SOURCES OF LEGAL REGULATION OF FAMILY RELATIONS IN UKRAINE

Abstract

With the adoption of the Civil Code of Ukraine (2003) and the Family Code of Ukraine (2002), the process of reforming the family legislation of Ukraine began. The study of sources of family law is relevant and has important theoretical and practical significance. The purpose of the article is to analyze the problems in the sources of legal regulation of family relations in Ukraine. Sources of family law – a set of state and legal, social and legal requirements and legal positions, which regulate family relations and are reflected in such forms as regulations, general principles of family relations, principles of family law, generally accepted principles and norms of international law, international treaties normative legal agreements, legal acts of the European Union, family agreements, legal doctrine, judicial and administrative precedent, case law of the Constitutional Court of Ukraine, the Supreme Court determine the types of sources of family law according to the legal tradition of origin and existence of legal sources in the family legislation of Ukraine, according to the subject of legal regulation, depending on the subject of perception, depending on the action in space, depending on the legal force and the place of the system of sources of law, depending on the primary origin and primary derivative in content. Conclusions. 1. The concept of sources of family law as a special legal category, which denotes a set of state and legal, social and legal regulations and crisis legal positions in the field of family and marriage, regulating a special area of public relations using a special method of legal regulation, as a set state-legal, social-legal prescriptions and legal positions that contain norms of family law and regulate family relations. 2. The system of sources of family law is characterized as a single dynamic legal system taking into account the international and European experience of regulating family relations. 3. The normative-legal agreement is a source of family law and a social regulator of family relations, which carries out individual legal regulation of family relations. It is proved that the normative-legal contract is an exclusive source of family law, which is applied in cases of necessity of settlement of opinion of several public-legal subjects.

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