MODERN APPROACHES TO DETERMINING THE CIVIL LAW STATUS OF THE STATE AS A PARTICIPANT IN PRIVATE LAW RELATIONS

Abstract

The article examines contemporary approaches to determining the civil law status of the state as a participant in private legal relations in the context of the recodification of the civil legislation of Ukraine. It is substantiated that the current legislative model, according to which the state is recognised as a special participant in civil relations, was formed under the influence of Soviet civil law doctrine and does not fully comply with the modern concept of private law, as it fails to ensure the internal coherence of the system of subjects of civil law. The study analyses doctrinal approaches to the legal personality of the state and the arguments supporting the recognition of the state as a legal entity under public law as the most consistent legal framework for its participation in private legal relations. Particular attention is paid to a comparative legal analysis of the legislation and legal doctrine of Germany, France and Romania, which demonstrates that contemporary European legal systems are based on a common conceptual model under which the state participates in civil transactions as a legal entity under public law, while its participation in private legal relations does not alter its legal nature. Based on the analysis of the Draft Civil Code of Ukraine, it is established that the legislator proposes a fundamentally new approach to determining the civil law status of the state by abandoning the concept of the state as a special participant in civil relations and integrating it into the general system of legal entities through its recognition as a legal entity under public law. It is demonstrated that the Draft Civil Code of Ukraine is not limited to the formal recognition of the state's new legal status. Instead, for the first time at the level of a codified act of private law, it establishes the general principles governing the participation of legal entities under public law in private legal relations, defines the legal criteria for their classification, and sets out the general rules for the application of civil legislation to such entities. The article concludes that the proposed model is consistent with contemporary European trends in the development of private law, contributes to the internal coherence of civil legislation, enhances legal certainty, and promotes the harmonisation of Ukrainian private law with the legal systems of the Member States of the European Union.