ACQUISITION OF THE TEMPORARY PROTECTION STATUS AS A FOREIGN ELEMENT IN FAMILY LEGAL RELATIONS

Background. The present article is devoted to the analysis of the impact of the acquisition of the status of a person with temporary protection by Ukrainian citizens on the regulation of family legal relations. In the context of mass displacement of Ukrainian citizens as a result of the armed aggression of the Russian Federation against Ukraine, the question of whether the acquisition of such status creates a foreign element in family legal relations arising between Ukrainian citizens is becoming more relevant. The present study aims to ascertain whether the acquisition of the status of a person with temporary protection constitutes a legal fact with the potential to modify the legal framework governing family relations, particularly with respect to the formalisation of marriage contracts and the determination of applicable law. Methods. The present article employs a range of analytical methods, including dialectical, systemic and structural analysis, as well as a comparative legal approach, formal legal methods, and the interpretation of legal provisions. It also utilises the empirical method to analyse case law. Results. The results of the study demonstrate that the acquisition of temporary protection by one of the spouses can be regarded as a legal act. This is due to the fact that the performance of such actions by a person is intended to establish or modify specific legal relations. This is considered to be a conscious and wilful act that is aimed at achieving a particular legal outcome. The act of petitioning for temporary protection from the relevant authorities of the host state signifies the presence of volition and constitutes a legally significant act aimed at achieving a particular legal outcome. Consequently, the acquisition of temporary protection by an individual in a foreign nation can be ascribed to legal facts that, firstly, give rise to legal relations and, secondly, modify existing legal relations. Conclusions. The acquisition of the status of a person with temporary protection by a citizen of Ukraine indicates the occurrence of a legal fact that creates, changes or terminates legal relations, and such a fact takes place on the territory of a foreign state. The legal relations of spouses, one of whom remains resident in Ukraine and the other is granted temporary protection status, are complicated by a foreign element within the meaning of the Law of Ukraine 'On Private International Law'. This results in the application of private international law in terms of the choice of law applicable to private law relations with a foreign element.