Режим окремого проживання подружжя та його правові наслідки

Abstract

Проаналізовано порядок та підстави встановлення режиму окремого проживання подружжя за законодавством України. Досліджено наслідки застосування такого режиму та проблеми, що виникають при його встановленні. Обґрунтовано думку, що режим окремого проживання подружжя є одним з можливих шляхів збереження шлюбу.

The article analyzes the procedure and grounds for establishing the mode of separations pаuses regime under the laws of Ukraine. Investigated the implications of such a regime and the problems that arise when installing it. The possibility of using separation as a mode of separate residence of the spouses is enshrined in article 119 of the Family code of Ukraine, according to which the decision to establish for the spouses of the individual accommodation is granted to spouses in a joint statement or action of one of the min court in case of impossibility or unwillingness of the wife and (or) her husband live together. Despite the fact that the mode of separate residence generates enough serious legal consequences, the will of the initiator of the establishment of such a regime must be justified and supported by valid reasons. The implications of the mode of separate residence affect, primarily, the establishment of paternity and the determination of the legal regime of property acquired during separation. The impact on article 120 of the Family code include the establishment of property acquired by husband and wife after separation, the regime of private property of each of them, and that a child born by the wife after the expiration of ten months since the establishment of a separate residence, will not be deemed derived from her husband. Therefore, based on the above, the article concludes that establishing a separate residence is one of the possible ways to save a marriage.

Considered regulations governing the grounds and procedure for inspection of drivers in the state of alcoholic, narcotic or other intoxication or being under the influence of drugs that reduce the attention and speed of reaction, which include the Code of Ukraine on Administrative Offences (Article 266 ) and subordinate regulations. Law enforcement deficiencies detected in this area, which include certain imperfections legislation review drivers to determine the influence of drugs or being under the influence of drugs that reduce the attention and speed of reaction, which is the lack of technical ability of the police to check on the driver state of narcotic intoxication or being under the influence of drugs that reduce the attention and speed of reaction and specially equipped mobile units (vehicles) owned health facilities and meet the requirements set by the Ministry of health to review the state of intoxicated drivers place to stop in practice no. This prevents prosecution of the offender. Having examined the legal basis and the procedure for examination of drivers in the state of alcoholic, narcotic or other intoxication or being under the influence of drugs that educe the attention and speed of reaction, provided suggestions for improvement, namely the introduction of specially equipped mobile stations (cars) owned health facilities and meet the requirements set by the Ministry of health as required by law or by changes to the referral drivers for the review to identify the influence of alcohol, drugs or other intoxication or being under the influence of drugs that reduce the attention and speed of reaction, and conduct such a review. And even better to implement two measures as if these movable points will be missed, there is a question of wait time of their arrival and status of the person during such expectations when it is actually limited mobility.