03009
Author(s):  
Ahmed Guseinovich Ahmedov ◽  
Taylan Osmanovic Boziev ◽  
Nikolay Kazimirovich Pcholovsky ◽  
Luis Alomar Ocampo Cardenas
Keyword(s):  
Legal Status ◽  
Methodological Approach ◽  
Legal Regulation ◽  
Scientific Article ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Federal Law ◽  
Historical Method ◽  
Advantages And Disadvantages ◽  
European Court

The scientific article is devoted to the study of issues related to the peculiarities of performing operational-investigative activities of judicial authorization enshrined in the Federal Law “On operational-investigative activities” The questions of performing operational-investigative activities and the restrictions on the constitutional rights of citizens, connected with them, are raised. Performing operational-investigative activities, requiring judicial authorization, is impossible without clear knowledge and understanding of not only the Federal Law “On operational-investigative activities” but also the decisions of both the Constitutional Court and the European Court of Human Rights. Understanding these documents makes it possible to competently and fully, in compliance with all the requirements of the law, draw up the necessary documents to obtain the permission of a court, competently and clearly determine which activity should be conducted in each case, taking into account the technical and other features of both the activity itself and the allocated funds. Purpose: to conduct a scientific study of operational-investigative activities of judicial authorization; to analyze the legislation governing the specifics of performing these activities, the powers of the subjects of operationalinvestigative activities when performing the considered activities. As the methods and methodology of conducting the work, formal-logical and dialectical methods, sociological, and historical methods were used. The scientific article is based on a sociological, theoretical, and historical method, on a set of techniques for understanding the legal status of an official, the theory of authorities, and a comparative analysis of legislative norms. The main methodological approach used in the scientific article is the theory of operational-investigative legislation, developed in the works of Russian lawyers. Main results: the study made it possible to identify the advantages and disadvantages of the regulatory framework governing the specifics of conducting operational-investigative activities requiring judicial authorization, as well as significant errors in law enforcement practice. Conclusions and substantiation of the novelty of the work: based on the analysis of the Federal Law “On operational-investigative activities”, insufficient legal elaboration of the legal regulation of operationalinvestigative activities of judicial authorization is substantiated. The ways of solving the existing problems are proposed, including by amending the current legislation on operational-investigative activities.

Legal Specifics of Bankruptcy Proceedings of Insurers in Ukraine

2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Nino B. Patsuriia ◽  
Valeria V. Radzyviliuk ◽  
Nataliіa V. Fedorchenko ◽  
Ivan R. Kalaur ◽  
Mikhail I. Bazhenov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Insurance Companies ◽  
Bankruptcy Law ◽  
Insurance Company ◽  
Insurance Contracts ◽  
The Law ◽  
Legal Consequences

Abstract Many countries adopted legal regulation of insolvency problems of insurers and rules for bankruptcy proceedings (insolvency) to mitigate and prevent consequences of bankruptcy and preserve the assets of insurance companies. To a certain extent, Ukraine follows the similar track. The authors describe the specifics of bankruptcy proceedings, defined by the laws of Ukraine on bankruptcy, and “complicated” by the legal status of the insurance company. On the basis of the analysis, the authors put forward a proposal to modernize bankruptcy law as part of the legal regulation of bankruptcy of insurers-debtors (bankrupts). It is established that the Law of Ukraine of 1992 provides for the possibility of applying a procedure of sanation to the insurers. The authors state that the specific legal consequences of the liquidation procedure and the recognition of a debtor as a bankrupt include the termination of all insurance contracts and sale of property. It has been established that the incoherence of bankruptcy laws of different countries is explained by different approaches to legal regulation.

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