CORRELATION OF PROVISIONS OF SECTION III OF BOOK I OF THE CIVIL CODE OF UKRAINE WITH THE OTHER PARTS OF THE CIVIL CODE OF UKRAINE, CONSTITUTION OF UKRAINE AND SPECIAL ACTS

Abstract

The adoption of the Civil Code of Ukraine in 2003 was marked for civil legislation as the emergence of the new Section III “Objects of the Civil Law” of Book I of the Civil Code of Ukraine, which was unknown by the civil legislation before. In approximately two decades there appeared the question as to the effectiveness of provisions of such section in the whole system of normative regulation of civil relations in the course of recodification (update) of the civil legislation. The analysis of the place and setting of provisions of Section III of Book I of the Civil Code of Ukraine in the coordinate system of legal regulation of civil relations, to which this article is dedicated, is carried out in two directions: vertical and horizontal. The vertical direction is called to analyse the correlation of provisions of Section III of Book I of the Civil Code of Ukraine with regard for the hierarchy of acts of civil legislation namely with the Constitution of Ukraine as the act, which is a basis of the civil legislation and special acts. The horizontal direction of analysis anticipates the correlation of provisions of Section III of Book I of the Civil Code of Ukraine with the other provisions of the Civil Code of Ukraine (in particular, Book II–VI), which ensure the legal regulation of specific spheres of civil relations. Such vector of analysis of the raised question is caused by the fact that the question of legal regulation of relations regarding the object cannot be limited exclusively by Section III of Book I of the Civil Code of Ukraine because there are no object legal relations. Therefore, Section III of Book I of the Civil Code of Ukraine, which determines only general provisions about the object of civil legal relations on object matters, is only the beginning and basis for the legal regulation of relations regarding object. Such regulation is determined where the regulation of civil relations is determined. This article proves the key position that normative regulation of civil relations regarding the object of civil rights is to be structured without double-counting of normative provisions as well as with a clear understanding of which norms intrinsically are to be placed in the definite normative legal act according to its hierarchy. This will ensure the effective and complex legal regulation of civil relations, but not the formation of a significant regulatory framework, which, mainly, doesn’t bear any regulatory loading.