IMPROVEMENT OF ADMINISTRATIVE PROCEDURES FOR PUBLIC REGISTRATION OF MARRIAGE STATE AND ESTABLISHMENT OF PATERNITY AS A PREVENTIVE DIRECTIVE OF SHAM MARRIAGE IN ORDER TO LEGALIZE IN UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article is devoted to the study of prevention of sham marriages in order to legalize in Ukraine. It is noted that the uncertainty of administrative procedures for state registration of marriages and the establishment of paternity, as well as the lack of legal responsibility for the fictitiousness of these administrative procedures creates a threat to the interests of Ukrainian citizens in the context of determining the status of children born, property disputes (seizure of property, its dissolution after a severance of marital relations) etc. It is noted that the purpose of sham marriages conclusion is different circumstances, in particular, obtaining a prestigious job, resolving a housing problem, etc. However, the most common purpose of sham marriages conclusion is to obtain a residence permit in a foreign country and the acquisition of citizenship over time. As a result of the analysis of the experience of foreign countries, it was concluded that only a clear definition at the regulatory level of administrative procedures for state registration of marriages and the establishment of paternity, the steady control of the state bodies of the civil status acts registration and migration services, the establishment of effective cooperation to detect sham marriages of all public administration entities will contribute to a comprehensive solution of the proliferation problem of sham marriages as a tool for legalization, which is actual for Ukraine.The ways of solving the above-mentioned problem are proposed, in particular: consolidation of normative legal acts of public administration entities for the improvement of their interaction with the detection of sham marriages; normative foresight of the establishment of marriage relations exclusively at the registration place, residence place or stay; the introduction of an administrative procedure for the recognition of sham marriage according to the initiative of the controlling state bodies; extension of the subjects of legal responsibility for conclusion of sham marriages and fictitious establishment of paternity.
Authors and Affiliations
О. Г. Погребняк
Keywords
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