SUMMARY

Yavor O. A. Legal facts in family law of Ukraine. - Manuscript.

The dissertation for the scientific degree of Doctor of Science of Law on specialty 12.00.03 - Civil Law and Civil Process; Family Law; International Private Law.

The dissertation is devoted to the general characteristics of legal facts in family law and includes the study of the history of the development of the very idea of legal facts, the disclosure of their application value, concepts and approaches to the classification of legal facts.

The author formulated a generalized definition of legal facts in the family law under which proposed to understand social phenomena such as the legal nature of the act, event, condition, etc. which are the basis of occurrence, change and termination of relationships, within which are implemented moral and economic rights and obligations attack other legal consequences from individuals linked by marriage, blood relationship, living together and the way of life, adoption, that is legal constraints.

The author substantiates the conclusion that when establishing legal facts in the family and legal sphere, the limits of the state impact on the relations developing in the family should be taken into account, and also the balance in the regulation of general legal relations and private family relations of a personal nature that should not be regulated by law or should subject to minimum regulatory effects.

The author proceeds from the fact that the main way to establish legal facts in family law is to fix them (by direct indication) or to recognize (by defining the sphere of freedom in which the parties to the relationship can independently determine the grounds for the appearance, change or termination of the corresponding type of relationship) in positive law.

General characteristics of defective legal facts and actual compositions in the family law of Ukraine are given. The main tendencies of the development of the family law of Ukraine in the light of the theory of legal facts are revealed, in particular, the influence of the case law of the European Court of Human Rights on determining the range of legal facts in the family and legal sphere of relations is disclosed, and the role of scientific and technical progress and European integration processes is clarified.

It is proved that acts of a civil status of a family-legal nature establish a family and civil status at the same time, indicate the marital status, establish the name, patronymic, surname of the person, sex, establish the affinity, etc., which are confirmed by the documents of the organs registration of acts of civil status and are primary for the system of state control and supervision, on the basis of which the issuance of a citizen's passport, various certificates, registration of his rights, perform identification, individualizing nktsiyu;

The conclusion is based on the fact that acts of civil status for participants in family relationships have a complex legal nature, because they can be considered: as legal facts - events or actions that affect the emergence, change or termination of rights and obligations; characterize relations regarding the legal status of individuals as administrative acts of a public authority; confirm the registration of the facts; as a material carrier of information about actions and events that are subject to mandatory inclusion in the State Register of Acts of Civil Status of Citizens and the Unified State Population Register;

The definition of the term "civil state" is formulated, which refers to a legal fact that contains a set of different characteristics of a person, establishes them and is an element of the law-creating composition in relation to civil, family, other legal consequences both private law and public character, and eventually provides the person with the appropriate socially recognized family status;

The article substantiates the provision according to which the main way of establishing legal facts in family law is to fix them by direct indication or recognition by defining the sphere of freedom in which the parties of family relations can independently determine the grounds for the emergence, change or termination of the corresponding type of relationship.

Characteristics of "family" agreements as legal facts of family law, which entail the emergence, change or termination of legal relations between the parties who are subjects of family law, having their subject matter family personal property and property relations, in particular between spouses, between parents and children, adopters and adopters, between mother and father of the child with respect to her upbringing, development and maintenance, as well as between grandmother, grandfather, grandfather and grandchildren, grandchildren, siblings, stepmother, stepfather and stepfather bitch, stepchild and other family members.

The classification of facts-states is proposed by dividing them into the following main groups depending on the role of their state registration on: a) facts-states that arise only after their state registration or the jurisdictional method of establishing a legal act of a specially authorized body what presupposes their existence until it will be another (invalid marriage) is established; b) facts-states, the presence of which is fixed by the court (joint residence of a woman and a man without registration of marriage); d) facts that do not require the appointment by the competent authority of a specially defined procedure, if there is no dispute as to their existence or the legal consequences which they have to bear (the need for retention or vice versa); d) facts-states that arise automatically on the basis of other facts;

The influence of the case law of the European Court of Human Rights on the definition of the range of legal facts in the family-legal sphere of relations is revealed, in particular, in the following legal positions: 1) the establishment of a negative obligation of the state to not interfere with the sphere of family life of a person, except for a limited number of cases when such an intervention is aimed at achieving a legitimate aim, is provided by law and the scope of interference is commensurate with the purpose with which it is carried out (prohibition of arbitrary interference of the state); 2) outlining the positive obligations of the state in situations where state interference is necessary for the effective maintenance of respect for private or family life; 3) the provision that the private choice of women regarding the planning and composition of their families should not depend on the discretion of health professionals or institutions that determine the distribution of health care resources or seek to promote the rules for articles based on religious or cultural ideologies through denial of available diagnostic services in order to prevent the commission of actions not approved by them, etc.; 4) in family disputes that affect the interests of children, the interests of the child have priority over the interests of parents; children born in marriage and children born out of wedlock are equal in their rights; any restriction imposed on personal communication between parents and children must be based on due process and valid reasons put forward to protect the interests of the child and to further family reunification; the transfer of a child under public welfare should be temporary, such an event can’t be sanctioned without prior consideration of possible alternative measures and should be assessed in the context of the State's positive obligation to take careful and consistent measures to promote the reunification of children with their biological parents.

The scientific positions, conclusions, practical proposals that are formulated in the dissertation can be used: in the research area — for further study of the features of legal facts and their individual types in family law; in law-making activity - as a theoretical material in the elaboration and adoption of laws and other normative-legal regulations in the field of family-legal relations, to improve the provisions of the current family law of Ukraine; law enforcement sphere — in generalizing judicial practice, providing recommendations on the application of legislation, to improve the main areas of court activity and other state bodies empowered to resolve issues of family law regulation.

Keywords: legal fact, family law, legal action, legal event, legal regime, defective legal facts.

The list of scientific papers published by the author:

Personal Monograph:

1. Yavor O. A. Legal facts in the family law of Ukraine: established approaches and new trends: monograph. Kharkiv: Law, 2016. 351 p.

Articles in scientific professional editions of Ukraine:

2. Yavor O. A. To the problem of personal non-property laws of the child. Bulletin of the Khmelnitsky Institute of Regional Management and Law. 2004. № 4. P. 68-74.

3. Yavor O. A. Legal Aspects of Surrogate Maternity. University Scientific Notes. 2012. № 4. P. 127-133.

4. Yavor O. A. General principles of regulation of family relations: traditional and modern approaches. Bulletin of the Academy of Advocacy of Ukraine. 2012. Part 3. P. 258-261.

5. Yavor O. A. Legal facts in family law: tendencies of the case law of the European Court of Human Laws [Electronic resource]. Scientific special electronic edition “Comparative and analytical law”. 2014.

6. Yavor O. A. The actual composition in the regulation of family-legal relations [Electronic resource]. Law scientific electronic journal. 2014. № 5. P.47­50. URL : http://lsej.org.ua/5_2014/13.pdf.

7. Yavor O. A. Legal facts in family law as an indicator of the boundary of legal regulation. Scientific Bulletin of the International Humanitarian University.

2014. № 10-1. P. 237-240. Seriya “Jurisprudence”.

8. Yavor O. A. Invalid marriage as a defective legal fact [Electronic resource]. Scientific special electronic edition “Comparative and analytical law”.

2014. № 6. P. 116-119. URL : http://www.pap.in.ua/6_2014/36pdf.

9. Yavor O. A. Defective Legal Facts in Family. Law Bulletin of the Zaporizhzhya National University. Law Sciences. 2014. № 4. P. 82-89.

10. Yavor O. A. The contract as a legal fact in family law. Bulletin of the National Academy of Legal Sciences of Ukraine. 2014. № 4. P. 123-132.

11. Yavor O. A. Types of legal facts: analysis of family law of Ukraine. Scientific Bulletin of Kherson State University.. Series “Legal Sciences”. 2014. № 6-2. P. 85-88.

12. Yavor O. A. Acts as a subject of legal regulation in family law. Scientific Bulletin of the International Humanitarian University. Series: Jurisprudence. Odesa, 2015. Voice over. 13, v. 2. P. 12-15.

13. Yavor O. A. Legal Acts in the Family Law of Ukraine. Law and Society.

2015. № 5-2, part 3. P. 101-107.

14. Yavor O. A. The event as a legal fact in the family law of Ukraine. Scientific reporter of Uzhgorod National University. 2015. № 31, v. 2. P. 31-35. Series: Law.

15. Yavor O. A. The Legal and Actual Role of Fictions in the Regulation of Family Relations. Scientific reporter of Uzhgorod National University. 2015. № 32, part 2. P. 97-101. Series: Law.

16. Yavor O. A. Adaptation of family law of Ukraine to the standards of European legal space: importance for the theory of legal facts. Scientific reporter of Uzhgorod National University.

17. Yavor O. A. Refusal to enter into marriage as a legal fact. Comparative

and analytical law. 2015. № 3. P. 106-108. URL :

http://www.pap.in.ua/3_2015/36pdf.

18. Yavor O. A. Acts as Legally Important Circumstances in the Family- Legal Field of Public Relations. Scientific Bulletin of the Kherson State University.

2016. Voice over 1. Volume 2. P. 41-45. Series “Legal Sciences”.

Articles in scientific periodic editions of the foreign countries and the publications included in the international scientific-mathematical bases::

19. Yavor O. A. Legal facts in the family law in the light of their general theoretical characteristics [Electron resource]. Legea si Viata. 2014. №.10-2. P. 210-214.

20. Yavor O. Defective legal facts in family law: concept and types. Legea si Viata. 2015. № 2/2. Р. 117-120.

21. Yavor O. The types of legal facts in family law. Legea si Viata. 2015. № 8/2. P. 116-119.

22. Yavor O. A. State registration of legal facts in family law: problems of theory and practice. European political and law discourse. 2015. Volume 2 - issue 4. 372 p. P. 328-333.

23. Yavor O. A. Legal facts in family law: the significance of official recognition and confirmation by the state. Legea si Viata. 2015. № 9/2. P. 105-108.

24. Yavor O. A. Category of legal facts in family law: theoretical and practical value. The Law of Ukraine. Whip 3. 2016. P. 229-235.

Published theses and other publications which represent the scientific results of dissertation additionally:

25. Yavor O. A. Problem issues in relations with surrogate motherhood. Modern issues of civilization: materials of the “round table ” devoted to the memory of Professor Ch.N. Azimov (Kharkiv, December 20, 2013 р.). Kharkiv: NLU them. Yaroslav the Wise, 2014. P. 56-61.

26. Yavor O. A. Dynamics of understanding of “family life” in the practice of the European Court of Human Laws. Legal protection of effective implementation of decisions and application of the practice of the European Court of Human Laws: materials of the Third International. science-practice conf. (Odessa, September 19-20, 2014). Odessa: PE “Phoenix”, 2014. P. 203-209.

27. Yavor O. A. The family-legal sphere of public relations: the boundaries of state intervention. Laws and freedoms of man and citizen: the mechanism of their realization and protection by various branches of law (Bratislava, Slovak Republic, 19-20 September, 2014): Materials of the International science-practice conference Bratislava, 2014. P. 41-45.

28. Yavor O. A. The Dispositive Principles of Family Law Regulation: The Role in Determining Legal Facts. Legal Reforms in Moldova, Ukraine and Georgia in the Context of Eurointegration Processes: materials International. scientific-practical conference. (Chisinau, Republic of Moldova, 7-8 November, 2014). Chisinau: 2014. Ch. 2. P. 70-72.

29. Yavor O. A. Types of factual syllables in family law. Laws and duties of a person in the modern world: materials of the International. science-practice conference. (Odessa, November 14-15, 2014). Odessa: NGO “Black Sea Fund of Law”, 2014. P. 6-9.

30. Yavor O. A. The role of the contract in regulating family relationships. Modern issues of civil law and process: materials of the round table, assignment. memory of professor Ch.N. Azimov (Kharkiv, December 19, 2014). Kharkiv: NLU them. Yaroslav the Wise, 2014. P. 60-64.

31. Yavor O. A. Facts-events in the family law of Ukraine. Priority directions of the development of the legal system of Ukraine: materials International. science-practice conference. (Lviv, January 30-31, 2015). Lviv: West Ukrainian Center “Center of Legal Initiatives”, 2015. P. 62-64.

32. Yavor O. A. The Role of Legal Fictions in the Regulation of Family Relations. Actual Problems of Private Law: materials of the International Scientific and Practical Conference, dedicating 93th anniversary of birthday V. P. Maslov (Kharkiv, February 27, 2015). NLU them. Yaroslav the Wise. Kharkiv: Law, 2015. P. 209-213.

33. Yavor O. A. Treaty in the regulation of family-legal relations: general characteristic. Legal principles of guaranteeing and protecting the laws and freedoms of man and citizen: a collection of abstracts of scientific reports and reports of the third international scientific and practical conference (Poltava, May 22, 2015). Poltava: Human Laws Publishing LLC, 2015. P. 59-62.

34. Yavor O. A. Legal Facts in Family Law: The Theoretical and Applied Aspect. Legal Facts in the System of Legal Regulation: materials VI international scientific and practical conference of the blessed doctor to the 145th anniversary of acad. S. S. Dnistryansky, Institute of State and Law of them. V. Koretsky National Academy of Sciences of Ukraine. (Kyiv, November 26, 2015). K.: “Dakar”, 2015. 630 p. P. 601-606.

35. Yavor O. A. Blood kinship as one of the grounds for the emergence of subjective laws and duties of parents and children. Problems of improvement of private law mechanisms for the acquisition, transfer, realization and protection of subjective civil laws: round table materials, assignment the memory of Professor Ch. N. Azimov (Kharkiv, December 18, 2015). NLU them. Yaroslav the Wise. Kharkiv, 2016. P. 112-115.

36. Yavor O. A. Features of state registration of legal facts in family law Actual problems of private law: materials International science-practice conference., assignment 94 years since day doc. lawyer Sciences, prof. V. P. Maslov (Kharkiv, February 19, 2016). NLU them. Yaroslav the Wise. Kharkiv: Law, 2016. P. 200-203.

37. Yavor O. A. The Value of State Registration of Legal Facts in Family Law. Transcarpathian Legal Readings: materials VIII International science­practice conference. (Uzhhorod, April 21-23, 2016) / UzhNU. Uzhgorod: PP “AUTDOR-SHARK”, 2016. V. 1. P. 355-358.

38. Yavor O. A. Recognition of unmarried marriage as a legal fiction in family law.Problems of civil law and process: material of international scientific and practical conference, dedicated to the memory Oleksandr Anatoliiovych Pushkin (Kharkiv, May 27, 2016). Kharkiv: Kharkiv University of Internal Affairs, 2016. P. 144-146.

39. Yavor O. A. The role of law enforcement in the establishment of legal facts in the family law of Ukraine. Constitutional Laws and Freedoms: Problems of interpretation and implementation in national legal systems: a collection of articles international scientific and practical conference (Republic of Bilorus, Novopolotsk, October 28-29, 2016). Novopolotsk: PGU, 2016. Volume 3. P. 333­336.

40. Yavor O. A. Functions of the organs of guardianship and caring for a minor person under the legislation of Ukraine.Legal persons of public law: participation in civilian revolution (Matveeiv’s civil readings): materials of international sciences and practical conference (Kyiv, November 8, 2016). Kyiv: LLC “Belotserkivdruk”, 2016. P. 182-185.

41. Yavor O. A. Rows in the family law of Ukraine: general characteristics. VI international sciences and practical conference , Institute of State and Law of them. V. Koretsky of the National Academy of Sciences of Ukraine, "Efficiency of the norms of law". Conference Assigned to the 140th anniversary of the professor, the head of the commission to study the customary law of the Ukrainian Academy of Sciences (National Academy of Sciences of Ukraine) Vasyl Sinai. (Kiev, November 17, 2016). Kiev : Nika-Center. P. 525-528.

42. Yavor O. A. Legal status of guardianship and guardianship bodies under family law of Ukraine. Problems of improvement of private law mechanisms for the acquisition, transfer, realization and protection of subjective civil laws: materials of sciences. conf., assignment the memory of Professor Ch. N. Azimov (Kharkiv, December 16, 2016) / NLU them. Yaroslav the Wise. Kharkiv: Law, 2016. P. 157-161.

43. Yavor O. A. The Legal Importance of Presumptions in Family Law Transcarpathian Legal Readings: materials of the IX international sciences and practical conference (Uzhhorod, April 20-22, 2017). Uzhgorod: LLC “RIK- U”, 2017. V. 1. P. 281-285.

44. Yavor O. A. The problem of defective legal facts in the family law of Ukraine. Problems of the formation of the national legal system of Ukraine and its adaptation to European law: materials of the international sciences and practical conference (Ivano-Frankivsk, May 5-6, 2017). Ivano-Frankivsk University of Law. King Danylo Galitsky. Ivano-Frankivsk: 2017. P. 293-296.