PROVING THE FACT OF MARRIAGE: UKRAINIAN AND INTERNATIONAL APPROACH

Abstract

The article is dedicated to a comprehensive analysis of the problems associated with proving the fact of marriage in the context of the rapid digitalization of justice and social relations in Ukraine. The relevance of the topic is driven by a significant number of legal conflicts and practical obstacles faced by lawyers and their clients in exercising the right to divorce, particularly under conditions of martial law. The central issue is the excessive formalism of the courts of first instance, which, despite the position of the Supreme Court, continue to unjustifiably demand the provision of the original or duplicate marriage certificate as the sole evidence, a practice confirmed by numerous studies conducted by the author. This requirement ignores the ontological essence of proof, where the primary factor is the fact of state registration in the relevant registries, not the paper medium. Such practice is viewed as a violation of the right to a fair trial and access to justice. Separately, the legal conflict between laws of higher legal force concerning electronic document management, which equate the Qualified Electronic Signature (QES) with a handwritten signature, and subordinate legal acts (DRACS Rules) is examined. Local DRACS bodies frequently refuse to recognize agreements signed with QES for the issuance of duplicate certificates, creating a vicious circle of obstacles for lawyers. The article analyzes international experience, where the focus is placed on registry data, as well as the necessity of eliminating technical gaps and conservatism in law enforcement in Ukraine.