THE CONFLICT OF LAWS ISSUES REGARDING MARRIAGE REGISTRATION IN PRIVATE INTERNATIONAL LAW

Abstract

The article analyzes the legal regulation of marriages involving a foreign element. The researchers propose definitions of civil and religious marriage, dividing states into three groups: those that recognize only civil marriages, only religious marriages, or both forms. The study covers formal and material conditions for marriage in Ukraine and abroad, their legal nature and application in the context of private international law. Special attention is paid to conflict-of-law regulation, which is carried out at three levels: international conventions, bilateral treaties of Ukraine, and national legislation. The analysis covers two main international documents: the 1962 UN Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (New York) and the 1978 Convention on Celebration and Recognition of the Validity of Marriages (The Hague), to which Ukraine has not acceded. The conventions define the main connecting factors for regulating marriage conditions: lex loci celebrationis, lex nationalis, and lex domicilii, which helps eliminate legal conflicts. The bilateral agreements between Ukraine and several states, which also apply these connecting factors, have been studied. The peculiarities of Ukrainian national legislation are examined through the provisions of the Family Code of Ukraine and the Law of Ukraine "On Private International Law". The article highlights the mandatory nature of the norms regulating marriage, where parties do not have the right to choose the legislation governing the marriage. The conclusions emphasize the three-level conflict-of-law regulation of marriage and the methods of conflict regulation of marriage based on the use of connecting factors. Furthermore, attention is drawn to the importance of adapting Ukrainian legislation to European standards, particularly through the ratification of key international conventions in the field of marital relations.