THEORETICAL AND LEGAL ASPECTS OF THE CONCEPT OF “FICTITIOUS MARRIAGE”

Abstract

In recent decades, the procedure of concluding a fictitious marriage, which by its legal nature violates legal norms, has become more widespread. Fictitious marriage is often a tool for achieving selfish goals. Despite the popularization of this phenomenon, the legislation still does not have clearly defined legal norms that would regulate this type of marriage relationship. This allows persons to enter into a fictitious marriage to achieve personal needs: obtaining citizenship, the ability to travel abroad, housing, and so on. Popularization of fictitious marriages is based on the fact that such an act does not provide for either administrative or criminal liability. Absence in the legislation of legal responsibility for the conclusion of a fictitious marriage allows the spread of such a process, which negatively affects the institution of family law, the country’s economy and society in general. Are researched the legal nature of fictitious marriage, the reasons for the emergence and spread of fictitious marriage, the definition of the concept of “fictitious marriage”, the signs of fictitious marriage are listed, the reasons for concluding in modern conditions, are determinded the analysis of punishment for concluding a fictitious marriage abroad is carried out, the grounds, the list of possible consequences of concluding such a marriage, legal regulation of fictitious marriage by current legislation, are noted analyzed the practice of the court in cases of declaring a marriage fictitious, the common problems of proving the fictitiousness of marriage. It is concluded that a marriage that is made without the intention to start a family is fictitious, and the motives for such a marriage have no legal significance. A fictitious marriage takes place for the realization of certain personal needs. In this case, it is necessary to provide for liability for such marriages. It would also be expedient to expand the scope of powers in the legislation of Ukraine in order to prove the conclusion of a fictitious marriage.