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FAMILY CODE OF UKRAINE

of January 10, 2002 No. 2947-III

(as amended on 30-03-2020)

Section I. General provisions

Chapter 1. Family. Regulation of the family relations

Article 1. Tasks of the Family code of Ukraine

1. The family code of Ukraine determines scrap bases, personal non-property and property rights and obligations of spouses, the origin bases, content of personal non-property and property rights and obligations of parents and children, adoptive parents and the adopted, other members of the family of relatives.

2. Regulation of the family relations is performed by this Code for the purpose of:

strengthenings of family as social institute and as union of particular persons;

approvals of indebtedness before parents, children and other family members;

creations of the family relations on a parity basis, on feelings of mutual love and respect, mutual assistance and support;

providing each child with family education, possibility of spiritual and physical development.

Article 2. Participants of the family relations regulated by the Family code of Ukraine

1. The family code of Ukraine governs the family personal non-property and property relations between spouses, between parents and children, adoptive parents and adopted, between mother and the child's father on his education, development and content.

2. The family code of Ukraine governs the family personal non-property and property relations between the grandma, the grandfather, the great-grandmother, the great-grandfather and grandsons, great-grandsons, brothers and sisters, the stepmother, the stepfather and the stepdaughter, the stepson.

3. The family code of Ukraine regulates the family personal non-property and (or) property relations between other family members determined in it.

4. The family code of Ukraine does not govern the family relations between cousins and sisters, the aunt, the uncle and the niece, the nephew and between other relatives by origin.

Article 3. Family

1. The family is primary and main cell of society.

2. The family is constituted by the persons jointly living, connected by general life, having the mutual rights and obligations.

Spouses are considered as family and when the wife and the husband in connection with study, work, treatment, need of care of parents; children and on other reasonable excuses do not live jointly.

The child belongs to family of the parents and when together with them does not live.

3. Lonely person has the rights of the family member.

4. The family is established based on scrap, consanguinity, adoption, and also on other bases which are not forbidden by the law and not contradicting moral foundations of society.

Article 4. Right of person to family

1. Person which reached age of consent has the right to creation of family.

In the cases provided by Article part two 23 of this Code, person which did not reach age of consent can establish family.

2. Person who gave birth to the child irrespective of age can establish family.

3. Each person has the right to accommodation in family.

Person can be compulsorily isolated from family only in cases and according to the procedure, established by the law.

4. Each person has the right to respect for the family life.

Article 5. State protection of family

1. The state protects family, the childhood, motherhood, paternity, creates conditions for strengthening of family.

2. The state creates to the person conditions for motherhood and paternity, provides protection of the rights of mother and father, financially and morally encourages and supports motherhood and paternity.

3. The state provides priority of family education of the child.

4. The state takes each orphan child and the child deprived of parent care under the protection.

5. Nobody can be exposed to intervention in its family life, except the cases established by the Constitution of Ukraine.

Article 6. Child

1. Legal status of the child has person before achievement of age of majority by it.

2. The child before achievement of fourteen years by him is considered juvenile.

The child aged from fourteen up to eighteen years is considered minor.

Article 7. General principles of regulation of the family relations

1. The family relations are governed by this Code and other regulatory legal acts.

2. The family relations can be settled by agreement (contract) between their participants.

3. The family relations are governed only in that part in which it is admissible and possible from the point of view of interests of their participants and interests of society.

4. Regulation of the family relations is performed taking into account the right to the mystery of private life of their participants, their right to personal liberty and inadmissibility of willful intervention in family life.

5. The participant of the family relations cannot have privileges or restrictions on signs of race, skin color, floor, political, religious and other convictions, ethnic and social origin, financial position, the residence, on language and other signs.

6. The woman and the man have the equal rights and obligations in the family relations, scrap and family.

7. The child shall be provided with possibility of implementation of its rights established by the Constitution of Ukraine, the Convention on the Rights of the Child, other international treaties of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine.

8. Regulation of the family relations shall be performed with the greatest possible accounting of interests of the child, disabled family members.

9. The family relations are governed on concepts of justice, conscientiousness and rationality, according to moral foundations of society.

10. Each participant of the family relations has the right to judicial protection.

Article 8. Application to regulation of the family relations of the Civil code of Ukraine

1. If the personal non-property and property relations between spouses, parents and children, other family members and relatives are not settled by this Code, they are regulated by the relevant standards of the Civil code of Ukraine if it does not contradict essence of the family relations.

Article 9. Regulation of the family relations by agreement (agreement) of the parties

1. Spouses, the child's parents, parents and children, other family members and relatives, the relations between whom are governed by this Code, can settle the relations by agreement (agreement) if it does not contradict requirements of this Code, other laws and moral foundations of society.

2. Persons living one family and also relatives by origin whose relations are not settled by this Code can settle the family (related) relations under the agreement which shall be signed in writing. Such agreement is mandatory if it does not contradict requirements of this Code, other laws of Ukraine and moral foundations of society.

Article 10. Application of analogy of the law and analogy of the right

1. If certain family relations are not settled by this Code, other regulatory legal acts or the arrangement (agreement) of the parties, regulations of this Code which govern the similar relations (analogy of the law) are applied to them.

2. If it is impossible to apply analogy of the law to regulation of the family relations, they are regulated according to the general principles of the family legislation (analogy is right).

Article 11. Accounting of customs in case of permission court of family disputes

1. In case of permission of family dispute the court according to the statement of the concerned party can consider local custom, and also custom of ethnic minority to which the parties or one of them belong if they do not contradict requirements, of this Code, other laws and to moral foundations of society.

Article 12. Calculation of the terms established in this Code

1. The terms established in this Code are estimated according to the Civil code of Ukraine.

Article 13. International agreements of Ukraine

1. Part of the national family legal system of Ukraine are the international agreements governing the family relations which consent to be bound is this the Verkhovna Rada of Ukraine.

2. If the international treaty of Ukraine signed in accordance with the established procedure contains other rules, than established by the relevant act of the family legislation rules of the corresponding international treaty of Ukraine are applied.

Chapter 2. Implementation of the family rights and execution of family obligations. protection of the family rights and interests

Article 14. Implementation of the family rights

1. The family rights are such which are closely connected with person and therefore cannot be transferred to other person.

2. If the child or person whose capacity to act is limited cannot independently perform the rights, these rights are performed by parents, the guardian or these persons by means of parents or the custodian.

3. it is excluded

Article 15. Execution of family obligations

1. Family obligations are such which are closely connected with person and therefore cannot be shifted onto other person.

2. If person acknowledged incapacitated, its family obligation of personal non-property nature stops in connection with impossibility of its execution.

The property duty of incapacitated person is fulfilled at his expense by the guardian.

3. If owing to mental disturbance, serious illness or other reasonable excuse person cannot fulfill family duty, it is not considered evading from its execution.

4. Non-execution or evasion from execution of family obligation can be the basis for application of the measures established by this Code or the arrangement (agreement) of the parties.

Article 16. Rendering to minor parents help in implementation of the parent rights and execution of parental responsibilities

1. If mother, the father of the child are minors, the grandma, the child's grandfather from that from parents who are minor, shall give him help in implementation of the parent rights by him and execution of parental responsibilities.

Article 17. Rendering by guardianship and custody body help to persons in implementation of the family rights by them and execution of family obligations

1. The guardianship and custody body gives help to person in implementation of the family rights by it and execution of family obligations in amount and according to the procedure, established by this Code and other regulatory legal acts.

Article 18. Protection of the family rights and interests

1. Each participant of the family relations who reached fourteen years has the right to direct appeal to the court behind protection of the right or interest.

2. The court applies the protection methods established by the law or the arrangement (agreement) of the parties.

Methods of protection of the family rights and interests in particular are:

1) legal relationship establishment;

2) forced execution of voluntarily not fulfilled duty;

3) legal relationship termination, and also its cancellation;

4) the termination of the actions violating the family rights;

5) recovery of the legal relationship existing before violation of the right;

6) compensation of material and moral harm if it is provided by this Code or the agreement;

7) legal relationship change;

8) recognition illegal decisions, actions or failure to act of public authority, authority of the Autonomous Republic of Crimea or local government body, their official and officials.

Article 19. Participation of guardianship and custody body in protection of the family rights and interests

1. In the cases provided by this Code, person has the right to the preliminary request for protection of the family rights and interests in guardianship and custody body.

2. The decision of guardianship and custody body is obligatory to execution if within ten days since its removal the interested person did not appeal behind protection of the rights or interests to court, except the case provided by part two of article 170 of this Code.

3. The request for protection in guardianship and custody body does not deprive person of the right to appeal to the court.

In case of the address with the claim to court the guardianship and custody body stops consideration of the application submitted to it.

4. By consideration by court of disputes on participation of one of parents in education of the child, the residence of the child, eviction of the child, removal of the child from registration of the place of residence, recognition of the child by the premises which lost right to use, deprivations and recoveries of the parent rights, appointments to the child of mother, the father deprived of the parent rights of confiscation of the child from the face holding it at himself not based on the law or the judgment of management of parents of property of the child, cancellation of adoption and recognition invalid obligatory participation of the guardianship and custody body provided by the due legal entity is its.

5. The guardianship and custody body represents to court the written conclusion about the dispute resolution based on the data received as a result of inspection of conditions of accommodation of the child, the parents, other persons wishing to live with the child, to take part in his education, and also based on other documents concerning case.

6. The court can not agree with the conclusion of guardianship and custody body if it is insufficiently proved, contradicts interests of the child.

Article 20. Use of limitation period to the requirements following from the family relations

1. To the requirements following from the family relations, limitation period is not applied, except the cases provided by Article part two 72, Article part two 129, Article part three 138, part three of article 139 of this Code.

2. In the cases provided by part one of this Article, limitation period is applied by court according to the Civil code of Ukraine if other is not provided by this Code.

Section II. Scrap. Rights and obligations of spouses

Chapter 3. General provisions

Article 21. Concept of scrap

1. Scrap is the matrimony of the woman and the man registered in body of state registration of acts of civil status.

2. Accommodation by one family of the woman and the man without scrap is not the basis for emergence at them of the rights and obligations of spouses.

3. The religious practice of scrap is not the basis for origin at the woman and the man of the rights and obligations of spouses, except cases when the religious practice of scrap took place before creation or recovery of bodies of state registration of acts of civil status.

Article 22. Age of consent

1. The age of consent for men and women is established in eighteen years.

2. Persons wishing to register scrap shall reach age of consent on the date of scrap registration.

Article 23. Right to scrap

1. Persons which reached age of consent have the right to scrap.

2. According to the statement of person which reached sixteen years by a court decision the right to scrap can be granted to it if it is determined that it is equitable to its interests.

Article 24. Voluntariness of scrap

1. Scrap is based on the voluntary consent of the woman and man.

Compulsion of the woman and man is not allowed to scrap.

2. Registration of marriage with person, acknowledged incapacitated, and also with person who for other reasons did not realize value of the actions and (or) could not direct them, has the consequences established by Articles 38-40 of this Code.

Article 25. Monogamy

1. The woman and the man can consist at the same time only in one scrap.

2. The woman and the man have the right to repeated scrap only after the termination of previous marriage.

Article 26. Persons who cannot be married among themselves

1. Among themselves persons who are relatives in a straight line of relationship cannot be married.

2. Among themselves the brother and the sister cannot be married native (full, not full). The brothers and sisters having general parents are full. The brothers and sisters having general mother or the general father are not full.

3. Among themselves the cousin brother and the sister, the family the aunt, the uncle and the nephew, the niece cannot be married.

4. The right to scrap between the own child of the adoptive father and the child adopted by it, and also between children who were adopted by it can be by a court decision granted.

5. In scrap among themselves there cannot be adoptive father and the child adopted by it.

Scrap between the adoptive father and the child adopted by it can be registered only in case of adoption cancellation.

Chapter 4. State registration of scrap

Article 27. Value of state registration of scrap

1. State registration of scrap is established for ensuring stability of the relations between the woman and the man, protection of the rights and interests of spouses, their children, and also for the benefit of the state and society.

2. it is excluded

3. State registration of scrap makes sure the Marriage certficate which sample approves the Cabinet of Ministers of Ukraine.

Article 28. Statement for scrap registration

1. The application for registration of scrap is submitted by the woman and the man to any body of state registration of acts of civil status at their choice.

Persons who submitted the application for scrap registration are considered as the groom and the bride.

2. The application for registration of scrap is submitted by the woman and the man personally.

3. If the woman and (or) the man cannot on reasonable excuses personally submit the application for registration of scrap to body of state registration of acts of civil status, such statement which is notarially certified their representatives can give. Powers of the representative shall be notarially certified.

4. If registration of scrap in certain day did not take place, the statement for registration of scrap voids after three months from the date of its giving.

Article 29. Acquaintance of the groom and bride, with their rights and obligations

1. The body of state registration of acts of civil status shall acquaint the groom and the bride, with their rights and obligations as future spouses and parents and to warn about responsibility for concealment of obstacles to scrap registration.

Article 30. Mutual notification of the groom and bride about the state of health

1. The groom and the bride shall report each other about condition of the health.

2. The state provides creation of conditions for physical examination of the groom and the bride.

3. The procedure of physical examination of the groom and bride establishes the Cabinet of Ministers of Ukraine.

4. Results of physical examination are secret and are told only the groom and the bride.

5. Concealment of data on the state of health by the groom or bride, can turn out to be consequence of what there (was) violation of physical or mental health of one of them or their descendants, can be the basis for scrap recognition invalid.

Article 31. Obligations of the groom and the bride in case of refusal from marriage

1. it is excluded

2. it is excluded

3. Person who refused scrap shall compensate to other party of costs, incurred by it in connection with preparation for registration of scrap and wedding.

Such costs are not subject to compensation if the refusal of scrap was caused by delinquent, immoral behavior of the bride, groom, concealment by it, it the circumstances having for this purpose who refused scrap, essential value (serious illness, the child's availability, criminal record, etc.).

4. In case of refusal from scrap of person who received gift in connection with future scrap, the gift agreement upon the demand of the donator can be terminated by court.

In case of agreement cancelation person shall return thing which was presented to it and if it did not remain - to compensate its cost.

Article 32. Scrap registration time

1. Scrap is registered after one month from the date of submission by persons of the statement for scrap registration.

In the presence of reasonable excuses the head of body of state registration of acts of civil status resolves registration of scrap before the expiration of this term.

2. In case of pregnancy of the bride, the birth of the child by it and also if there is direct threat of life of the bride or groom, scrap is registered in day of submission of the corresponding statement or in any other day at the request of the groom and the bride within one month.

3. If there are data on availability of obstacles to scrap registration, the head of body of state registration of acts of civil status can postpone scrap registration, but no more than for three months. The decision on such adjournment can be appealed in court.

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