The paper analyses the provisions of the Commercial Code of Ukraine, comparing them with certain provisions of the Civil Code of Ukraine and separate laws and other regulations. Considering the need to align Ukrainian legislation with the legislation of the European Union countries in legislation regarding the establishment and operation of partnerships, corporate governance, protection of shareholders, creditors and other interested parties, regarding the further development of corporate governance policy in accordance with international standards, including the gradual approximation to the rules and recommendations of the European Union in this area, it is concluded that it is advisable to abolish the Commercial Code of Ukraine by adopting the relevant law, which stipulates all necessary measures to ensure proper legal regulation of relations for the period of preparation of the relevant systemic changes to the Civil Code of Ukraine. It is proved that most of the provisions of the Civil Code of Ukraine are reference or blanket, and therefore have minimal regulatory impact and mostly duplicate the provisions enshrined in other regulations. Based on the analysis of the provisions of the Commercial Code of Ukraine, it is concluded that its provisions, given their minimal regulatory impact on business relations and considering the detailed regulation of these relations in the Civil Code of Ukraine, can be repealed without any reservations. In such settings and in order to simplify the legal regulation of business activity, as well as in view of the obligations of our country (in particular, to bring the Ukrainian legislation in conformity with the legislation of the EU countries in legislation regarding the establishment and activity of partnerships, corporate governance, protection of rights of shareholders, creditors, and other stakeholders, regarding further development of corporate governance policy in line with international standards, as well as the progressive approximation to EU rules and recommendations in this area), the expediency of abolishing the Commercial Code of Ukraine is beyond doubt

The purpose of the article is to analyse the modern contract law of Ukraine, which requires convergence with the provisions of the contract law of the countries of the European Community. The paper uses general scientific and special legal methods of scientific knowledge of private-law relations. The leading method of investigation of this issue is the modelling technique. In general, the issues of contractual regulation of private-law relations both in European Union law and in Ukraine are primarily addressed in terms of enhancing the role of the contract and shifting the emphasis from the statutory to individual regulation; strengthening the tendencies of the better legal protection of the interests of the weak side of the contractual obligation. Attention is drawn to the necessity of the introduction of a European methodology of binding law, which is reflected in the need for a combination of new and already known effective legal structures.

No abstract

No abstract

No abstract