RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of December 21, 2007 No. 11

About practice of application by courts of the legislation by hearing of cases on the right to marriage, annulment of marriage, recognition its invalid and the Section of common property of spouses

Due to the adoption of the Family code of Ukraine (further - SK) and entering of essential changes into regulations of the substantive right which regulate legal relationship concerning the conclusion, the termination of scrap, recognition its invalid and property rights of spouses, for the purpose of ensuring the correct and identical application of the legislation during the solution of cases of this category Plenum of the Supreme Court of Ukraine DECIDES to make to courts such explanations:

1. By hearing of cases which arise in connection with the conclusion, the scrap termination, and also on other family relations it is necessary to proceed from provisions of the Constitution of Ukraine, regulations of SK, the Code of civil procedure of Ukraine (further - GPK), the Law of Ukraine of June 23, 2005 N 2709-IV "About private international law" and other regulatory legal acts which govern the family relations.

According to Art. 11 of SK in case of dispute decision the court according to the statement of the concerned party can consider local custom, and also custom of ethnic minority which the parties or one of them treat if they do not contradict requirements of this Code, other laws and moral bases of society.

2. The statement for provision to person who reached fourteen years of the right to scrap (Art. 23 of SK) shall be considered by court in separate production (the p. 3 of the Art. 234 GPK).

At the same time in case one are recruited or both parents (adoptive parents) of the minor, the guardian, person with whom scrap registration, and also other interested persons is provided.

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