Pogrebnuak O. Administrative procedures for state registration of marriages and paternity

The dissertation is devoted to the complex research of theoretical, normative and applied aspects of realization of administrative procedures of state registration of marriage and establishment of paternity. The historiography of state registration of civil status acts has been determined, the main periods of formation of state registration of civil status acts have been identified, as well as the peculiarities of the formation of the system of bodies authorized to perform the functions of registration of civil status acts. A comprehensive scientific and theoretical analysis of the administrative procedures of state registration of civil status acts as an institution of administrative law. It is determined that when making administrative decisions concerning the state registration of civil status acts, it is required to ensure the rights of a person, among which it is possible to distinguish: to be heard before making a negative (unfavorable) decision; for help and representation; to familiarize with the case files; it is the responsibility of the administrative authority to justify the adverse acts and state the procedure for their appeal, etc. These and other rights of the person and duties of the administrative bodies should be enshrined in the laws on general administrative procedure and other acts, which should stipulate the specific procedures for state registration of marriage and establishment of paternity. The legal regulation of these administrative procedures is of fundamental importance, since the practice of implementing marriage registration and paternity procedures is rather ambiguous today and lacks uniformity. This state of affairs leads to legal uncertainty as well as a practical violation and abuse of the rules of law. Such violations may result in registration of fictitious marriages and cases of adoption of children by foreigners in order to obtain legal grounds for stay in Ukraine. Administrative procedures are considered as components of the administrative process. The concepts and types, structure and stages of administrative procedures for state registration of civil status acts are defined. The peculiarities of the procedures of marriage registration and paternity establishment in terms of implementation procedure and subject composition, determination of the current state of legal regulation and main directions of improvement of the current legislation are established. The procedure and peculiarities of the legal liability of employees of the bodies of registration of acts of civil status for violation of the procedure of registration of marriages and establishment of paternity are specified. The peculiarities of administrative procedures for state registration of marriages and establishment of paternity with the participation of foreigners are described. Provisions on the need to develop and regulate the procedure for conducting inspections and establishing additional facts in the administrative procedures of marriage registration and establishing paternity as a legal means of preventing fictitious marriages in order to legalize in Ukraine are argued. The foreign experience of introduction of administrative procedures of registration of marriages and establishment of paternity for the purpose of definition of possibilities of its introduction in Ukraine in modern conditions of state formation is generalized.