One of the fundamental principles of the United Nations Charter, which was adopted by world leaders in 1945, is the equal rights of women and men. Ukraine has committed itself to ensuring gender equality.
The Family Code of Ukraine enshrines the equality of rights and obligations of spouses, and in some cases, equality of rights is also traced between the actual spouses, that is, persons who live in the same family but are not married. Therefore, the problem of recognizing the equality / inequality of the exercise of rights and the fulfillment of obligations by persons who are in a registered marriage (spouses) and persons in an actual marital relationship (without marriage registration) with respect to each other, as well as in the exercise of rights and obligations, remains urgent responsibilities of spouses (actual spouses) in respect of minor (minor) children.
Among the problems that need to be solved, the most important is to clarify a number of general theoretical and practical questions related to understanding of the concept, nature, features, types of rights and responsibilities of spouses. The relevance of the topic is also evidenced by the European vector of the development of the rights and obligations of the spouse (actual spouse).
A special place in the system of social values is occupied by family as a circle of people, who are united not only by emotional beginning, but also by mutual rights and obligations. One of the main features of a family is the cohabitation of its members. Accordingly, in this dissertation the research focuses on the nuclear family, that is, a newly-formed family consisting of spouses (as first-born), persons in actual marital relations (actual spouses), parents (spouses-actual spouses) and children, single mothers and other family members.
Therefore, the family can be based on marriage (most often it happens), consanguinity and the fact of adoption (legal act). There are three types of relationships that are typical of the family: spouses, paternity, and affinity.
A properly functioning family is a family that responsibly fulfills and adheres to its functions, thereby meeting socially significant needs. In the dissertation suggests the family functions, namely: function of nuclearity, reproductive, regulatory, communicative, compensatory, mutual assistance, social control, educational function. The study concludes that the more normally functioning families, the more moral society becomes. The family is the focus of society and an indicator of sustainable development. Violations of the basic functions of the family are such features of its vital activity that complicate or impede the performance of its functions by the family.Factors that destroy a family are the characteristics of the personalities of its members and the relationships between them, certain conditions of life of the family. Parenting conflicts, interventions of other family members can cause violations of the educational function of the family.
One of the reasons for a new family is marriage. The purpose of marriage is to satisfy the spiritual and legal interests of the woman and man, aimed at creating a family. From the moment of marriage, the spouses are entrusted with the mutual subjective rights and obligations of the couple. Marriage is the basis for the emergence of personal non-property and property rights and obligations between the spouses.
Personal non-property rights represent the basis of the modern social and legal order. Human rights are enshrined in the main program international, European and domestic documents - the UN Charter, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (UN, 1966), the Charter of Fundamental Rights of the European Union, the Constitution of Ukraine and the Civil Code of Ukraine.
Since the relationship between the spouses is, first and foremost, deeply personal, the legal regulation of personal non-property relations in family law is of particular importance. In the dissertation research it is determined that under the personal non-property rights of spouses it is necessary to understand subjective, natural, those that cannot be transferred to another person, inalienable, having intangible, long-term character, arising and acting from the moment of marriage and changing or terminating from the date of dissolution of the marriage, namely from the date of registration of the dissolution of the marriage, or on the day of entry into force of the court decision on the dissolution of the marriage.
