A NEW PERSPECTIVE ON THE DIVISION OF INVALID TRANSACTIONS IN THE CIVIL LAW OF UKRAINE

Abstract

The article is devoted to a critical analysis of the traditional division of invalid transactions into void and voidable ones in the civil law of Ukraine. The research is actualized by the need to improve civil legislation in the context of its recodification and taking into account modern trends in the development of private law. The author substantiates the position that the division of invalid transactions into void and voidable is an outdated approach that creates significant problems for judicial practice and law enforcement in general. The study analyzes the judicial practice of the Supreme Court of Ukraine regarding the issues of invalidity of transactions. Special attention is paid to the analysis of decisions of the Grand Chamber and the Civil Cassation Court as part of the Supreme Court, which indicate systemic problems in the application of the traditional classification of invalid transactions. A comparative analysis with foreign experience was conducted, particularly with the reformed French civil legislation after the 2016 reform and German civil law. The author proves that invalidity is a specific result of evaluating a transaction for compliance with legislation and indicates a special consequence of incomplete compliance of the transaction with legal norms – the non-occurrence of those legal consequences for which it was directed. The thesis is substantiated that the consequences of invalidity are the same for all invalid transactions, regardless of their classification as void or voidable. The article contains specific proposals for improving the civil legislation of Ukraine in the context of recodification, aimed at abandoning the artificial differentiation of invalid transactions at the legislative level and introducing a unified approach to the invalidity of transactions. It is argued that the traditional division should be preserved only in scientific doctrine as a theoretical construction, while legislative regulation should be based on the principle of unity of consequences of invalidity of all transactions. The research demonstrates that modern legal systems increasingly move away from complex classifications of invalid transactions, focusing instead on practical aspects of protecting civil rights and interests.