The purpose of the research. The article is concerned with researching relations between private and public law in Ukraine.Main content. The historical aspect of this problem and the substantiation of its current relevance for Ukraine are analyzed. Methodology: Review of materials and methods on the basis of analyzing documentary materials concerning problems of mutual relation and interdependence of private and public law. Conclusions. The optimal balance of private and public interests can be achieved by considering the problem of mutual relation and interdependence of private and public law in a dualistic aspect. Opposition of public and private interests in state regulation by legal means is unacceptable, since it is through streamlining the public-legal regulation of public-legal relations that it is possibleto achieve an optimal ratio of public and private interests.
Under the conditions of martial law, the existing contractual activity in Ukraine was actually divided into: contracts concluded before the beginning of martial law and after its introduction. The peculiarity of the application of force majeure for domestic business entities during martial law is the occurrence of its circumstances mainly for both parties. Each type of contract concluded between the parties, as a rule, contains provisions on the actions of the parties that must be taken under force majeure circumstances and the consequences that will follow for the parties regarding the fulfillment of contractual obligations with the use of force majeure. The military aggression of the Russian Federation against Ukraine has affected almost all spheres of human life in Ukraine, including the possibility of fulfilling civil obligations. It is assumed that for these reasons, a large number of civil law agreements concluded in Ukraine will not be properly implemented, the conditions will be changed, and in other cases, in general, the termination of the agreement. In this regard,there is a need to investigate the consequences of non-compliance with civil law obligations due to martial law in Ukraine. If the parties have not agreed to bring the agreement in line with the current circumstances of martial law, which have changed significantly, the agreement may be terminated on the grounds established by the Central Committee of Ukraine, amended by a court decision at the request of the interested party. the moment of concluding the contract the parties assumed that such a change of circumstances will not occur; the change of circumstances is due to reasons that the interested party could not eliminate after their occurrence with all the care and diligence required of it. Legal regulation of the legal consequences of significant changes in the circumstances that exist when concluding a contract is usually based on one of two key principles of contract law: the principle according to which contracts must be performed (pactasuntservanda), or clause (clausularebussicstantibus). The legislation of foreign countries contains norms according to which «a change of circumstances may justify a change in the contract, when the preservation of the contract in its original form leads to extraordinary results, incompatible with justice». The main consequences of a significant change in the circumstances that guided the parties in concluding the contract are: - actually change the contract, ie change the terms of the contract (and as a consequence - the obligations between the parties) while maintaining the contract in force; – and termination of the contract by agreement of the parties
A pandemic, a war, an unstable economic situation - all this leaves its mark on the relationship of married couples. Some overcome crises together and stay married, while others choose divorce for themselves.Applications for divorce from Ukrainians are pouring in from all sides. But the number of official divorces last year halved compared to 2021. For example, in March-December 2022, 11,511 fewer families broke up than in the same period of 2021. This is reported by the Ministry of Justice of Ukraine.Depending on the circumstances, Ukrainian legislation provides that a marriage is terminated as a result of its dissolution, in accordance with Article 104 of the Civil Code of Ukraine.Martial law is not an obstacle to dissolution of marriage, since marital relations are based on voluntariness. Therefore, despite the state of war in Ukraine, the right to terminate a marriage cannot be limited. The same rules and norms apply as they were until February 24, 2022. It is important that divorce proceedings go through the court in those cases where there are minor children, where it is necessary to divide property or if one of the parties does not want a divorce. If there are no children, there is nothing to divide, and the spouses agree to divorce, it is possible to divorce without a court – simply by submitting an application to the State Register of Civil Service (or Tsnap). But even such a «simple» divorce in the conditions of war can turn into problems.Before the full-scale war, the issue of divorce, if one of the spouses was in the occupied territory, was resolved as follows: one of the spouses came to the nearest city in the territory controlled by Ukraine and made a notarized application to the RAC to dissolve the marriage. Then he would pass this statement on to the other spouse and return home.If the law allows a couple to divorce only through court proceedings, the first thing to do is to determine the court to which you can apply.As a general rule, a lawsuit for divorce is filed in the court at the registered place of residence of the defendant
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