Basic Principles of Regulation of Family Legal Relations in Ukraine and the USA: Comparative Analysis

The article notes that family law is an important component of the legal system of any state, as it regulates relations between family members, including issues of marriage, divorce, child custody, alimony and other aspects related to family relations. This work compares the family law of Ukraine and the United States, highlighting key differences and common features, as well as their impact on the practice of family relations. The article examines the foundations of family law in both countries, in particular the codes that regulate family relations. In Ukraine, family law is regulated by the Family Code, adopted in 2002, which is based on the principles of equality, justice and protection of children’s rights. In the United States, in turn, family law is more decentralized in nature, as it is regulated at the level of individual states, which leads to significant variations in legislation and practice. One of the main issues to be compared is the conclusion of marriages and the process of their dissolution. In Ukraine, marriage is concluded in the state registry offices, and for its dissolution it is necessary to go through a court procedure. In the USA, depending on the state, the process of concluding and dissolving marriages may have different procedures, including the possibility of dissolving the marriage without the presence of one of the spouses in court (the so-called “absence divorce”). Another important aspect is the issue of child custody. In Ukraine, when determining custody, the court is guided by the principle that takes into account the best interests of the child, and also establishes equal rights of the parents. In the USA, although the principle of the best interests of the child is also recognized, each state may have different approaches to determining which form of custody is the most optimal. The article also considers the issue of alimony. It is noted that in Ukraine, legislation clearly regulates the obligation of parents to support their children, while in the USA, the alimony system may vary depending on the laws of a particular state, which sometimes leads to inequality in the provision of financial support. It is concluded that family law in Ukraine and the United States demonstrates both common features and significant differences due to historical, cultural, and social factors. This comparison allows us to better understand how different legal systems respond to challenges related to family relations and what approaches are used to ensure the rights and obligations of family members. Further research can contribute to the improvement of family legislation in Ukraine, taking into account international experience and practices that demonstrate effective models of regulating family relations. Keywords: family law, family code, marriage, divorce, child custody, alimony, legal systems, family relations, legislation, judicial process, parental rights, child rights.

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Publication Details

Journal
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Published
2025-03-21
DOI
https://doi.org/10.23939/law2025.45.274
Primary Topic
Legal Studies and Reforms
Type
article
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article

Basic Principles of Regulation of Family Legal Relations in Ukraine and the USA: Comparative Analysis

Victoria Chornopyska, Арсен Нємцев
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Legal Studies and Reforms
article

Basic Principles of Regulation of Family Legal Relations in Ukraine and the USA: Comparative Analysis

Victoria Chornopyska, Арсен Нємцев
article en

Abstract

The article notes that family law is an important component of the legal system of any state, as it regulates relations between family members, including issues of marriage, divorce, child custody, alimony and other aspects related to family relations. This work compares the family law of Ukraine and the United States, highlighting key differences and common features, as well as their impact on the practice of family relations. The article examines the foundations of family law in both countries, in particular the codes that regulate family relations. In Ukraine, family law is regulated by the Family Code, adopted in 2002, which is based on the principles of equality, justice and protection of children’s rights. In the United States, in turn, family law is more decentralized in nature, as it is regulated at the level of individual states, which leads to significant variations in legislation and practice. One of the main issues to be compared is the conclusion of marriages and the process of their dissolution. In Ukraine, marriage is concluded in the state registry offices, and for its dissolution it is necessary to go through a court procedure. In the USA, depending on the state, the process of concluding and dissolving marriages may have different procedures, including the possibility of dissolving the marriage without the presence of one of the spouses in court (the so-called “absence divorce”). Another important aspect is the issue of child custody. In Ukraine, when determining custody, the court is guided by the principle that takes into account the best interests of the child, and also establishes equal rights of the parents. In the USA, although the principle of the best interests of the child is also recognized, each state may have different approaches to determining which form of custody is the most optimal. The article also considers the issue of alimony. It is noted that in Ukraine, legislation clearly regulates the obligation of parents to support their children, while in the USA, the alimony system may vary depending on the laws of a particular state, which sometimes leads to inequality in the provision of financial support. It is concluded that family law in Ukraine and the United States demonstrates both common features and significant differences due to historical, cultural, and social factors. This comparison allows us to better understand how different legal systems respond to challenges related to family relations and what approaches are used to ensure the rights and obligations of family members. Further research can contribute to the improvement of family legislation in Ukraine, taking into account international experience and practices that demonstrate effective models of regulating family relations. Keywords: family law, family code, marriage, divorce, child custody, alimony, legal systems, family relations, legislation, judicial process, parental rights, child rights.

Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni naukiVol. 12(45)
Openalex Percentile: Top 91%
Legal Studies and Reforms
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