PROSPECTS OF UPDATE OF THE CIVIL CODE OF UKRAINE PROVISIONS ABOUT A NATURAL PERSON IN THE RECODIFICATION PROCESS

Abstract

The article analyzes the issue of civil legal personality of a natural person as a participant in civil relations from the point of view of the recodification of civil legislation. With regard to the terminology for the designation of this category of participants in civil relations (“natural person”, “human”, “citizen”), the expediency of retaining the term “natural person” in the updated Civil Code of Ukraine is indicated. Regarding the moment of appearing of civil legal capacity, it is noted that it is not appropriate to enshrine the concept of “subjunctive legal capacity” in the Civil Code of Ukraine. However, the expediency of clarifying that civil legal capacity arises from the moment of birth of a natural person alive and ceases at the moment of irreversible death is proven. Regarding the concept of active legal capacity, attention is paid to different approaches to defining this category in the civil legislation of the countries of the post-Soviet space and the countries of the European Union, and the necessity of narrowing the concept of active legal capacity to the possibility of committing juridical acts is substantiated. Regarding the scope of the active legal capacity of minors under 14 years, attention was drawn to the expediency of its expansion at the expense of providing them with the opportunity to independently perform transactions aimed at obtaining a benefit free of charge, except for transactions that are subject to notarization, as well as providing minors who have reached the age of 6 with the opportunity to independently perform transactions, related to the use of electronic means of payment. With regard to the active legal capacity of minors from 14 to 18 years, the need to maintain the existing requirement regarding the mandatory consent of the body of guardianship for the execution of transactions regarding the disposal of immovable property, vehicles is indicated only in the part of transactions regarding the alienation of such objects and their transfer as a pledge (mortgage). At the same time, attention was paid to the expediency of canceling existing restrictions on the ability of a minor from 14 to 18 years to dispose of funds on a current account. Regarding the restriction of active legal capacity, it is advisable to leave only one ground – a disorder of psyche and (or) behavior, which significantly affects the ability of a natural person to realize the meaning of his actions and (or) manage them.