INTERNATIONAL FAMILY LAW: PROBLEMS OF UNIFICATION

Abstract

The article is devoted to the analysis of Ukrainian and international legislation regarding conflict regulation of family relations with a foreign element. Modern problems of international family law are defined and analyzed using generally logical methods, such as analysis, synthesis, abstraction and generalization, as well as the comparative method, which provide an opportunity to analyze, specify, define and explain the main problematic issues of international family law. As a result of the research, it is determined that in each state, legal norms that have their ancient historical and religious roots, the presence of customs, traditions that reflect the specifics of each nationality and a certain community of people, is precisely this circumstance that prevents the unification of material and even (although significantly to a lesser extent) conflict of law norms in international family law. Differences are found in almost all institutes of family law, while the set of institutes itself coincides in many respects. Current problems of international family law related to "lame" marriages and divorces are identified, as well as problematic issues related to the exercise of the rights of spouses during divorce. The article reveals the meaning of the pan-European trend: the deployment of norms in the field of human rights to regulate family relations. Attention is paid to the place of family law in the EU Charter of Fundamental Rights. The author also addresses the issue of harmonization of family law in the European Union and unification of family law of Ukraine with EU law. The criteria for distinguishing types of family legal relations, which are subject to unification, which are subject to harmonization and which are the prerogative of the national legislator, are separately defined.

Key words: family law, spouse, foreign element, marriage, unification, harmonization.