КЛАСИФІКАЦІЯ ЗАБОРОННИХ НОРМ СІМЕЙНОГО ПРАВА

Abstract

The article is devoted to the prohibitive rules of family law as objects of scientific classification. According to the method of consolidation, the Ukrainian legislator allows to distinguish two groups of prohibitive rules of family law: a) those that directly establish a prohibition (for example, forcing a woman and a man to marry is not allowed); b) those that indirectly establish a ban. The first group of prohibitive rules of family law should be divided into three subgroups: a) rules of family law that establish a direct unconditional prohibition (for example, intermediary, commercial activities for the adoption of children, their transfer into custody, care or upbringing of Ukrainian citizens are prohibited , foreigners); b) rules of family law establishing a direct conditional prohibition (for example, marriage cannot be declared invalid in case of pregnancy of the wife or birth of a child to an adoptive parent and adopted child, to a cousin, aunt, uncle and nephew, niece, or if the person who has not reached the age of marriage, has reached it or has been granted the right to marry); c) rules of family law that establish a direct prohibition, but have exceptions to the general rule (for example, a religious marriage rite is not a basis for a woman and a man to have the rights and responsibilities of a spouse, unless restoration of state registration of civil status acts). The second group prohibition rules of family law can reasonably be divided into those that: a) indirectly establish an unconditional prohibition (for example, a person deprived of parental rights loses the right to benefits and state assistance provided to families with children); b) indirectly establish a conditional prohibition (for example, the wife’s right to maintenance is terminated if the court decision excludes information about the husband as a father from the birth certificate of the child).