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Civil relations: grounds of origin and legislative regulation in Ukraine

Civil relations and their participants

Civil relations are personal non-property and property relations (Part 1 of Article 1 of the Civil Code of Ukraine), based on legal equality, free expression, property independence of their participants.

Participants in civil relations are: individuals and legal entities, the state of Ukraine, the Autonomous Republic of Crimea, territorial communities, foreign states and other subjects of public law (Article 2 of the Civil Code of Ukraine).

Legislative regulation of civil relations in Ukraine

Civil relations are regulated equally throughout the territory of Ukraine (Part 6 of Article 4 of the Civil Code of Ukraine):

  1. The Constitution of Ukraine, which forms the basis of civil legislation (Part 1 of Article 4 of the Civil Code of Ukraine);
  2. The Civil Code of Ukraine as the main act of civil legislation (paragraph 1 of part 2 of Article 4 of the Civil Code of Ukraine);
  3. Acts of civil law, which include:
    • other laws of Ukraine adopted in accordance with the Constitution of Ukraine and the Civil Code of Ukraine (paragraph 2 of part 2 of article 4 of the Civil Code of Ukraine);
    • acts of the President of Ukraine, in cases established by the Constitution of Ukraine (Part 3 of Article 4 of the Civil Code of Ukraine);
    • resolutions of the Cabinet of Ministers of Ukraine which do not contravene the Civil Code of Ukraine, other laws (Part 4 of Article 4 of the Civil Code of Ukraine);
    • normative-legal acts of other bodies of state power of Ukraine, authorities of the Autonomous Republic of Crimea, issued only in cases and within the limits established by the Constitution of Ukraine and the law (Part 5 of Article 4 of the Civil Code of Ukraine);
  4. The custom, fixed in a certain document, as a rule established in a certain sphere of civil relations, which is not established by acts of civil law and does not contradict them or the contract (Article 7 of the Civil Code of Ukraine);
  5. Effective international treaties of Ukraine, in case they have other rules than those established by the relevant act of civil law (Article 10 of the Civil Code of Ukraine).

Civil relations not regulated by the Civil Code of Ukraine, other acts of legislation or the contract are regulated, by analogy of the law, norms of the Civil Code of Ukraine, other acts of civil legislation governing similar civil relations in content (part 1 of Article 8 of the Civil Code of Ukraine). impossibility of using the analogy of law - are regulated by analogy of law, in accordance with the principles of civil law (Part 2 of Article 8 of the Civil Code of Ukraine).

Grounds for civil relations

Members of civil relations are always endowed with rights and responsibilities, depending on the reason for their occurrence. They arise in general from the acts envisaged by the legislation of actions or not envisaged by these acts, but by analogy they give rise to civil rights and obligations (Part 1 of Article 11 of the Civil Code of Ukraine), and in particular: Contracts and other transactions (Item 1 of Part 2 of Article .11 of the Central Committee of Ukraine); creation of literary, artistic works, inventions and other results of intellectual, creative activity (item 2 of part 2 of article 11 of the Central Committee of Ukraine); the task of property (material) and moral harm to another person (item 3 of part 2 of article 11 of the Civil Code of Ukraine); other legal facts (clause 4 of part 2 of article 11 of the Civil Code of Ukraine). Also, civil rights may arise: directly from acts of civil law (Part 3 of Article 11 of the Civil Code of Ukraine); directly from acts of state authorities, authorities of the Autonomous Republic of Crimea or bodies of local self-government (Part 4 of Article 11 of the Civil Code of Ukraine) or from a court decision (Part 5 of Article 11 of the Civil Code of Ukraine) - in cases established by acts of civil legislation; occurrence or non-occurrence of a particular event - in the cases established by the acts of civil legislation or by contract (cases 6 of Article 11 of the Civil Code of Ukraine).

Roman Truskavetsky

Translated from Ukrainian using Google translator

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