The marriage contract is terminated in the event of the death of one of the spouses.

Also, Article 35 of the Law “On MDA” defines the relations of local state administrations with local self-government bodies of territorial communities and their officials. According to the article, “local state administrations in the relevant territory interact with village, settlement and city councils, their executive bodies and village, settlement and city mayors, assist in the exercise of their own powers of local self-government, in particular in addressing economic, social and cultural development. relevant territories, strengthening the material and financial base of local self-government, control the implementation of the powers granted to them by law by executive bodies, consider and take into account in their activities proposals of deputies, local self-government bodies and their officials …

In case of consideration by the local state administration of issues that affect the interests of local self-government, this shall be notified in advance to the relevant local self-government bodies.

Representatives of these bodies and officials of territorial communities have the right to participate in the consideration of such issues by the local state administration, to express comments and suggestions.

Heads of local state administrations, their deputies, heads of departments, divisions and other structural subdivisions of local state administration or their representatives have the right to be present at meetings of local self-government bodies and to be heard on issues related to their competence.

Local state administrations do not have the right to interfere in the exercise of local authorities‘ powers.

In order to implement joint programs, local state administrations and local self-government bodies may enter into agreements, establish joint bodies and organizations. "

On the other hand, in accordance with the Law "On Local Self-Government in Ukraine", some powers of executive bodies are delegated to the writing my lab report executive committees of city councils. Based on paragraph 2 of Art. 11 of this Law, the executive committees during the exercise of the powers delegated to them are under the control of the relevant executive bodies. This means that they exercise a certain amount of executive power, ie belong to its subjects.

That is, powers are delegated to each other, not only from local governments, but also to them, which contributes to a balanced combination of general state and local interests.

Conclusions

Thus, concerning the regional state administration, the following short conclusions can be made:

The regional state administration is one of the subjects of administrative (state-administrative) law, because it carries out activities for the management of social relations, referred to its competence by the legislation of Ukraine; The concept, legal status, powers, purpose and principles of the regional state administration are enshrined in the Constitution and relevant Laws of Ukraine. First of all, these are the Laws “On Local State Administrations” and “On Local Self-Government in Ukraine”, as they enshrine the basic division of executive power on the ground. The regional state administration is a component of the hierarchy of state power and executive power exercises in accordance with the administrative-territorial division of Ukraine. It is designed to protect the rights and legitimate interests of citizens and the state, to ensure comprehensive socio-economic development of the territory and the implementation of public policy in the areas of governance defined by law. The regional state administration operates on the principles of legality, publicity, combination of national and local interests, interaction with the relevant representative bodies and local governments.

19.09.2010

Marriage contract (contract): concepts and features

Under the marriage contract, the spouses are given the opportunity to settle property relations in their own opinion

The legal basis for the application of a certain property regime may be the law of the state or a marriage contract (contract).

It can determine the status of premarital, marital property of the spouses and its division in case of divorce. In states where there is a "common law family", the role of the marriage contract is played by the institution of trust property (trust).

The legislation of many states provides for the procedure for concluding a marriage contract. It usually requires the presence of both parties and notarization of their signatures (Article 1410 of the Civil Code of Germany). Sometimes the presence of representatives of the parties is allowed (Article 1294 of the French Civil Code). In countries where there is no legal property regime, spouses are required to enter into a marriage contract.

The right to enter into a marriage contract

Article 92 of the IC of Ukraine discloses the provisions of Article 9 of the IC on contractual regulation of family relations. The idea of ​​contractual regulation of property relations between spouses has matured for a long time, although public opinion did not accept it at all. At the same time, the unconditional rule of Art. 22 of the Code of Civil Procedure – "property acquired by the spouses during the marriage, is its joint joint property" – did not suit many.

In 1992, the Marriage and Family Code of 1969 was amended by Art. 271 "The right of spouses to enter into a marriage contract". However, this article. did not solve the problem, but only began to solve it, at the same time it was ambiguously interpreted, which became an additional obstacle to its application.

The procedure for concluding a marriage contract, approved by the resolution of the Cabinet of Ministers of Ukraine of June 16, 1993 at No. 457, finally confused the situation.

The chapter "Marriage Contract" of the new IC of Ukraine provides much more complete and accurate legal regulation. The legalization of legal terminology also took place: "agreement", not "contract".

The right to enter into a marriage contract in Art. 92 SC is provided not only to brides, but also to those who have been married for a long time.

If the marriage is registered with a minor (from 14 to 18 years old), the consent of the parents or guardian is required to conclude a marriage contract with him. Parents and guardians can protest both against the marriage contract in general and against its terms. The refusal of a parent or guardian to consent to a marriage contract may be challenged in court.

The content and form of the marriage contract

The marriage contract regulates property relations (rights and obligations) and only property rights between the spouses or between those who have been married for a long time determine their property rights and obligations.

The marriage contract may grant the relevant property rights not only to the wife or husband, but also to their children and others. relatives. That is, the marriage contract may have elements of the contract in favor of a third party.

In Part 4 of Art. 93 of the Criminal Code prohibits only those conditions of the marriage contract that would put one of the spouses in an extremely disadvantaged financial position. Thus, the terms of this agreement may worsen the position of one of the spouses, compared to what is in the law, but only to a certain extent.

Conditions that are contrary to the rights of the child may not be included in the marriage contract. The transfer of the child to the use of living space may be determined, etc. property, and the amount and procedure for recovery of alimony.

In the marriage contract, the person with whom the child lives cannot waive the right to enforce child support.

The procedure for concluding a marriage contract provided for the possibility of transferring ownership of real estate under this agreement. If, for example, a husband wants to give his wife a house, it must be formalized by a contract of gift and cannot be one of the conditions of the marriage contract.

Since the marriage contract is an act of free will, the parties may include in it other conditions of a property nature, which do not contradict the general principles of regulation of family relations, as defined in Art. 7 SC.

Despite certain psychological and emotional reservations, the marriage contract performs an important educational, disciplinary function, and therefore the expansion of the practice of its conclusion deserves support.

If, for example, the contract states that in the event of alcohol abuse or unwillingness to participate in the household, the husband will be deprived of the right to live in the wife’s home, such an unpleasant prospect will encourage him to behave properly in the family.

As for the form of the marriage contract, the law requires a written form certified by a notary. No other official or official can certify such an agreement in Ukraine. However, it should be borne in mind that such strict conditions of the marriage contract a man may not accept, refusing to marry at all.

St. 94 of the IC does not determine the consequences of non-compliance with the requirement of notarization of the contract. In this situation, the subsidiary application of Art. 220 of the Civil Code of Ukraine.

Beginning and terms of the marriage contract

The moment of concluding a marriage contract and the beginning of its validity may not coincide. The contract is concluded before the registration of the marriage, enters into force on the day of registration of the marital status of the spouses, concluded by the spouses, enters into force on the day of its notarization. It is possible that the entry into force of the marriage contract or part of its terms may be related by the parties to the adjournment.

A suspensive circumstance is one in which it is not known in advance whether it will occur or not. Until the adjournment occurs, the entire contract or part of it seems to be dormant. As soon as it occurs, the rights and obligations under the contract take effect in full. Such a deferral condition may be divorce, separate residence, etc.

Sometimes the peculiarity of the marriage contract may be that its effect should begin only in the event of divorce.

As a rule, the parties do not determine the duration of the marriage contract, although they can agree on this. The parties may determine the duration of a particular property right, such as the period of residence of the spouse after the divorce or the period of validity of the alimony right of one of them.

The marriage contract is terminated in the event of the death of one of the spouses. That condition of the marriage contract, which gives the wife or husband the right to live in the apartment for life (ie personal easement), imposes a corresponding obligation on the deceased’s heir.

Definition of the legal regime in the marriage contract

The marriage contract may specify the property that one of the parties to the spouse transfers for use for the joint needs of the family, as well as the legal regime of the property donated by the spouse in connection with the registration of the marriage.