THE UPDATED CIVIL CODE ОF UKRAINE: А VISION FOR SOCIETY AND THE LEGAL SYSTEM

Abstract

The article provides a theoretical analysis of the reform of civil legislation, specifically focusing on the draft of the updated Civil Code of Ukraine (Draft Law No. 15150), which was adopted in the first reading by the Verkhovna Rada of Ukraine on April 28, 2026. The author engages in an open scholarly debate with opponents of the recodification who emphasize the "untimeliness" of the reform under martial law, providing reasoned arguments for the objective necessity and urgency of modernizing private law. Furthermore, the study examines the impact of digitalization, artificial intelligence, and European integration on the updating of legal instruments.
Particular attention is paid to the conceptual novelties of the General Part and property law. The paradigm shift brought about by the introduction of the presumption of privacy of relations and the expansion of the sources of private law (including contracts, national customs, and local acts) is analyzed. The expediency of implementing the European category of "good morals" (boni mores) instead of the Soviet construct of "moral principles of society" is substantiated. Additionally, the role of the legal positions of the Supreme Court in the interpretation of evaluative concepts is considered.
The paper highlights the consequences of the abolition of the Economic Code of Ukraine, the liquidation of quasi-property rights ("operational management" and "economic management"), and the transition to a clear dichotomy between legal entities of private and public law. The system of limited property rights (usufruct, superficies, emphyteusis) is characterized. Drawing on European model acts (PECL, PETL, DCFR), it is demonstrated that the updated Civil Code of Ukraine lays a modern legal foundation for the post-war recovery and integration of Ukraine into the EU.