| Article title | On the History of Development and Adoption of the Civil Code of Ukraine (2003) |
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| Authors |
Volodymyr Luts
Doctor of Law, Professor, Academician of the National Academy of Law Sciences, Honoured worker of science and technology of Ukraine (Kyiv, Ukraine) 11gaua363@gmail.com
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| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 1 / 2019 |
| Pages | 16 - 26 |
| Annotation | The article analyzes significant historical aspects seen in the process of development and adoption of the Civil Code of Ukraine in 2003 (Ukraine’s CC). The aim of this article is to recreate the prerequisites and historical stages of the development and adoption of Ukraine’s CC as the main act of civil legislation. The author notes that with a view to updating the codified legislation in the private-law domain, the Ministry of Justice of Ukraine by its order created three working groups for developing the draft Civil, Family and Economic Codes; those groups worked independently of each other and this subsequently entailed certain discrepancies in legislative solution of a range of topical issues regarding legal regulation of property and personal non-property relations, in particular, under the Civil and Economic Codes. At the same time, the author mentions that while the relevant codified acts were developed, there were discussions between civil law and economic law scholars on defining the nature of corporate legal relations and the branch to which they belong and, therefore, on the subject matter of their regulation by provisions of civil or economic law. It is stated in the article that at the early stages of project development the key task was to determine the concept of the new Ukraine’s CC, which had the form of a multi-level system, with its macro-elements placed at the top level (the idea of natural private law, correlation of natural law and law, the rule of law in the private law domain, etc.), and theories of specific institutions, their parts and separate provisions - at the bottom levels. In determining the subject of civil law regulation in Ukraine’s CC, its correlation with other branches of private law, in particular, family law became an important issue. The author also mentions that the structure of the draft Ukraine’s CC (Book Eight) envisaged certain provisions on international private-law regulation of civil relations which involve a foreign element. However, this part of the draft was excluded at the last stage of the procedure at the Verkhovna Rada of Ukraine. As the author notes, on June 5, 1997 the draft of the Civil Code of Ukraine was adopted in the first reading (230 people’s deputies voted to support it). And only January 16, 2003 became the date on which this crucially important legislative act of Ukraine – the Civil Code of Ukraine was adopted.
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| Keywords | Civil Code of Ukraine; history of adoption; development of legislation; provision of law; civil relations; concept of legal regulation |
| References | List of legal documents Edited books Journal articles |
| Electronic version | Download |