In the opinion of the representative of the party concerned, considering that said norms of the Matrimonial and Family Code contradict Article 38 of the Constitution, the validity of the Constitution should be transferred back to 15 August 1987, i.e. back to the time when those factual matrimonial relations appeared. The representative of the party concerned also reasons that if church wedding had been contracted in 1945, it would not mean, however, that the validity of Article 38 of the Constitution would be possible to transfer several decades back. It becomes unclear in that case, which from the two marriages shall be certain and valid and which shall be not. Sometimes polygamy may be artificially created in such manner, which is by no means permissible. Therefore, the representative of the party concerned maintains that said norms of the Matrimonial and Family Code contradict Article 38 of the Constitution only in cases when church wedding has been contracted only after the enforcement of the new Constitution.
Legal relations appear only on the grounds prescribed by valid laws.
In legislation, adoption of retroactive norms of laws is an exception. This occurs only when the law itself specifies its retroactive validity, or when laws nullifying the punishability for acts or administrative responsibility, or mitigating the punishment or administrative penalty. In other spheres of law, adoption of a retroactive law can have a negative impact on persons' rights. A retroactive law intrudes into the sphere of regulation of the law which was earlier in effect and changes persons' rights and duties prescribed by a previous law. Due to this, legal consequences appear which may be favourable for one party and unfavourable for another.