RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of May 15, 2006 No. 3

About application of separate regulations of the Family code of Ukraine by courts by hearing of cases about paternity, motherhood and collection of the alimony

For the purpose of ensuring the correct and identical application by courts of the legislation on cases on recognition or contest of paternity, motherhood and collection of the alimony, being guided by Art. 55 of the Law of Ukraine of February 7, 2002 N3018-III "About Judicial System of Ukraine", the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts that by general rules of operation of the laws and other regulatory legal acts in time (p.1 regulations of the Family code of Ukraine (further - SK) are applied by Art. 58 of the Constitution of Ukraine to the family relations which arose after their introduction in action, i.e. not earlier than January 1, 2004.

Regulations of SK are applied to the family relations which already existed for the specified date regarding only those rights and obligations which arose after their introduction in action. These rights and obligations are determined on the bases provided by SK.

2. By hearing of cases of the called categories courts shall consider that according to the item of 2 section VII "Final provisions" of SK of regulation of the legislation which regulated matrimonial legal relationship voided since January 1, 2004, except for regulations of section V "Acts of civil status" of the Code about scrap and family of Ukraine (further KOBS) which remain in force in part which does not contradict SK, before adoption of the special law.

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