Toniyevych Y. Sanctions in family law in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U003393

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

14-05-2015

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

For the first time in the domestic legal literature a complete analysis of the concept, features and implementation of family legal sanctions was conducted. Taking into account family legal relations aspect, it is proposed to carry out classification of the family legal sanctions on those relations arising from marriage, those ones relating to moral rights and obligations of marriage, those ones associated with property rights and obligations of marriage, those arising out of legal relationships between parents and children and those penalties applied in relationships as for caring for orphans and children deprived of parental care. Effectiveness of the family legal sanctions subordinated to the accurate law implementation of three main elements mechanism: reasons of their application, the subjects and the legal consequences of their use is offered. The reasons were given for creating a complete mechanism of protecting the violated rights and interests of a bona fide spouse, which is impossible without the law on the right to compensation for material and moral damages in case of person's unawareness and inability to know about any obstacles to marriage. The study concludes in formulation of scientific conclusions and offers as for the flaws and deficiencies in the family law sanctions implementation.

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