REGARDING CERTAIN ASPECTS OF THE CONCEPT OF UPDATING THE CIVIL CODE OF UKRAINE

Abstract

The article analyzes some provisions of the Concept of updating the Civil Code of Ukraine. First of all, it is about supporting the proposal to repeal the Commercial Code of Ukraine. At the same time, the idea of the possibility of adopting a codified legislative act along with the updated Civil Code of Ukraine (as a code of private law), which would systematize the issues of state regulation of economic activity (registration of legal entities, licensing, permitting activity, etc.) is described. The correlation of the provisions of the updated Civil Code with the provisions of the new Labor Code of Ukraine is considered, in particular, in concretization in the latter of those provisions of the updated Civil Code of Ukraine that can be applied to labor relations, in particular, the ability to recover the lost profit from certain categories of workers. The paper includes debatable character of the provision of the Concept of updating the Civil Code of Ukraine, according to which the state is recognized as a legal entity. Supporting the idea of waiving the right of economic management and the right of operational management, attention is drawn to the need to waive the right of permanent use of land, which is provided in the current version of the Land Code of Ukraine. At the same time, the thesis about the definition in the new Civil Code of Ukraine of the legal principles of "exercise" of the right of state and communal property is recognized. As a result of the analysis, the author concludes that it is necessary to create a mechanism that would ensure the stability of the updated CC and prevent the emergence of provisions that do not meet the general principles of civil law, contradict its basic provisions and do not comply with civil law.