Description V4+ project
The project deals with (re)codification of Commercial & Civil Codes in Visegrad states and Ukraine.
The main strategic document of the European integration process is the Association Agreement between Ukraine and the European Union. This agreement spells out Ukraine’s obligations to the European Union, as well as what the European Union will contribute to on the path to European integration.
Current situation. The Commercial (Economic) Code of Ukraine (2004) & Civil Codeof Ukraine (2004) was strongly influenced by postsoviet legislative traditions because of joint historical origin of all post-soviet states. Nevertheless since 2014 Ukraine has been changing her vector of development. Harmonization of private law to the standards of European acquis communautaire is one of the key issues of the Association Agreement. One of the steps toward European integration is redrafting the Ukrainian Commercial Code.
Experience of Visegrad states. The V4 states have huge experience in this field. Czech Republic adopted the new Civil Code in 2012 and Corporations Act (2012), Poland introduced Code of Commercial Companies in 2000, Hungary included legal provisions on system of legal entities in the Civil Code (2013). Slovakia has modernized its Commercial Code during the last two decades significantly as well. The experience of these states, the innovative ideas, which were implemented in their private law codifications, are of great importance for the current improvement of Ukrainian legislation.
Tasks
- to study the Commercial Codes and Civil Codes of V4 states and Ukraine, namely the history of their creation, innovations that are occurring due to European integration and the conceptual foundations of the Codes;
- to analyze which factors and preconditions justify the need for the (re)codification of the Commercial Codes in the V4 states and Ukraine, as well as the extent of their use and validity;
- to research the effect of European integration on the legislative acts regulating the activities of commercial companies;
- to investigate the participation of state structures in legal relations between individuals;
- to analyse the pan-European dimensions that have taken place in civil and commercial legislations of the Visegard states and Ukraine;
- to analyze certain norms of mentioned Codes in order to find the ways of its improvement. As a result of the research, it will be proposed to revise the norms of the Commercial Code and Civil Code of Ukraine, which need to be improved and place them in special law or in the relevant sections of the Commercial Code and Civil Code of Ukraine.