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АКТУАЛЬНІ ПИТАННЯ ЦИВІЛЬНОГО ПАРТНЕРСТВА В УМОВАХ ДІЇ ВОЄННОГО СТАНУ В УКРАЇНІ
- Source :
- Uzhhorod National University Herald Series Law; 2024, Vol. 82 Issue 2, p147-151, 5p
- Publication Year :
- 2024
-
Abstract
- The scientific article identifies topical issues of civil partnership in the conditions of martial law in Ukraine and suggests ways to solve them. Based on the analysis of static data, the opinions of scientists, the norms of current legislation and other public information, the relevance of the given question is argued. The work focuses on the fact that in the conditions of martial law, the inequality of rights between heterosexual and LGBT+ couples is more pronounced than in peacetime. It is emphasized that during martial law, in addition to the general rights and obligations of spouses as a family under family law, one of the spouses receives the right to social protection in case of military service of the other spouse. The absence of the institution of civil partnership is defined as a form of discrimination based on sexual orientation, atypical social gender of a person, etc. Marriage, or civil partnership, or registered partnership is defined as a legal act that entails legal consequences - mutual rights and obligations. It was found that the exercise of rights by unregistered partners of military personnel takes place through the use of alternative methods. It is emphasized that the contract of civil partnership can be the basis for exercising the rights of partners, one of whom is doing military service. Based on the research of the legal framework in the field of civil partnership, it was found that the introduction of the institution of civil partnership was not the first time that it became the subject of law-making activity in Ukraine, but it has not found its implementation in a specific Law of Ukraine until now. The public position on the need to adopt the Law of Ukraine «On the Institute of Registered Partnerships» is supported, given the precedents of discrimination against the rights of military personnel and their family members, who belong to the LGBT+ community and beyond. It was concluded that the introduction of the institution of civil partnership in Ukrainian legislation is a step towards a people-centered model of statehood formation, towards the implementation of world standards of human rights compliance in Ukraine. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Ukrainian
- ISSN :
- 23073322
- Volume :
- 82
- Issue :
- 2
- Database :
- Complementary Index
- Journal :
- Uzhhorod National University Herald Series Law
- Publication Type :
- Academic Journal
- Accession number :
- 177833848
- Full Text :
- https://doi.org/10.24144/2307-3322.2024.82.2.23