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Interacción y Perspectiva Dep. Legal pp 201002Z43506

Revista de Trabajo Social ISSN 2244-808X

Vol. 14 N

enero-junio

ARTÍCULO DE INVESTIGACIÓN

el matrimonio y las relaciones familiares. En el plano normativo, se reconocieron las

consecuencias jurídicas del divorcio y se definieron una serie de garantías para las

mujeres y los niños. La Iglesia ucraniana, a diferencia de la Iglesia de la RSFSR, no se

separó inmediatamente del Estado. Sólo se buscaron relaciones específicas entre ella y

las autoridades, lo que planteó la cuestión de la importancia estatal de los actos

eclesiásticos. Las decisiones preparadas por las autoridades estatales y las que ya se

civiles. Para ello fue necesaria una larga evolución de la conciencia eclesiástica de laicos

y clérigos. La década de 1920 fue testigo de la formación de la institución del matrimonio

y las relaciones familiares, acompañada de reformas en el ámbito familiar. Las fuertes

un nuevo enfoque del matrimonio y las relaciones familiares del "nuevo modelo.

Palabras clave: matrimonio; ley; religión; iglesia; ideología; actos normativos.

The study aims to review the regulation or marriage and family relations by the

system of legislation that governs marriage and family relations began to be created. At

the regulatory level, the legal consequences of divorce were recognized and a number

of guarantees were defined for women and children. The Ukrainian church, unlike the

church of the RSFSR, was not immediately separated from the state. Still, only a search

was made for specific relations between it and the power structures, in which the

question of the state significance of church acts was also raised. The decisions being

prepared by state bodies and those that had already been adopted were supposed to

free the church from purely civil functions gradually. This required a long-term evolution

of the church consciousness of the laity and the clergy. During the 1920s, the institution

66

Recibido: 11/05/23 Aceptado: 22/07/2023

*Uzhhorod National University, Ukraine. E-mail: vovo4ka23@ukr.net. ORCID ID: https://orcid.org/:0000-

0002-6424-6419

** Kharkiv National University of Internal Affairs, Ukraine. E-mail: judge2101@gmail.com .

ORCID ID: https://orcid.org/:0000-0001-9468-0497

*** Volodymyr Vynnychenko Central Ukrainian State University, Kropyvnytskyi, Ukraine. E-mail:

roman.xdsl@ukr.net . ORCID ID: https://orcid.org/0000-0002-2171-514X

**** Volodymyr Vynnychenko Central Ukrainian State University, Ukraine. E-mail: eduard.socio@gmail.com .

ORCID ID: https://orcid.org/0000-0002-9412-2281

***** Volodymyr Vynnychenko Central Ukrainian State University, Ukraine. E- mail: o.babak1967@gmail.com

Marriage is one of the oldest institutions, constantly evolving and under the complete

control of the state. Modern changes in the legal regulation of marriage and family

relations point us to significant changes taking place in society. However, a full-fledged

analysis of the contemporary realities of these relations is only possible with a proper

study of the historical milestones of the establishment of this institution. In particular,

given the rapidity of changes in approaches to understanding family values, we can see

that similar events took place from 1917 to 1926.

At that time, revolutionary changes also affected marital and family relations in

particular. That is why the study of this period of the formation of marriage and family

relations will enable us to master modern changes better and avoid certain shortcomings

2018) paid attention to clarifying the peculiarities of marriage and family relations of the

rural population when Ukraine was part of the Russian Empire in the period from the end

of the 19th century to 1914; O. Kokhanova (Kokhanova, 2015) within the scope of her

work paid attention to the evolution of the essence of the women's issue and ways of

solving it in the conditions of revolutionary events and the formation of Soviet statehood

in Ukraine (February 1917 - 1921), which included the issue of marriage and family

relations.

relations issues. In particular, I. Petrenko (2021) studied the issue of marriage and

family relations in terms of bigamy. In addition, А. Morozova (Morozova, 2020),

o

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of marriages and births" (Lakhach, 2005, p. 80). However, such changes did not take

place in the Ukrainian state, which from 1918 to 1921, fought for the establishment of

sovereignty in the wars of liberation. Therefore, unlike Bolshevik Russia, the Ukrainian

church was not immediately separated from the state. However, only a search for

specific relations between it and the power structures was carried out, in which the

question of the state significance of church acts was also raised. The decisions that were

prepared by state bodies and those that had already been adopted were supposed to

gradually free the church from purely civil functions, which required a long-term

Peasants' Government of Ukraine, "On the Separation of the Church from the State and

of domestic use in marriage and family relations, which at the time were based on a

"religious" worldview, all kinds of outdated habits and prohibitions (Lakhach, 2005, p.

80).

"On the organization of departments of records of civil status acts," the task of its

implementation was entrusted to the Central Office of the People's Commissariat of

Internal Affairs, to local (county, parish, city or district in large cities) and district sub-

departments of records acts of civil status at the departments of internal affairs, and

later - at the management departments of the executive committees of the councils

(Lakhach, 2005, p. 80).

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born in marriage. In addition, the procedure for registering a newborn child was also

progressive for that time. Paternity was registered based on the application of the father

and mother, who were married. Registration of paternity of illegitimate children was

carried out in court if the father of an illegitimate child refused or evaded applying

paternity. This amendment in the legislation guaranteed the protection of the rights and

freedoms of children born in marriage and those born out of wedlock.

marriage in the RAGS bodies. The introduction of civil marriage and the abolition of the

church form of marriage was carried out according to the principle of separation of the

church from the state.

On February 20, 1919, the Ukrainian SSR "On Divorce" Decree was adopted. This

Decree at the regulatory level established the right of individuals to divorce and

regulated the procedure and procedure for its implementation. Also, this normative act

recognized as null and void the divorce performed by the church.

The divorce procedure required applying to the local authorities of the State Statistics

Service. However, since in the newly created state, these bodies could not fully cover

the entire controlled territory, the divorce procedure provided for an alternative appeal

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It is characteristic that during the organization of the RAGS institutions in their

documents, it was noted that this is happening for the second time in Ukraine since the

Statistics Service to the results of continuous two-year work on organizing "citizen

registration" in neighboring Russia. Taking into account some lessons from "local" life,

the experience of the Russian Republic, they had to take care of a careful attitude to

everything that could facilitate the implementation of the corresponding reform in

Ukraine (Lakhach, 2005, p. 81).

Further changes in the Ukrainian SSR's normative regulation of marital and family

Family Code of Ukraine.

based on the same principles that were the basis of the first decrees: "On Marriage,"

"On Divorce."

An attempt was made to regulate marital and family relations in the Code. Based on

this, it consisted of 3 books: "On acts of civil status," "On marriage and family," and "On

guardianship" (Family Law of Ukraine, 2018).

Investigating the issue, it is also worth emphasizing that the formation of the

regulatory framework that regulated marital and family relations in the Ukrainian SSR

was significantly influenced by the legislation of the RSFSR. In particular, this can be

traced to the fact that most Ukrainian-language sources, based on Russian-language

publications, named this Code "Code of Laws on Family, Guardianship, Marriage, and

different - "Code of Laws on Family, Guardianship, Spouse and Civil Status Acts."

Moreover, "family" and "marriage" were not used. The following words and phrases were

used in the Code: "marriage" (Ukrainian variant of the Russian word

"brachuyuschesya"), "marriage age," "payment of alimony," "impoverished mother,"

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the RAGS bodies. As we can see, in 1926, the state recognized such a marriage, but it

was necessary to go through a specific procedure. Thus, a de facto marriage could be

considered that a de facto marriage meant a long-term relationship, not a temporary

one.

marriage, several signs were worked out, which it had to meet: cohabitation;

collaborative economy; the joint upbringing of children; appropriate age; lack of close

relatives; monogamy) (Family Law of Ukraine, 2018).

A necessary amendment to the 1926 Code was the establishment, on the one hand,

of the equality of rights and obligations of spouses and, on the other hand, the

independence of spouses. At the same time, property components of family life are fixed

at the regulatory level: personal property and the joint property of spouses.

Also, the Family Code enshrines new approaches to maintaining spouses in case of

incapacity both during marriage and after divorce. Thus, at the regulatory level, such a

social guarantee as spousal alimony appears (Family Law of Ukraine, 2018).

It should be noted that the Family Code of the Ukrainian SSR of 1926 established

4.Conclusions

since there was no proper normative regulation of marriage and family relations at that

time. However, when the Bolsheviks came to power, a system of legislation began to be

created that adequately regulated marital and family relations. Positive developments in

this direction include the social security system for women and children and the

possibility of a free and simplified divorce procedure. Also, at the regulatory level, the

legal consequences of divorce were recognized, and several guarantees were defined for

women and children.