Krukoves V. Procedural peculiarities of cases related establishing the fact of the residence one family man and woman without marriage.

The thesis is devoted to a theoretical analysis of the procedural peculiarities of cases related establishing the fact of the residence one family man and woman without marriage. For the first time, the procedural and legal nature of cases related establishing the fact of the residence one family man and woman without marriage as the cases of establishing facts of legal significance and considered in special procedure, the need to establish them is conditioned by the importance of unconditional further implementation of the proper man and woman who lives one family without marriage of civil rights and obligations. The thesis emphasizes on the peculiarities of cases related establishing the fact of the residence one family man and woman without marriage, depending on the stage of civil proceedings in particular, the prerequisite for the right to file an application, where the correct indication of the purpose of establishing the fact, the groundlessness of refusal to open proceedings on the grounds of misuse legal terminology when specifying the name of the fact itself; peculiarities of the implementation of the relevant procedural actions at the stage of commencement of proceedings in the case and preparatory proceedings, the correct definition of the composition of the participants in the case and certain problematic issues of involving stakeholders. According to the results, an unfounded tendency in judicial practice to disconnect applications for establishing a fact of residence one family man and woman without marriage and adoption by such a couple of a child was found, which as a result is an unjustified delay in the decision on the merits. As a result of the study, the author also refutes the position on the existence of a dispute about the fact in cases of special proceedings, based in particular on the fact that the emergence of a dispute about a legal fact always entails a dispute over the law, which is conditioned by this fact, hence the establishment in court of the another legal fact is carried out not as an end in itself, not for the very fact, but in order to acquire a certain amount of rights that is inextricably linked with it. In conclusion, the author notes that the development of national legislation, taking into account foreign experience, should go along the path of maximum avoidance of protracted trials of separation of property and a difficult procedure of proving the fact of the residence of one family of a man and a woman without marriage. Given this, it is optimal for such persons to recognize the right to conclude a civil partnership agreement, which will become a legal instrument for certifying and protecting the rights of such persons following the example of many European countries, and then exempt them from the need to go to court to establish the fact of residence by one family without marriage.