Проблемні аспекти правового регулювання державної реєстрації шлюбу в Україні під час воєнного стану

The article is devoted to the analysis of the norms of the Family Code of Ukraine, the Law of Ukraine «On State Registration of Acts of Civil Status,» as well as by-laws regulating the procedure for state registration of acts of civil status in Ukraine. It is noted that the actual problem is the state registration of marriage in connection with the military aggression of the Russian Federation against Ukraine. The authors note that the legislative definition of marriage in the Family Code of Ukraine allows it to be distinguished from other types of family relations, but does not reflect the main features inherent in marriage in accordance with the Constitution of Ukraine, other provisions of the Family Code of Ukraine governing marriage, and the norms of international legal acts. The general procedure for registering a marriage is enshrined in the Family Code of Ukraine and the Law of Ukraine «On State Registration of Acts of Civil Status» contains obstacles to registering a marriage for persons in connection with the consequences of hostilities. Therefore, the Cabinet of Ministers of Ukraine introduced the institution of state registration of marriage in electronic form, which initially extended to military personnel who wanted to marry, but later, due to the abolition of restrictive decisions, such an opportunity became publicly available. The analysis of the norms of the Procedure approved by CMU Resolution No. 345 and the general procedure proves the existence of differences in the legal regulation of this procedure. It is specified that the alternative procedure allows persons to register a marriage more quickly, and does not require applicants to be personally present in the premises of the department of the State Registration Service of Ukraine, since all participants join the video conference through the Diia. In the event of an unsuccessful attempt to register a marriage online, brides can choose a different date without re-performing all the actions preceding the marriage registration ceremony. The authors emphasize that an alternative procedure is necessary to ensure the right to marriage, but it needs to be improved. In particular, it was concluded that changes should be made not only by the government, but also by the parliament. Attention is focused on such problems as: lack of changes related to the introduction of marriage registration online, in the Family Code of Ukraine and the Law of Ukraine «On State Registration of Civil Status Acts»; lack of rules that allow registering marriage online to persons who have reached the age of 16 and have the right to marry, foreigners and stateless persons.