PROBLEMS OF FICTITIOUS MARRIAGE IN UKRAINE

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УДК 347.962.(477:4)

ORCID: 0009-0002-1057-350X

DOI 10.37566/2707-6849-2025-1(50)-12

Inna PIVOVAR,

senior lecturer at the Department of Law and Public Administration,

Ivan Franko Zhytomyr State University

PROBLEMS OF FICTITIOUS MARRIAGE IN UKRAINE

The author has researched an article devoted to the study of the problem of sham marriage in Ukraine. Different media, press services and ordinary citizens of Ukraine have different views on fictitious marriage, but the legislator equates fictitious marriage to an invalid marriage. There is no responsibility for concluding a fictitious marriage, but there is responsibility for the consequences that such a marriage generates, that is, evasion of mobilization and military service. We believe that the categories «family» and «marriage» are equally ordinal phenomena and have an internal natural connection, so they must be considered in an inseparable internal-legal connection. The historical development of the issue, the regulation of the institution of marriage and family legal relations, has appeared since the time of Ancient Rome. The fictitiousness of marriage is very attractive to foreigners. The purpose of which is to obtain temporary or permanent residence in Ukraine, as well as the acquisition of Ukrainian citizenship using Ukraine as a transit state for the visa-free regime when entering the countries of the European Union. In such cases, the spouses, realizing their concessions and the purpose of such a marriage, receive a reward for their services in granting the status of a husband to a foreigner. According to the legislation of Ukraine, a fictitious marriage is not a basis for the emergence of persons, rights and obligations of spouses. If persons acquired property during a fictitious marriage, it is considered that it belongs to them not by the right of joint co-ownership, but by the right of joint partial ownership in accordance with the provisions of civil legislation. Therefore, in the author's opinion, it can be said that family life changes for people according to the languages and the objective situation of each of us. The court pays considerable attention to these questions about the invalidity of a marriage, if the long-term non-residence of the wife and husband and her departure from Ukraine after the marriage registration does not indicate the fictitious nature of the marriage. So, the author, having analyzed the grounds and legal consequences of a fictitious marriage under the current family legislation of Ukraine, we can establish that the «lack of intention to create a family» as a ground for a fictitious marriage in combination with the legal definition of the concept of «family» violates human rights in terms of the right to create a family, freedom from interference with private and family life, the right to freely choose one's place of residence and freedom of movement, and therefore the very principle of the rule of law is violated. I think this approach will allow us to finally resolve the issue of the relationship between a sham marriage and one concluded for selfish motives. The author also took into account today's realities, from which we can rightly state that a sham marriage should be considered not only as a sham transaction for the purpose of combating it, but also that responsibility should be strengthened, especially in cases of sham marriages for the purpose of illegal migration. Therefore, a much broader range of powers should be provided for in the legislation of Ukraine to make it possible to prove the fictitiousness of a marriage in cases where the claim for recognition of the marriage is invalid and is filed by one of the persons specified in Art. 42 of the Family Code of Ukraine – that is, those persons whose rights are violated in connection with the registration of such a marriage, primarily parents, the guardian of the child, the guardian of an incapacitated person, the prosecutor, the guardianship and trusteeship body.

Key words: family law, family legal relations, family, spouse, husband, wife, marriage, invalidity of marriage, Family Code of Ukraine.

References

Family Code of Ukraine dated January 10, 2002 No. 2947-III / Verkhovna Rada of Ukraine. Information of the Verkhovna Rada of Ukraine. 2002. No. 21–22. Art. 135. URL: https://zakon.rada. gov.ua/laws/show/2947-14#Text

Baranova L. M. Family law of Ukraine: textbook. Kyiv: Yurinkom Inter, 2009. 288 p.

 Constitution of Ukraine dated June 28, 1996 No. 254k /96-VR. URL: https://zakon.rada.gov. ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text