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Legal Regulation of Civil Partnership in Ukraine: Prospects and Challenges

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

i

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Publication date: 10.06.2024

Legal Regulation of Civil Partnership in Ukraine: Prospects and Challenges

 

Introduction

 

Civil partnerships are a legal form of cohabitation that provides unmarried couples with certain rights and obligations. In many countries around the world, civil partnerships have long existed as an alternative to marriage, including for same-sex couples. In Ukraine, the issue of legalizing civil partnerships is currently the subject of active debate. In this article, we will consider the legal regulation of civil partnership, its prospects and challenges faced by Ukrainian society.

 

Current state of legal regulation

 

As of today, civil partnerships are not officially recognized by any legal act in Ukraine. The lack of legal regulation of this issue creates a number of problems, in particular:

 

Lack of legal protection for partners:

  • Partners do not have legally recognized rights to joint property, inheritance, social protection, etc.

 

Limited access to medical and social services:

  • Partners cannot make medical decisions for each other or receive information about their partner's health.

 

Lack of legal regulation for same-sex couples:

  • Same-sex couples cannot officially register their relationship.

 

Prospects for implementing civil partnerships

 

Legislative initiatives

 

The issue of the need to introduce the institution of civil partnership has been repeatedly raised in Ukraine. Among the key 

proposals:

 

Draft laws on civil partnerships:

  • Drafting laws that provide for the registration of partnerships as a legal act that grants rights and obligations similar to marriage.

 

Amendments to the Family Code of Ukraine:

  • Include provisions on civil partnerships in the current Family Code.

 

International experience

Studying the experience of other countries can be useful for Ukraine. For example:

 

European countries:

  • Many European countries have already introduced the institution of civil partnership, providing rights to joint property, inheritance, social guarantees, etc.

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USA:

  • In some US states, civil partnerships were introduced even before same-sex marriage was legalized at the federal level.

 

Challenges on the way to implementation

 

Social and cultural barriers

 

Social stereotypes:

  • There is considerable resistance from a part of society associated with traditional views of marriage and family.

 

Religious beliefs:

  • Some religious organizations oppose the legalization of civil partnerships, arguing that it violates traditional values.

 

Political challenges

 

Lack of political will:

  • The issue of civil partnerships often becomes a subject of political speculation, which makes it difficult to consider it at the legislative level.

 

Legal uncertainty:

  • Lack of a clear legal framework for regulating civil partnerships.

 

Conclusion.

 

The introduction of civil partnerships in Ukraine is an important step towards ensuring equal rights for all citizens, regardless of their sexual orientation or marital status. This will require not only legislative changes, but also broad public support and overcoming existing stereotypes.

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