Features of civil law regulation of family relationships in war conditions: problems and prospects

Issue: № 9, 2025

Doi: https://doi.org/10.37634/efp.2025.9.7

The paper examines the civil-law regulation of family relations in Ukraine under the conditions of full-scale war that began in 2022, with a particular focus on the dynamics of marriage and divorce registrations from 2022 to 2024. It analyzes the legal framework provided by the Constitution of Ukraine, the Family Code, and the Civil Code, highlighting how these instruments ensure the protection of family members’ rights, stability of marital relations, and the proper allocation of property and non-property obligations. The study emphasizes the importance of voluntary consent, legal age, absence of prohibitions, and state registration as key elements for ensuring legal effectiveness and the protection of spouses’ rights. Demographic and socio-economic analysis revealed that since the outbreak of full-scale war, the number of marriages has declined significantly, from 222,89 thousand in 2022 to 186,05 thousand in 2023 and 150,21 thousand in 2024, representing a decrease of 16.5% and 19.3% respectively. This trend reflects the influence of crisis conditions, including population mobilization, temporary displacement, and uncertainty about the future, on family formation and decision-making processes. The paper also discusses problems in resolving family law issues during wartime, such as inconsistencies between Civil and Family Code provisions, limitations on the exercise of children’s and dependent members’ rights, and delays or reluctance in concluding marriages. The analysis underscores the necessity of harmonizing legislation, developing mediation mechanisms, and strengthening state policies to support families under extraordinary conditions, with consideration of the best interests of children and vulnerable family members. Overall, the study contributes to a better understanding of family law adaptation under extraordinary circumstances and provides recommendations for improving the legal framework, ensuring family stability, and protecting rights in times of crisis and war.

Keywords : civil-law regulation, family relations, marriage, divorce, parents’ rights, children’s rights, war, legal protection

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