Publication date: 30.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
In the rapidly evolving modern world, technology plays an increasingly significant role in everyday life. One area that has undergone significant changes due to digital innovations is the institution of marriage. Online marriage is becoming increasingly popular in various countries, including Ukraine. This article explores the legal aspects of online marriage and analyzes the prospects for its development.
Legal Framework for Marriage in Ukraine
In Ukraine, marriage is regulated by the Family Code of Ukraine (FCU). According to Article 21 of the FCU, marriage is a family union between a man and a woman, registered with a state civil registration authority (CRA). An important condition for marriage is the voluntary consent of both parties.
Article 14 of the FCU states that marriage is registered in the presence of the individuals wishing to marry. Traditionally, this procedure takes place physically at the CRA. However, the development of technology and changes in society necessitate the adaptation of legislation to new realities, including the possibility of online marriage.
International Experience
Some countries have already implemented the procedure for online marriage. For example, in the USA, particularly in the states of California and New York, legislation allows marriage via videoconference. These changes became especially relevant during the COVID-19 pandemic, when many people could not be physically present at the ceremony due to quarantine restrictions.
Legal Aspects of Online Marriage in Ukraine
Currently, Ukrainian legislation does not provide for the possibility of online marriage. However, in the context of the digitalization of public services and the growing popularity of e-government, this issue is becoming increasingly relevant.
One of the main aspects that require regulation is identity authentication. To ensure the legitimacy of the marriage, it is necessary to develop mechanisms that guarantee both parties are who they claim to be and that their consent is voluntary. This may include the use of electronic digital signatures (EDS), video identification, and other technologies.
Development Prospects
Implementing online marriage has several advantages. Firstly, it will increase the accessibility of this service, especially for people living in remote areas or abroad. Secondly, it will promote the digitalization of public services and reduce bureaucratic procedures.
However, there are certain challenges. It is necessary to ensure the protection of personal data, prevent fraud, and ensure that the online procedure complies with all legal requirements. It is also important to consider cultural and social aspects, as the traditional marriage ceremony holds significant value for many people.
Proposals for Legislative Changes
To implement the possibility of online marriage in Ukraine, it is necessary to amend the Family Code of Ukraine and other regulatory acts. In particular, it should provide for the use of electronic signatures to confirm consent to marriage. It is also necessary to develop a video identification procedure and ensure a reliable system for storing and protecting personal data.
Additionally, it is worth introducing control mechanisms for the online marriage process to avoid potential abuses. This could include mandatory consultations with a CRA employee via videoconference before the marriage.
Conclusion
Thus, a legal conclusion can be drawn that online marriage is an innovative approach that has significant potential to simplify and modernize the marriage registration process. Analysis of documents and legal analysis of the situation suggests that, for its successful implementation, it is necessary to develop an appropriate legal framework and ensure reliable mechanisms for identification and protection of personal data.
Ukraine, as a state that is actively moving towards digitalization, has every chance to become one of the first countries in Eastern Europe to introduce the possibility of concluding a marriage online. This will not only make life easier for citizens, but will also be an important step in the direction of modernizing public services and increasing their accessibility.
Implementation of this initiative will require close cooperation between legislators, information technology specialists and representatives of civil society. It is important that this process is transparent and takes into account the interests of all interested parties, so if you need legal advice on this issue, the help of an online lawyer or written consultation of a lawyer's consultation will help in this matter.
