Chernega V. Mechanism for Legal Regulation of Family Relations

The thesis focuses on the mechanism for the legal regulation of family relations. It estimates scientific thinking in terms of the mechanism for the legal regulation of family relations and its irrelevance to existing requests (needs). The thesis presents the vision of the legal regulation of family relations which has a specific mechanism. The mechanism for the legal regulation of family relations is defined as a accumulation of legal means, ways, and forms (legal tools) the coordinated interaction of which can bring harmony to family relations to protect interests of persons at family law (private interests) on the one hand, interests of the family as a primary and main social unit, and interests of the state (public interests) on the other hand. The present work has found and defined the following attributes of the mechanism for the legal regulation of family relations: a) purposefulness; b) multielement basis; c) connectivity; d) algorithmic basis. It has been determined that the "architectonics" of the mechanism for the legal regulation of family relations includes the following: a) family law provisions, legal customs, family agreements and arrangements; b) jural facts; c) family legal relationships; d) acts seeking to enforce and protect family rights and interests and fulfil obligations; e) legal awareness; f) legal culture. The thesis defines the concept of family law provisions and distinguishes their features. It contains the concept and attributes of evaluation categories in family law. This study presents the classification of regulatory (authorizing, binding, prohibiting) provisions of family law. It describes presumptions in family law and suggests establishing the following in the Family Code of Ukraine: а) the presumption of lawful of the family agreement; b) the presumption of lawful of the family arrangement; c) the presumption of lawful of the adoption of a boy; d) the presumption of lawful of the adoption of a girl. It has been determined that family law provisions serve regulatory, empowering, motivating, and protective functions. To expand the potential of the subsidiary application provisions of civil law provisions to regulate family relations, it has been offered to amend Part 1, Article 8 of the Family Code of Ukraine. The study presents arguments for applying legal analogy unless family relations are regulated: first – by the Family Code of Ukraine; second – by other regulations; third – by agreement; forth – by arrangement. Specialized family law regulations have been defined, and the attributes and system («sextet») of atypical family law provisions have been determined in the thesis. The definition «family law goals-provisions» has been suggested, and the functions which the abovementioned kind of atypical family law provisions serve have been determined and specified.