Melnychenko Y. Material and procedural aspects of actual marriage legal relations

Based on the conducted research of history of development and foreign experience of legal regulation of de facto marital relations, on the basis of analysis of norms of substantive and procedural law, judicial practice, legal positions of the Constitutional Court of Ukraine, Supreme Court of Ukraine, Supreme Court, European Court of Human Rights, provisions of international legal acts, recommendations on law enforcement in this sphere and changes in the current legislation were made. It was found that the introduction in Ukraine of registered civil partnerships as an alternative form of marriage, which would eliminate most of the problematic issues discussed, is only possible for different-sex and same-sex couples simultaneously, which contradicts public opinion and is the reason for postponing the development and adoption of the relevant law. The thesis substantiates the expediency of excluding from the content of the Family Code of Ukraine Articles 74, 91 and part 4, 5 of Article 211, which regulate the legal consequences of a man and a woman living together without marriage (de facto marital relations), namely, property legal relations, legal relations of mutual maintenance, legal relations of adoption.