Consideration of cases about the separate residence of the spouse

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Vasyliv S. "Consideration of cases about the separate residence of the spouse"

Educational and Scientific Institute of Law, Psychology and Innovative Education Lviv Polytechnic National University

The article, based on national legislation and the achievements of administrative and legal science, identifies and analyzes the features of administrative and legal guarantees of religious organizations in Ukraine. It is noted that administrative and legal guarantees of religious organizations are a system of special administrative and legal conditions, methods of use, observance, implementation, application of legal norms by religious organizations and neutralization of threats to their activities, prevention and cessation of administrative offenses and other illegal activities. and punishment of those guilty of their commission, restoration of their violated rights.

The main features of administrative and legal guarantees of religious organizations in Ukraine are identified, namely: 1) focus on maintaining the active or passive behavior of religious organiza

The article is devoted to the issue of establishing a regime of separate residence (separation) and consideration of such cases in civil proceedings.

The author analyzes the main provisions of family law governing the procedure for establishing the regime of separate residence of the spouses, as well as the provisions of civil procedural law, case law on this topic.

Consolidation in the family law of Ukraine of the regime of separate residence (separation) is a consequence of the implementation of international legal norms and provisions of the legislation of the European Union in this area in the domestic legislation. Separation or separate residence of spouses is one of the manifestations of the principle of freedom of marriage, the right of individuals to freely choose their place of residence, and at the same time this institution can act as an alternative way of resolving family conflicts.

The regime of separate residence of the spouses may be established by a court at the request of the spouses or at the request of one of them. Based on the analysis of the current civil procedural legislation, the author concludes that the regime of separate residence of the spouses can be established in civil proceedings by way of claim or separate proceedings. The claim form of separation cases can be used in the absence of the consent of one of the spouses to establish a regime of separate residence. Instead, the establishment of a regime of separate residence in the order of separate proceedings in civil proceedings is more common in judicial practice.

According to the author, the grounds for going to court with the issue of establishing the regime of separate residence of the spouses can be recognized as the unwillingness or inability of the husband and wife to live together as one family.

The author highlights the legal consequences of establishing a separate residence regime for spouses, in particular: the establishment of a separation regime does not terminate the rights and obligations of spouses, which are defined by family law of Ukraine and existed between spouses before such residence regime; the regime of property acquired by a husband and wife during the period of separate residence regime changes, ie the property will not be considered acquired in marriage and will not be subject to the regime of joint joint ownership; during the period of separate residence of the spouses, the presumption of paternity does not apply to children born after the expiration of ten months, from the moment of establishing such a regime.

tions to meet their needs, aspirations, rights and legitimate interests; 2) focus on the implementation of administrative and legal capabilities of religious organizations in the field of public administration and obtaining administrative and legal services, the opportunity to participate in religious and public life; 3) formation on the basis of legality, normative certainty, prohibition of harm to the rights and legitimate persons who do not belong to them and the interests of the population in general, the state; 4) their systematization and complexity, representation by the system of legal conditions, methods, means of ensuring the possibility of realization of their legal possibilities, which is a set of tools, factors, procedures that allow to realize the aspirations and legitimate interests of religious organizations.

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