Peculiarities of the application of individual methods of protection of family rights and interests by the state registration of civil status acts

Abstract

In the scientific article, a scientific study of the peculiarities of the application of certain methods of protection of family rights and interests by the bodies of state registration of acts of civil status was carried out. On the basis of the above scientific research, the scientific article determined that the bodies of state registration of acts of civil status carry out the protection of family rights and interests of participants in family relations, both indirectly, by implementing the relevant court decision, and directly, by applying the appropriate methods of protection.

In the first case, the basis for taking appropriate registration actions by the civil status act registration body is a relevant court decision, which recognizes the absence of a relevant event previously registered by the civil status act registration body at the time of registration, or the presence of an event that indicates the need for cancellation a previously performed registration action (for example, in the case of the execution of a court decision declaring a marriage invalid, unconcluded or fictitious) or its change (execution of a decision to renew a marriage in connection with the cancellation of a court decision to recognize a person as missing or declared dead, execution of a court decision on establishing the origin of the child in case of a dispute about it, on adoption, its invalidation or cancellation, on deprivation of parental rights, their renewal). In such a case, the state registration body of civil status acts executes the court decision, which has applied such protection methods as annulment of family legal relations, renewal of family legal relations in connection with the cancellation of the court decision on recognition of the missing spouse as absent or declared dead; establishing a family legal relationship in connection with the determination of the child's origin by the court; change of family relationship.

In the second case, the body of state registration of civil status acts independently applies the following methods of protection of family rights and interests: annulment of the family legal relationship by annulment of the legal record of marriage, which is invalid; termination of a family relationship, which appears to be available to the relevant authorities to dissolve the marriage at the request of a spouse who does not have children or at the request of one of the spouses in the event that the other spouse is recognized as missing or declared dead due to the drawing up of a certificate of divorce; establishment or change of the parental legal relationship by drawing up a record of the child's birth or making changes to it..