In Ukraine, there is an urgent need to modernize civil law. Indeed, the current Civil Code is more than 15 years old, so some of its provisions are outdated.
Reports “Law and Business”.
This was stated by the judge of the Cassation Civil Court Sergei Pogrebnoy during the Kharkiv International Legal Forum.
In particular, the lawyer noted the need to address certain gaps, contradictions or shortcomings of the current code. The process of updating civil legislation should be carried out according to the principle of “recodification”: to determine effective provisions, which provide for the use of efficient means of regulating civil relations, and which ones require improvement.
As a performance criterion
the existing mechanism of legal regulation, the judge proposes to take judicial practice. In particular, court statistics show that more than 30% of cases pending by the CCC stem from credit, loan and deposit agreements. “The ambiguity of the norms, the lack of clear and understandable rules is one of the prerequisites for the emergence of numerous litigation”, S. Pogrebnoy noted.
In addition, he is convinced that the institution of the obligation to compensate for harm needs to be improved. In particular, it is necessary to introduce new rules in relations with the public law element, when the damage is subject to compensation by the state or local government.