ПРАВОВЕ РЕГУЛЮВАННЯ СІМЕЙНИХ ВІДНОСИН, УСКЛАДНЕНИХ ІНОЗЕМНИМ ЕЛЕМЕНТОМ

Abstract

The article is devoted to the study of the legal regulation of family relations complicated by a foreign element. Emphasis is placed on the definition of "foreign element" in legislation and scientific literature. The methods of regulating family legal relations with a foreign element, which are used in private international law, are singled out. One of the most common of these is the adoption of regulations with relevant conflict rules and the conclusion of bilateral or multilateral agreements between states. International treaties are designed to unify the rules of law governing family relations between citizens of different countries due to the differences between the laws. The content of conventions that accumulate conflicting rules on the regulation of certain areas of family relations, in particular, the Convention on Consent to Marriage, Minimum Age, Registration of Marriage (1962) and the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (1993). The normative legal acts of Ukraine regulating family relations complicated by a foreign element have been studied. Among them, special attention is paid to the Family Code of Ukraine and the Law of Ukraine «On Private International Law». It is established that the Family Code of Ukraine contains norms on the peculiarities of the adoption of children by citizens of Ukraine living abroad and foreigners. The Law of Ukraine «On Private International Law» is a special normative legal act that contains conflicting norms of family law and ensures the realization of the rights and freedoms of citizens. The role of bilateral and multilateral agreements in the field of private law relations in the regulation of family relations between citizens of different states is determined. The content of the Agreement between Ukraine and the Republic of Poland on legal assistance and legal relations in civil and criminal cases is analyzed.