CANONICAL MARRIAGE IN CERTAIN FOREIGN COUNTRIES: PROBLEMS AND PROSPECTS FOR ITS RECOGNITION IN UKRAINE

Abstract

Background. The article examines the peculiarities of recognition of canonical (religious) marriages, the procedure for their conclusion and the consequences thereof in the legislation and law enforcement practice of certain foreign countries, and the conditions and restrictions for the conclusion of such marriages. The author formulates conclusions and proposals for improving the national system of legal regulation of family relations.  
Methods. In the process of determining and analysing the transformation of the normative recognition of religious marriages and their consequences in the legislation, legal doctrine and judicial practice of certain foreign countries, the author uses general philosophical and special legal methods of studying social regularities, legal phenomena and legal categories.  
Results. The analysis of the correlation between canonical and secular marriages in the legislation of certain foreign countries allows identifying various approaches and options for regulating marriage relations. Each country has its own rules and regulations that determine the forms and conditions of marriage, its recognition and termination. Both traditional and modern models of marriage are distinguished, taking into account religious, cultural and social aspects that affect family relations. National traditions and religious peculiarities of a particular state play an important role in the process of recognising canonical marriages. In many European countries, both canonical and secular marriages are recognised. Such recognition also occurs in Australia, Israel and the Middle East, and in some cases in the United States. In Ukraine, however, only marriages registered with the relevant state authorities are recognised as official.  
Conclusions. Implementation of European integration trends in the development of national family law, including family relations complicated by a foreign element, involves not only recognition and legalisation of various forms of marriage unions, but also consideration of historical, cultural and religious peculiarities of society and free will of the bride and groom to choose the form of marriage, one of which may be the canonical form. This form of marriage is fully justified if it is consciously chosen by the future spouses. Such a choice should be based on the provisions of family law, which needs to be improved and provisions should be made allowing for both civil and religious forms of marriage.