The family code in Ukraine
Article 1.
Task of the Family Code of Ukraine 1. The Family Code of Ukraine sets forth principles of marriage, personal non-property and property rights and responsibilities of spouses, grounds for the creation, contents of personal non-property and property rights and responsibilities of parents and children, adopters and adopted persons, other family members and relatives. 2. The present Code governs family relations in view of: promoting family as a social institution and as a union of specific persons; promoting spirit of responsibility before parents, children and other family members; building up family relations at an equal footing, mutual love and respect, mutual assistance and support; ensuring family care, spiritual and physical development opportunities to each child. --------------------------------------------------------------------------------
Article 2.
Parties to Family Relations Governed by the Family Code of Ukraine 1. The Family Code of Ukraine governs family personal non-property and property relations between spouses, parents and children, adopters and adopted persons, between the mother and the father of a child in respect of his/her education, development and maintenance. 2. The Family Code of Ukraine governs family personal non-property and property relations between grandmother, grandfather, great-grandmother, great-grandfather and grandchildren, great-grandchildren, brothers and sisters related to one another by blood, stepmother, stepfather and stepdaughter, stepson. 3. The Family Code of Ukraine governs family personal non-property and (or) property relations between other family members referred to in the present Code. 4. The Family Code of Ukraine does not govern family relations between cousins, aunt, uncle and niece, nephew, and between other relatives by origin. --------------------------------------------------------------------------------
Article 3.
Family 1. The family is the primary and basic unit of the society. 2. A family is composed of persons that live together, have joint household, mutual rights and responsibilities. A couple is considered to be a family even if spouses live separately as a result of training, work, medical treatment, care of parents, children and for other valid reasons. A child belongs to the family of his/her parents even if he/she lives separately. 3. A single person has the rights of a family member. 4. A family is founded based on marriage, blood ties, adoption, as well as on other grounds which are not contrary to law and morals of the society. --------------------------------------------------------------------------------
Article 4.
Right of a Person to a Family 1. A person that has attained the age of marriage enjoys the right to found a family. A person that has not attained the age of marriage enjoys the right to found a family in cases provided for in Article 23, paragraph 2, of the present Code. 2. A person that has given birth to a child may found a family notwithstanding his/her age. 3. Everyone has the right to live in the family. A person may be subject to enforceable separation from the family in cases and according to the procedure prescribed by law. 4. Everyone has the right to respect for his/her family life. --------------------------------------------------------------------------------
Article 5.
State Protection of the Family 1. The State protects the family, childhood, motherhood, fatherhood and creates conditions for the strengthening of the family. 2. The State creates conditions for motherhood and fatherhood, ensures protection of mother and father’s rights, materially and morally encourages and supports motherhood and fatherhood. 3. The State ensures the priority of family care of children. 4. The State extends protection to every child deprived of appropriate parental care. 5. There shall be no interference in one’s own family life except as prescribed by the Constitution of Ukraine (254k/96-BP). --------------------------------------------------------------------------------
Article 6.
Child 1. A person that has not attained the full age enjoys a child’s legal status. 2. A child that has not attained the age of 14 is considered to be a minor. A child from 14 to 18 years old is considered to be a juvenile. --------------------------------------------------------------------------------
Article 7.
General Principles of Family Relations Regulation 1. The present Code and other regulations govern family relations. 2. Family relations may be settled upon agreement between those involved therein. 3. Family relations are regulated insofar as it is acceptable and possible in terms of their parties’ interests and the interests of the society. 4. Family relations are regulated subject to the right of privacy inherent in their parties, their right to personal liberty and arbitrary non-interference in their family life. 5. A party to family relations may not be privileged or restricted on the ground of race, color, sex, political, religious and other opinion, ethnic and social origin, property status, place of residence, language and other grounds. 6. Women and men enjoy equal rights and assume equal responsibilities in family relations, marriage and family. 7. A child should be secured the possibility to exercise his/her rights as laid down in the Constitution of Ukraine (254k/96-BP), Convention on the Rights of the Child (995_021) and other international legal instruments Ukraine is bound by. 8. Family relations should be regulated with utmost consideration of the best interests of a child and family members that are unable to work. 9. Family relations are regulated based on the principles of justice, integrity and reasonability in accordance with morals of the society. 10. Every party to family relations enjoys the right to an effective legal remedy.