Concept and features of religious marriage

  • Oksana Safonchyk
  • Kateryna Hlyniana
  • Oleksandr Melnyk
  • Dmytro Pliushko
Keywords: Marital legal relations, marriage, religious marriages, family law.

Abstract

The urgency of the research of the topic of the article is that according to the legislation of Ukraine the marriage ceremony is not the basis for the occurrence of rights and duties of a spouse to a woman and a husband, except for cases when the religious ritual of marriage took place before the creation or restoration of state bodies of registration of acts of civil status. The object of the research article was the problem of recognition of religious marriage at the state level. The authors argue that the state could recognize religious marriages as evidence and a form of detection and recognition of mutual responsibilities between a man and a woman who, for whatever reason, did not register their marriage with the state body of the National Civil Registration Authority, but live by one family and act in the interests of children. The article states that in many countries a religious marriage has the same legitimate power as the marriage registered with the relevant state authorities.
The authors of the article in the conclusions suggest amending the legislation of Ukraine to recognize a religious marriage as valid, with the condition that the spouse will subsequently register it in the state bodies of the National Civil Registration Authority. Subsequent registration shall take place not later than five years after the marriage was made through a religious rite during the period of the status of the temporarily occupied territories, or not later than two years after the abolition of the status of the temporarily occupied territories.

Downloads

Download data is not yet available.

References

Ancient Church and Roman Law (2017). Retrieved from http://uzhmb.mrezha.net/biblioteka/brak/mejendorf/g2.htm

Civil Code of Ukraine. (2003). Verxovna rada Ukrayiny. Retrieved from http://zakon4.rada.gov.ua/laws/show/435-15

Family Code of Ukraine. (2002). Verxovna rada Ukrayiny. Retrieved from https://zakon.rada.gov.ua/laws/show/2947-14

Kharytonov, E. (Ed.). (2010). Civil law of Ukraine (traditions and innovations): A monograph. Odesa: Feniks.

Kharytonov, E., Kharytonova, H., Tolmachevska, Y., Tkalich, M., & Fasii, B. (2019). Information Security and Means of Its Legal Support. Revista Amazonia Investiga, 8, 255-265.

Lotoczkyj, О. (1931). Ukrainian sources of ecclesiastical law. Proceedings of the Ukrainian Scientific Institute. Warsaw.

Lyman, І. (2000). Spiritual Court on Adultery (end of the 18th - first half of XIX century). Notes of the Research Laboratory of the History of Southern Ukraine of Zaporizhzhya State University: Southern Ukraine XVIII-XIXth Century. Zaporizhia.

Lyman, І. (2004). Russian Orthodox Church in the south of Ukraine in the last quarter of the XVIII - the middle of the XIX century. Zaporizhia: Tandem-U.

Lyman, І. (2004). State Church and State Power: Southern Ukraine (1775–1861). Zaporizhia: Tandem-U.

Marusy`k, К. (1997). Right as an attribute of the national culture of the Ukrainian people. Questions of Ukrainian history, 1, 53–59.

Mullokandova, О. (2014). General features of the institutions of family law in the Abrahamic religions. Aboriginal religions in Ukraine: inculturative interactions and interconfessional relationships: interdisciplinary materials. sciences conf. (Galich, May 29, 2014). Halych: Inform-issued. Department of National Reserve "Ancient Halych", 372–376.

Nyzhnyk, N. (2003). Regulation of marriage and family relations in Russia in terms of paganism. History of state and law, 2, 31–33.

On ensuring the rights and freedoms of citizens and legal regime in the temporarily occupied territory of Ukraine: the Law of Ukraine. (2014). Verxovna rada Ukrayiny`. Retrieved from http://search.ligazakon.ua/l_doc2.nsf/link1/T141207.html

Orlenko, L. (1914). Marital separation in the Hetmanate in the XVIII century.

Tabinskyj, P. (1938). Church Statute of St. Prince Volodymyr the Great. Lviv.

The foundations of the social concept of the Ukrainian Orthodox Church. (2002). Kyiv: Inform. UOC center.

Zacepyn, V. (1991). Young family: Socio-economic, legal, moral and psychological problems. Kyiv.

Zhylinkova, I. (2001). Institute of engagement: the past and the near future. Herald of the Academy of Legal Sciences of Ukraine, 4 (27), 130–138.
Published
2019-06-25
How to Cite
Safonchyk, O., Hlyniana, K., Melnyk, O., & Pliushko, D. (2019). Concept and features of religious marriage. Amazonia Investiga, 8(20), 468-476. Retrieved from https://www.amazoniainvestiga.info/index.php/amazonia/article/view/176
Section
Articles
Bookmark and Share