Ruslan Stefanchuk spoke about the main directions of updating the Civil Code of Ukraine
03 March 2021, 11:55
"The implementation of the recodification of the Civil Code of Ukraine follows from the logic of further transformation of society, in particular - the formation of a real and efficient market economy as an integral part of civil society and European integration of all components of society," explained the First Vice Speaker of the Parliament of Ukraine.
According to him, first the working group was set up at the Ministry of Justice of Ukraine to work on the recoding of civil legislation governing the "person" - "person" relationship."It includes well-known civilians who have been involved in civil law all their lives, and practitioners. Together we created a draft Concept for updating the Civil Code of Ukraine. On the basis of this Working Group, the corresponding working group was formed at the Parliament of Ukraine, which included scientists, practitioners and professional parliamentary lawyers. We have formed and set out in the draft Concept of the general vision what needs to be changed in the civil law," the politician said.
Ruslan Stefanchuk told about the main directions of work on the draft Concept of updating the Civil Code of Ukraine. First of all, the First Book, which regulates the general provisions of the Civil Code of Ukraine, is undergoing serious changes. According to the First Deputy Chairperson of the Verkhovna Rada of Ukraine, certain changes are planned to be made to the Second Book of the Civil Code of Ukraine "Personal Intangible Rights". The First Vice Speaker of the Parliament of Ukraine spoke about a number of approaches related to the update of the third Book "Property Law", taking into account the experience of domestic and foreign codifications and increasing the range of "property" issues. In particular, in addition to the types of rights to someone else's property specified in the current code - easement, emphyteusis and superficies, it is proposed to provide such types of limited property rights as: usufruct, real estate encumbrances, preemptive right to purchase land, property right of expectation. Also, according to him, the fourth Book of the Civil Code of Ukraine "Intellectual Property Law" is undergoing significant changes. Ґ The politician noted that the largest fifth Book of the Civil Code of Ukraine "Obligatory Law" is also undergoing significant transformations.
“We propose to implement new contractual constructions into the national legislation, which are currently absent in the Civil Code of Ukraine, but have proved themselves well in the civil codes of other states. At the same time, it is expedient to consider the exclusion from the Civil Code of Ukraine of some institutions of contract law, which have survived since the functioning of the administrative-command economy. The sixth Book of the Civil Code of Ukraine "Inheritance Law" is also undergoing significant changes. We will introduce innovations that have already tested themselves in civilized countries," the politician said.
In addition, according to Ruslan Stefanchuk, the issue of including issues related to private international and family law in the Civil Code of Ukraine will be resolved.