The dissertation is devoted to the general characteristics of legal facts in family law and includes the study of the history of the development of the very idea of legal facts, the disclosure of their application value, concepts and approaches to the classification of legal facts.
The author formulated a generalized definition of legal facts in the family law under which proposed to understand social phenomena such as the legal nature of the act, event, condition, etc. which are the basis of occurrence, change and termination of relationships, within which are implemented moral and economic rights and obligations attack other legal consequences from individuals linked by marriage, blood relationship, living together and the way of life, adoption, that is legal constraints.
The author proceeds from the fact that the main way to establish legal facts in family law is to fix them (by direct indication) or to recognize (by defining the sphere of freedom in which the parties to the relationship can independently determine the grounds for the appearance, change or termination of the corresponding type of relationship) in positive law . It should be taken into account that the positive law: a) must be critically evaluated for compliance with the objective boundaries of legal regulation; B) may be subject to dynamic interpretation if social relations as a result of their development require a different pattern of behavior. In addition, in a certain part the state can sanction the norms created by the institutions of civil society, thus giving them the status of legal. Life circumstances, conditioned by such norms as the grounds for the appearance, change or termination of family relations, acquire the status of a legal fact.
General characteristics of defective legal facts and actual compositions in the family law of Ukraine are given. The main tendencies of the development of the family law of Ukraine in the light of the theory of legal facts are revealed, in particular, the influence of the case law of the European Court of Human Rights on determining the range of legal facts in the family and legal sphere of relations is disclosed, and the role of scientific and technical progress and European integration processes is clarified.
Characteristics of "family" agreements as legal facts of family law, which entail the emergence, change or termination of legal relations between the parties who are subjects of family law, having their subject matter family personal property and property relations, in particular between spouses, between parents and children , adopters and adopters, between mother and father of the child with respect to her upbringing, development and maintenance, as well as between grandmother, grandfather, grandfather and grandchildren, grandchildren, siblings, stepmother, stepfather and stepfather bitch, stepchild and other family members.
The influence of the case law of the European Court of Human Rights on the definition of the range of legal facts in the family-legal sphere of relations is revealed, in particular, in the following legal positions: 1) the establishment of a negative obligation of the state to not interfere with the sphere of family life of a person, except for a limited number of cases when such an intervention is aimed at achieving a legitimate aim, is provided by law and the scope of interference is commensurate with the purpose with which it is carried out (prohibition of arbitrary interference of the state); 2) outlining the positive obligations of the state in situations where state interference is necessary for the effective maintenance of respect for private or family life; 3) the provision that the private choice of women regarding the planning and composition of their families should not depend on the discretion of health professionals or institutions that determine the distribution of health care resources or seek to promote the rules for articles based on religious or cultural ideologies through denial of available diagnostic services in order to prevent the commission of actions not approved by them, etc.; 4) in family disputes that affect the interests of children, the interests of the child have priority over the interests of parents; children born in marriage and children born out of wedlock are equal in their rights; any restriction imposed on personal communication between parents and children must be based on due process and valid reasons put forward to protect the interests of the child and to further family reunification; the transfer of a child under public welfare should be temporary, such an event can’t be sanctioned without prior consideration of possible alternative measures and should be assessed in the context of the State's positive obligation to take careful and consistent measures to promote the reunification of children with their biological parents. It is generally stated that the concept of family life has evolved continuously throughout the time o
