UKRAINIAN FAMILY RETROLAW, PROBLEMS AND POTENTIAL OF NATIONAL FAMILY LEGISLATION OF OUR TIME

The article is devoted to Ukrainian Family Retrolaw, problems and potential of national family legislation of our time. The definition of the concept of Family Retrolaw rules is formulated: these are typical and atypical (specialized) provisions of Family Law that the state created, sanctioned or a priori recognized as mandatory at a certain stage of historical development. The provisions of national Family Retrolaw and Family Law are considered. It is stated that during the functioning of the Family Code of Ukraine, the Constitutional Court of Ukraine interpreted the provisions of Part 1 of Article 61 of the aforementioned regulatory legal act. The aforementioned esteemed judicial authority recognized certain provisions of the Family Code of Ukraine as constitutional (Part 2 of Article 211), and others as unconstitutional (Part 4 of Article 75). It was determined that the following investigations are promising: first, to present a vision of the implementation of the right to file a lawsuit by one of the spouses after the changes made in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Improving the Mechanism for Preventing and Counteracting Domestic Violence Based on Gender” dated November 20, 2024; second, to reveal the problems and po­tential of the provisions of Part 2 of Article 111 of the Family Code of Ukraine in the context of established law enforcement practice; third, the vision of the modernized provisions of Article 118 of the Family Code of Ukraine “Resumption of Marriage in the Event of the Appearance of a Person Who Was Declared Dead or Recognized as Missing” in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine in Connection with the Adop­tion of the Law of Ukraine “On Administrative Procedure”” dated October 10, 2024; Fourthly, to ensure the best possible family and legal protection of children’s rights in Ukraine, study the systematic of legal forms of placement of orphans and children deprived of parental care in all countries of the European Union and the Organization for Economic Cooperation and Development, Great Britain, and the United States of America.

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Publication Details

Journal
Constitutional State
Published
2025-04-15
DOI
https://doi.org/10.18524/2411-2054.2025.57.325398
Primary Topic
Legal Studies and Reforms
Type
article
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article

UKRAINIAN FAMILY RETROLAW, PROBLEMS AND POTENTIAL OF NATIONAL FAMILY LEGISLATION OF OUR TIME

V. M. Cherneha
Constitutional State
Legal Studies and Reforms
article

UKRAINIAN FAMILY RETROLAW, PROBLEMS AND POTENTIAL OF NATIONAL FAMILY LEGISLATION OF OUR TIME

V. M. Cherneha
article en

Abstract

The article is devoted to Ukrainian Family Retrolaw, problems and potential of national family legislation of our time. The definition of the concept of Family Retrolaw rules is formulated: these are typical and atypical (specialized) provisions of Family Law that the state created, sanctioned or a priori recognized as mandatory at a certain stage of historical development. The provisions of national Family Retrolaw and Family Law are considered. It is stated that during the functioning of the Family Code of Ukraine, the Constitutional Court of Ukraine interpreted the provisions of Part 1 of Article 61 of the aforementioned regulatory legal act. The aforementioned esteemed judicial authority recognized certain provisions of the Family Code of Ukraine as constitutional (Part 2 of Article 211), and others as unconstitutional (Part 4 of Article 75). It was determined that the following investigations are promising: first, to present a vision of the implementation of the right to file a lawsuit by one of the spouses after the changes made in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Improving the Mechanism for Preventing and Counteracting Domestic Violence Based on Gender” dated November 20, 2024; second, to reveal the problems and po­tential of the provisions of Part 2 of Article 111 of the Family Code of Ukraine in the context of established law enforcement practice; third, the vision of the modernized provisions of Article 118 of the Family Code of Ukraine “Resumption of Marriage in the Event of the Appearance of a Person Who Was Declared Dead or Recognized as Missing” in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine in Connection with the Adop­tion of the Law of Ukraine “On Administrative Procedure”” dated October 10, 2024; Fourthly, to ensure the best possible family and legal protection of children’s rights in Ukraine, study the systematic of legal forms of placement of orphans and children deprived of parental care in all countries of the European Union and the Organization for Economic Cooperation and Development, Great Britain, and the United States of America.

Constitutional State(57)
Openalex Percentile: Top 90%
Legal Studies and Reforms
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