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Journal articles on the topic 'Commercial Code of Ukraine'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Romanovich Kovalyshyn, Oleksandr. "On Some Problems of Commercial Law in Ukraine." Societas et Iurisprudentia 9, no. 2 (2021): 72–85. http://dx.doi.org/10.31262/1339-5467/2021/9/2/72-85.

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The paper is devoted to the disclosure of certain aspects of recodification in Ukraine, some existing problems of the Ukrainian commercial law as well as the conflict of norms between the Commercial Code of Ukraine and the Civil Code of Ukraine. In year 2020, the Concept of Civil Legislation Reform was adopted in Ukraine. The Concept of Civil Legislation Reform states that the systematic renewal of the Civil Code of Ukraine as a whole is possible only if the Commercial Code of Ukraine is repealed because the latter does not meet the parameters of the acts governing business relations which, by

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2

Parasiuk, V. M., and I. V. Zdrenyk. "Harmonization of civil and commercial law after the abolition of the Commercial Code of Ukraine: challenges and prospects." Uzhhorod National University Herald. Series: Law 1, no. 88 (2025): 353–62. https://doi.org/10.24144/2307-3322.2025.88.1.52.

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The scientific study provides a comprehensive analysis of the process of harmonization of civil and commercial law of Ukraine in the context of the abolition of the Commercial Code of Ukraine. Given the intensification of the European integration aspirations of our state, the study of the legal consequences of such abolition is of particular relevance, since the issue of unification of private law is in the focus of attention of scientists, law enforcement officers and legislators. The purpose of the study was to determine the theoretical principles of harmonization of law, identify key challe

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3

Anatoliy, Kostruba. "THE LIABILITY FOR VIOLATION OF CONTRACTUAL OBLIGATIONS: CHALLENGING ISSUES OF LAW ENFORCEMENT WITHIN THE FRAMEWORK OF THE DUALISM OF REGULATION OF THE STREAM OF COMMERCE IN UKRAINES." Юридический Мир, no. 10 (October 29, 2018): 57–61. https://doi.org/10.5281/zenodo.3965971.

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This article is dedicated to the issue of the contentious regulation of the institute of responsibility by the norms of the Civil and Commercial codes of Ukraine. There are lines of reasoning of the pointlessness of adoption of the Commercial code in Russia, through the example of existent conflicts in the law of Ukraine, in the publication. The conducted analyses of the provisions of the Commercial code of Ukraine certifies the absence of own law principles of the direct impact to the relations in the area of econo-mics and duplication of the original provisions of the Civil code of Ukraine a

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4

Dyachenko, S. V., and S. L. Korniychuk. "LEGAL EXPERT IN COMMERCIAL JUDICIAL PROCEEDINGS." Constitutional State, no. 46 (June 20, 2022): 69–78. http://dx.doi.org/10.18524/2411-2054.2022.46.257810.

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In order to unify the economic, civil and administrative processes in 2017, changes were made to the Commercial Procedural Code of Ukraine, the Civil Procedure Code of Ukraine and the Code of Administrative Proceeding of Ukraine. New participants have appeared in all lawsuits, but most in the business process. Following the 2019 presidential election, the directions of judicial reform were reconsid¬ered. Among the proposed amendments to the Commercial Procedural Code of Ukraine is a proposal to recognize as evidence the opinion of a legal expert. In our opinion, resolving this issue is key to

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5

Kuznetsova, Natalia, Oleksii Kot, Andrii Hryniak, and Mariana Pleniuk. "Abolition of the Commercial Code of Ukraine: Potential Consequences and Necessary Prerequisites." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 1 (2020): 100–131. http://dx.doi.org/10.37635/jnalsu.27(1).2020.100-131.

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The paper analyses the provisions of the Commercial Code of Ukraine, comparing them with certain provisions of the Civil Code of Ukraine and separate laws and other regulations. Considering the need to align Ukrainian legislation with the legislation of the European Union countries in legislation regarding the establishment and operation of partnerships, corporate governance, protection of shareholders, creditors and other interested parties, regarding the further development of corporate governance policy in accordance with international standards, including the gradual approximation to the r

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6

Hryhorchuk, M. V., and Y. O. Naumenko. "PROBLEMATIC ISSUES IN THE EVALUATION OF EVIDENCE IN ECONOMIC JUDICIAL PROCEEDINGS." Legal Bulletin 76, no. 4 (2022): 37–41. http://dx.doi.org/10.31732/2708-339x-2022-04-37-41.

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The article examines the impact of the evaluation of evidence from the standpoint of removing the concept of "sufficiency" and consolidating the concept of "probability" in the economic process in connection with changes in the Commercial Procedural Code of Ukraine under the Law of Ukraine of 20.09.2019 acts of Ukraine on stimulating investment activity in Ukraine". Indeed, this law was adopted to improve the business climate in Ukraine, encourage foreign investors and their investments, improve the quality of business regulation to increase business activity and increase Ukraine’s rating on e

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7

Rudenko, L. D. "On the issue of liability in economic judicial proceedings." Legal horizons, no. 21 (2020): 47–51. http://dx.doi.org/10.21272/legalhorizons.2020.i21.p47.

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The article specifies the legal nature of liability in commercial litigation, defines the ratio of measures of procedural coercion and liability in commercial litigation. Based on the analysis, a conclusion was made about the inexpediency of combining the measures of responsibility provided by the Commercial Procedural Code of Ukraine into an independent type of legal liability. The expediency of separating the category "Responsibility in commercial litigation" is argued. It is noted that the purpose of such liability is to comply with the procedural order of commercial proceedings under the t

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8

Zhyhylii, S. P. "Normative legal support of trade secrets and the place of labor legislation in it." Uzhhorod National University Herald. Series: Law 1, no. 78 (2023): 309–14. http://dx.doi.org/10.24144/2307-3322.2023.78.1.50.

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The article examines the regulatory legal protection of commercial secrecy and the place of labor legislation in it. It is noted that the availability of effective regulatory and legal instruments provided by the state, state bodies and local self-government bodies is one of the most important areas of legal regulation of trade secrets in Ukraine. Attention is drawn to the fact that relations related to the protection of commercial secrets are regulated by normative legal acts belonging to various branches of law, in particular the Civil Code of Ukraine, the Economic Code of Ukraine, the Crimi

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9

Лавренюк, Тетяна Анатоліївнa. "Principles of Сommercial Law in the Commercial Code of Ukraine". Theory and practice of jurisprudence 1, № 13 (2018): 12. http://dx.doi.org/10.21564/2225-6555.2018.13.125971.

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10

Khodak, S. "CORPORATE GOVERNANCE IN UKRAINE AND THE EU IN THE CONTEXT OF THE ABOLITION OF THE COMMERCIAL CODE." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 19(31) (June 13, 2025): 298–303. https://doi.org/10.33098/2078-6670.2025.19.31.298-303.

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Objective. The purpose of this article is to outline the main directions of development of corporate legislation in the context of its adaptation to EU law. Also, to solve a number of problems that we will face in the transition period after the abolition of the Commercial Code of Ukraine. Methodology. Among the philosophical, general scientific and special scientific methods used in the presentation of judgments, analysis of the content of current legal acts of legislation, relevant EU directives and regulations in the field of corporate governance, the following were used: formal-logical and

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11

Novikova, Ye. "Types of property in the Armed Forces of Ukraine." Visnyk Taras Shevchenko National University of Kyiv. Military-Special Sciences, no. 3(51) (2022): 69–74. http://dx.doi.org/10.17721/1728-2217.2022.51.69-74.

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The article analyzes types of property in the Armed Forces of Ukraine and considers several options for its division. Contradictions between the Laws of Ukraine "On the Legal Regime of Property in the Armed Forces of Ukraine" and "On Economic Activity in the Armed Forces of Ukraine" were established, that make it possible to assume the presence of property other than military in the Armed Forces of Ukraine, and ways to eliminate it were proposed. Taking into an account the possibility of military units to carry out economic activity, property in the economic sector was separated from military

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12

KARMAZA, Oleksandra O., Nataliia M. STEFANYSHYN, Tetiana Ya SKHAB-BUCHYNSKA, and Sergii O. KOROIED. "Institute of Dispute Resolution by the Participation of a Judge in the Court of Ukraine: Joint and Different Characteristics with the Institute of Mediation in Ukraine." Journal of Advanced Research in Law and Economics 9, no. 5 (2019): 1653. http://dx.doi.org/10.14505//jarle.v9.5(35).17.

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The relevance of this article is explained by the fact that in 2017 a new procedural institute – dispute resolution by the participation of a judge was introduced into the legal science of Ukraine, as well as in the judicial practice of Ukraine. In the jurisprudence of Ukraine, there is no consensus on the unity or difference between the institute of mediation in Ukraine and the institute of dispute resolution by the participation of a judge in Ukraine. The purpose of the article is the scientific and practical analysis of the norms of the Civil Procedural Code of Ukraine, the Commercial and P

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13

Podvirna, O., and V. Yakovchuk. "Characteristics of review of economic affairs in the appeal procedure." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 64–68. http://dx.doi.org/10.24144/2788-6018.2021.03.11.

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The right to go to court for judicial protection is an institution of procedural law that regulates the grounds and procedure for violation of judicial activity to protect rights, freedoms and interests. The legislator divided those who have the right to go to court into those who seek protection of their rights, freedoms and interests, and those who go to court to protect the interests of the state, public interests and the rights, freedoms and interests of others. In recent years, Ukraine has improved procedural legislation, including economic procedural. Law of Ukraine "On Amend

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14

Kukshinova, O. O., and D. I. Galyas. "Legal regulation governing arrest of a seagoing vessel." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 319–24. http://dx.doi.org/10.24144/2307-3322.2021.67.60.

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The article analyzes international and national regulations governing the arrest of seagoing vessels. Thus, attention is drawn to the fact that some legislative acts of Ukraine have been amended in terms of determining the jurisdiction of cases of arrest of ships, important changes have been made to both the Civil Procedure Code of Ukraine and the Commercial Procedural Code of Ukraine, which, in turn, impetus for the formation of a new array of case law in cases of arrest of ships. It analyzes International Convention for the unification of certain rules relating to Arrest of Sea-going S

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15

Kykot, P. "Subject of the agreement on the transfer of rights to use intellectual property objects in business." Uzhhorod National University Herald. Series: Law 1, no. 73 (2022): 129–33. http://dx.doi.org/10.24144/2307-3322.2022.73.21.

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The article examines the issue of defining the subject of a business contract in general and the problem of the subject of a contract on the transfer of rights to use intellectual property objects in entrepreneurship in particular. It is proven that the science of economic law defines a complex subject of a business contract, this subject includes two levels. The first level is the main action aimed at achieving the purpose of the contract. The second level is the object in relation to which this action is performed. It was found that in the norms of the Economic Code of Ukraine an

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16

Bakhareva, Olena. "Objects of intellectual property rights: general terms of protection." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 98–106. http://dx.doi.org/10.33731/62020.233970.

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Keywords: wine go and brown models, promises, sort of roslin that breed of twarin,trade marks (marks for goods), commerce (form) naymenuvannya, geographic significance,komertsiyna tamnytsya, computer programs Intellectual property is the result of human creativity: works of art and science, inventionsand utility models in all fields of human activity, industrial designs, trademarks(marks for goods and services), commercial (brand) names, information products,selection achievements, etc. Intellectual property is created as a result of purposefulmental work of human intellect, the result o

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17

Mikhnevych, L. V., T. S. Novak, and O. V. Hafurova. "The concept of holding: a vision of legal definition in the context of recent legislative decisions." Analytical and Comparative Jurisprudence, no. 2 (April 29, 2025): 365–70. https://doi.org/10.24144/2788-6018.2025.02.52.

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The article examines the problems of legislative definition of the concept of holding companies as important subjects of legal relations in various spheres of economic activity and industries. The author analyses innovations in the regulatory definition of a holding company. In a special act – the Law of Ukraine «On Holding Companies» – the legislator has abandoned the definition of enterprises controlled by a holding company as subsidiaries and calls them corporate enterprises. As a result, the term «corporate enterprises» in this law is applied to companies that are dependent on and controll

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18

Pchelin, V. B. "The Current State of Normative and Legal Regulation of Bankruptcy Procedures in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (2020): 178–88. http://dx.doi.org/10.32631/v.2020.2.17.

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It has been emphasized that one of the means of overcoming the financial crisis is a properly functioning institution of bankruptcy. It has been found out that the efficiency of bankruptcy proceedings in Ukraine is low, due to the long duration of such a procedure and its high cost. The national legislation regulating bankruptcy procedures in Ukraine has been analyzed. Comparative and legal analysis of the Bankruptcy Procedure Code of Ukraine and other normative and legal acts regulating the scope of restoring the solvency of the debtor or his recognition as a bankrupt has been carried out. Th

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19

Podtserkovnyi, O. P., and O. A. Belianevych. "ON THE APPLICATION BY COURTS OF THE CATEGORY “PUBLIC ORDER” IN RELATION WITH DECISIONS OF INTERNATIONAL COMMERCIAL ARBITRATION." Economics and Law, no. 3 (September 26, 2023): 3–17. http://dx.doi.org/10.15407/econlaw.2023.03.003.

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The article examines the negative tendency towards excessive interference of state courts of Ukraine in international commercial arbitration by cancelling and refusing to enforce arbitral awards on grounds that go beyond the principle of legal certainty as an element of the Rule of Law. It was concluded that the expansive interpretation of the category of public order, applied in some decisions of the Supreme Court, will prevent the normal functioning of international commercial arbitration as an alternative way of commercial disputes' resolution in Ukraine, which not only undermines the inves

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20

Skliar, Yu І. "PECULARITIES OF THE LEGAL STRUCTURE OF THE ILLEGAL COMMERCIAL GOODS MOVEMENT ACROSS THE CUSTOMS BORDER ACCORDING TO THE LEGISLATION OF UKRAINE." Scientific Herald of Sivershchyna. Series: Law 18, no. 1 (2023): 100–111. http://dx.doi.org/10.32755/sjlaw.2023.01.100.

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The article is devoted to defining the peculiarities of the legal structure of the illegal commercial goods movement across the customs border according to the legislation of Ukraine. It was found that violation of customs rules is an administrative offense for which administrative liability is provided. Each of the violations of customs rules defined by the Customs Code of Ukraine is characterized by a special legal structure that includes an object, an objective side, a subject and a subjective side. It was determined that the object of illegal movement of commercial goods across the customs

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21

KUZNIETSOVA, N. S., O. O. KOT, A. B. HRYNIAK, and M. D. PLENIUK. "Abolition of the Commercial Code of Ukraine: Potential Consequences and Necessary Prerequisites." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 1 (2020): 14–54. http://dx.doi.org/10.31359/1993-0909-2020-27-1-14.

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22

Vechirko, I. O. "PROBLEMS OF HARMONIZATION OF THE RULES OF PROCEDURE OF THE BANKRUPTCY CODE OF UKRAINE AND THE CODE OF COMMERCIAL PROCEDURE OF UKRAINE." Juridical scientific and electronic journal, no. 2 (2024): 166–69. http://dx.doi.org/10.32782/2524-0374/2024-2/39.

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23

Nedilko, Y. V. "DOCTRINE OF ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS: NATIONAL FEATURES AND WORLD TRENDS." Constitutional State, no. 57 (April 15, 2025): 254–62. https://doi.org/10.18524/2411-2054.2025.57.325402.

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The article is devoted to the study of the place and photographs of electronic evidence in criminal proceedings. It is noted that with the advent of information and computer technology (smartphones, tablets, laptops, etc.), which criminals began to use for their illegal purposes, a new type of evidence began to appear – electronic evidence. Among domestic scientists there is no unity of opinion on the definition of the concept, place and electronic evidence in criminal proceedings. This is due not only to the lack of regulatory consolidation of electronic evidence in the Criminal Procedure Cod

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24

Shchokina, O. O. "Model articles of association of business companies under legislation of Ukraine and the United Kingdom: comparative characteristic." Theory and practice of jurisprudence 2021, (VOL 2) 20 (2021): 10. https://doi.org/10.21564/2225-6555.2021.2.246265.

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The concept of “economic organization” is known in the science of economic law since Soviet times. However, it did not become widespread and was used only by some scholars. The legal status of economic organizations has not been comprehensively studied in the Ukrainian science of economic law. The purpose of the article is to set out the theoretical problems of defining the concept of “economic organization” and to outline the directions of their solution. The term “economic organization” was first used in the draft of the Economic Code of Ukraine of June 15

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25

Puhachenko, Olha, and Tetiana Fomina. "Rights and Obligations of Experts in Economic Affairs in the Relevant and Procedural Legislation." Central Ukrainian Scientific Bulletin. Economic Sciences, no. 9(42) (2023): 20–32. http://dx.doi.org/10.32515/2663-1636.2023.9(42).20-32.

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The article considers the rights and obligations of experts on economic affairs in the relevant legislation (the Law of Ukraine "On Forensic Expertise"; the Instruction on the Appointment and Conduct of Forensic Examinations and Expert Studies and the Scientific and Methodological Recommendations on the Preparation and Appointment of Forensic Examinations and Expert Studies; the Instruction on the Peculiarities of Forensic Expert Activity by Certified Forensic Experts who do not work in state specialised expert institutions) and procedural legislation (the Criminal Procedure Code, the Civil Pr

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26

Komziuk, V. T., and A. A. Komziuk. "Topical issues of improving Ukrainian legislation regulating the prevention and counteraction to smuggling and certain legal elements of customs rules’ violation." Bulletin of Kharkiv National University of Internal Affairs 82, no. 3 (2018): 20–29. http://dx.doi.org/10.32631/v.2018.3.02.

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The authors of the article analyze the measures for preventing and counteracting smuggling defined in the Customs Code of Ukraine and other acts of customs legislation, the imperfection of the normative consolidation of such measures in the Customs Code and the problematic issues of their implementation. The most important measures aimed at counteracting smuggling were suggested, which were defined by normative acts of the Cabinet of Ministers and the President of Ukraine, and were offered to strengthen them in legislation, in Section 17 of the Customs Code, which determined (though depleted)

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27

Gorbanyuk, V. O. "The cooperative movement in rural areas should be a priority in reforming of agriculture (opportunities, realities and economic efficiency of its approval)." Scientific Messenger of LNU of Veterinary Medicine and Biotechnologies 20, no. 86 (2018): 28–33. http://dx.doi.org/10.15421/nvlvet8605.

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The history of rural cooperatives in Ukraine is quite deep. It includes both national characteristics and certain global trends. Today in Ukraine the cooperative movement in the agro-industrial complex is primarily connected with the implementation of a comprehensive, agrarian, incl. land reform. The legal and normative mechanisms of socio-economic relations in the village are regulated by the Tax Code of Ukraine, the Civil Code of Ukraine, the Commercial Code of Ukraine, the Land Code of Ukraine, the Law of Ukraine «On Farmers», the Law of Ukraine «On Personal Peasant Economy», the Law of Ukr

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28

Shevchenko, H. M. "Debt conversion in the reorganization procedure of LLC and ALC as a basis for corporate relations." Uzhhorod National University Herald. Series: Law 2, no. 86 (2025): 270–76. https://doi.org/10.24144/2307-3322.2024.86.2.42.

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The article examines the legal nature of debt-to-equity swap in the judicial rehabilitation procedure as a legal prerequisite for the emergence of corporate legal relations in limited liability and additional liability companies. The relevance of the research topic is due to the almost simultaneous adoption of the Law of Ukraine “On Limited Liability Companies and Additional Liability Companies”, the Bankruptcy Code of Ukraine and the amendments to the Civil and Commercial Codes of Ukraine in 2022, and the objective difficulties in the practical implementation of the introduced legislative inn

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29

Lysenko, H. I., and L. A. Muzyka. "The concept of «force majeure» under the laws of Ukraine, the United Kingdom and the United States." Uzhhorod National University Herald. Series: Law 1, no. 84 (2024): 336–42. http://dx.doi.org/10.24144/2307-3322.2024.84.1.50.

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The article analyzes the concept of force majeure provided for in Article 14-1 of the Law of Ukraine «On Chambers of Commerce and Industry in Ukraine» No. 671/97-ВР of December 2, 1997, which defines the list of circumstances falling under the concept of «force majeure». This list is quite broad, but not exhaustive. At the same time, such a list of force majeure circumstances did not exist before September 2, 2014, and this list appeared in connection with the anti-terrorist operation in eastern Ukraine after the entry into force of the Law of Ukraine «On Temporary Measures for the Period of A

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30

Koroleva, V. V., and O. O. Kimlenko. "PROBLEMS OF PROTECTION OF THE RIGHTS OF BUSINESS ENTITIES IN THE COMMERCIAL COURTS OF UKRAINE." Legal Bulletin 76, no. 4 (2022): 42–46. http://dx.doi.org/10.31732/2708-339x-2022-04-42-46.

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Judicial protection of the rights of economic entities is important among other forms of protection. The protection of the rights of economic entities can be considered in two ways: as the protection of the right that is exercised and implemented and the protection of the right that is violated with the use of means to restore it. Classically, the protection of rights is considered as a fact of protection of the rights of the violated. The main legislative act in the field of management is the Commercial Code of Ukraine, which enshrines the fundamental guarantees and ways to protect the rights

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Zadykhaylo, D. V. "Economic and legal methodology of regulation of economic relations: no alternative phenomenon." Theory and practice of jurisprudence 2, no. 20 (2021): 7. http://dx.doi.org/10.21564/2225-6555.2021.2.243732.

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The article is devoted to the problem of a legally secured attempt to repeal the Commercial Code of Ukraine and thus undermine the legal economic order, exaggerating the importance of certain civil structures of property regulation for the economy. In this regard, the article attempts to present a range of arguments in favor of comprehensive, organic and effective regulation of economic market relations, as well as in favor of effective legal support for the implementation of the state's own economic policy which is economic and legal regulation. Hypothetically, the abolition of the Commercial

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Zadykhaylo, D. V. "Economic and legal methodology of regulation of economic relations: no alternative phenomenon." Theory and practice of jurisprudence 2021, (VOL 2) 20 (2021): 7. https://doi.org/10.21564/2225-6555.2021.2.243732.

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The article is devoted to the problem of a legally secured attempt to repeal the Commercial Code of Ukraine and thus undermine the legal economic order, exaggerating the importance of certain civil structures of property regulation for the economy. In this regard, the article attempts to present a range of arguments in favor of comprehensive, organic and effective regulation of economic market relations, as well as in favor of effective legal support for the implementation of the state's own economic policy which is economic and legal regulation. Hypothetically, the abolition of the Commer

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33

Bychkova, Svitlana, and Volodymyr Bobryk. "The conflict of legal regulation of representation in civil and commercial judicial proceedings through the lens of their tasks." Law and innovations, no. 3 (47) (September 22, 2024): 33–38. http://dx.doi.org/10.37772/2518-1718-2024-3(47)-5.

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Problem setting. The effectiveness of the protection of violated, unrecognized or challenged rights, freedoms or interests of individuals, rights and interests of legal entities, interests of the State sometimes directly depends on the participation of representatives in the legal process. In this regard, the article is devoted to the identification of conflicts and gaps in the legal regulation of representation in civil and commercial proceedings, taking into account the fulfillment of their tasks. Analysis of recent researches and publications. Some aspects of representation or its general c

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Huberska, N. L., O. A. Muzyka-Stefanchuk, and V. G. Savenkova. "Entrepreneurship in the context of tax legal relations and judicial practice." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 494–99. https://doi.org/10.24144/2788-6018.2025.01.82.

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The article is devoted to a review of issues related to entrepreneurship. The provisions of the Tax Code of Ukraine, the Commercial Code of Ukraine, the Law of Ukraine «On Peculiarities of Regulation of Business Activities of Certain Types of Legal Entities and Their Associations in the Transition Period» are analyzed. Special attention is paid to the analysis of judicial practice. Special attention is paid to practical issues of mandatory and optional registration of a taxpayer as an entrepreneur. The problem of determining the criterion of systematicity of entrepreneurial activity is studied

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Shyshka, O. R. "Limitation period and negatory action: review of case law, reflections and problems." Law and Safety 84, no. 1 (2022): 225–33. http://dx.doi.org/10.32631/pb.2022.1.23.

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Based on a systematic analysis of the explanations of the highest judicial bodies of Ukraine and civil law on the application of the statute of limitations to a negatory action, the problem clarifications of the Supreme Court was identified (for example, this applies to the conclusion, made by the Grand Chamber of the Supreme Court in case № 653/1096/16-ц of 4 July 2018), which do not comply with the letter of the law, but must be taken into account by the courts when applying these rules of law in in similar cases. It is concluded that acts of judicial interpretation of the Supreme Court, whi

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Baran, R. T., L. M. Baran, and Ye V. Mihdal. "ABOUT THE ORGANIZATION OF THE LEGAL FOUNDATIONS OF THE NEW EDITION OF THE UKRAINIAN AIR CODE." Science and Transport Progress, no. 28 (August 25, 2009): 204–9. http://dx.doi.org/10.15802/stp2009/14159.

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The authors’ own scientific and practical approaches to the issuing of the clauses of new Air Code of Ukraine are proposed. There are presented the conceptual basics of organization and legal regulation of the legislative instructions, which especially concern to the chapters regarding regulation of the conditions and order of use of the air space of Ukraine, organizational and economic aspects of activities of airports etc. The models of structuring the organizational subsystems for the commercial and state sectors of the air space and the forms of the organizationalandmanagerial structures,

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Dyachenko, S. V., and M. O. Dovga. "Features of the jurisdiction of economic courts." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 87–93. http://dx.doi.org/10.24144/2788-6018.2022.01.16.

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The article considers the problem of determining the jurisdiction of commercial courts. It is proved that jurisdiction should be considered depending on the theoretical model of specialization of the judiciary itself. The types of jurisdiction of commercial courts are analyzed: according to the subjective composition of the economic case (with the participation of citizens of Ukraine and legal entities registered in the territory of Ukraine); with the participation of foreign citizens and legal entities of Ukraine project, instance, territorial). It is established that the correctness of

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Ratushna, B. P. "Self-defense as a form of civil rights protection under martial law in Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 88 (2025): 401–6. https://doi.org/10.24144/2307-3322.2025.88.1.58.

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The article examines the peculiarities of self-defence as a form of protection of civil rights, in particular, under martial law. The author establishes that the Civil Code of Ukraine provides for various possibilities of protection of civil rights, among which scholars distinguish jurisdictional and non-jurisdictional forms of protection. It is found that jurisdictional forms of protection are specified in current legislation and are carried out by various bodies specially authorized by the State for this type of activity with a specific procedure inherent in each of them. Jurisdictional form

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Morenko, V. I. "Pre-trial investigation time limits: problems of law enforcement and ways to solve them." Uzhhorod National University Herald. Series: Law 4, no. 87 (2025): 98–103. https://doi.org/10.24144/2307-3322.2025.87.4.14.

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One of the fundamental tasks of criminal proceedings, enshrined in the Criminal Procedure Code of Ukraine (CPC of Ukraine), is to ensure the right of each participant to due process of law. This implies compliance with reasonable time limits for investigation and trial, which guarantees protection against unfounded accusations and delays in the process. The proper functioning of criminal justice largely depends on strict adherence to procedural deadlines. However, in practice, there are difficulties in interpreting and applying the norms of the CPC of Ukraine regarding the extension of the pre

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Mykhalniuk, O. V., and B. Pyrih. "Bankruptcy of an individual entrepreneur in Ukraine." Analytical and Comparative Jurisprudence 1, no. 3 (2025): 283–88. https://doi.org/10.24144/2788-6018.2025.03.1.42.

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The article reveals the essence of the institution of bankruptcy of an individual entrepreneur in Ukraine as a legal procedure for settling relations between an insolvent debtor and their creditors. The current legislation regulating the bankruptcy of individual entrepreneurs, in particular the Civil Code of Ukraine and the Bankruptcy Code of Ukraine, is analyzed, defining the key conditions and grounds for initiating bankruptcy proceedings. The article examines in detail the procedural aspects of individual entrepreneur bankruptcy, including the jurisdiction of cases, the procedure for filing

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41

Nima, A. "Separate legal aspects of movement of vehicles for personal use by natural persons across the customs border of Ukraine." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 423–27. http://dx.doi.org/10.24144/2788-6018.2024.01.74.

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The article is devoted to revealing the specifics of the practical and theoretical problems of moving vehicles for personal use by natural persons across the customs border of Ukraine, certain aspects of their customs control and customs clearance within the framework of customs regulation. Definitions of the categories "goods", "vehicles", "personal vehicles”, "commercial vehicles", "natural persons", "citizens", "personal use of a vehicle", "commercial" use of a vehicle" are defined. It was established that commercial vehicles are not goods according to the requirements of the Customs Code o

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Hrebenkova, M. S. "Situation of scientific research in the sphere of electronic mapping in criminal proceedings." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 267–72. http://dx.doi.org/10.24144/2307-3322.2021.67.51.

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Considering everything, the accusation of a person is formed due to the available evidence in criminal proceedings, the scientific article pays attention to a new source of evidence - evidence that exists in electronic form. It is noted that today scientists call and define the evidence that exists in electronic form in different ways. The purpose of the article is to highlight the situation of scientific research in the sphere of electronic mapping in criminal proceedings, which will contribute to the further development of theoretical and practical aspects of the use of evidence

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Oliukha, V. H. "The principle of due diligence as a means of risk management when using artificial intelligence in commercial proceedings." Analytical and Comparative Jurisprudence 1, no. 3 (2025): 429–34. https://doi.org/10.24144/2788-6018.2025.03.1.65.

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The article is devoted to the definition of risks that arise when using artificial intelligence in commercial proceedings and the justification of the expediency of applying the principle of due diligence to prevent risks that arise when using it in the absence of proper legal regulation of this process. Article 16 of the Code of Judicial Ethics provides for the admissibility of the use of artificial intelligence technologies by a judge if this does not affect the independence and impartiality of the judge, does not concern the assessment of evidence and the decision-making process and does no

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Мілімко, Лариса. "Правовий статус митного брокера (адміністративно-правовий та господарсько-правовий аспекти)". Copernicus Political and Legal Studies 1, № 4 (2022): 85–93. http://dx.doi.org/10.15804/cpls.20224.09.

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In the article the author analyzes the legal status of the customs broker as a subject of administrative-legal and economic-legal relations. The author establishes that the customs broker enters into administrative and legal relations with the State Customs Service of Ukraine, the State Tax Service of Ukraine, the State Treasury Service of Ukraine and other public authorities. Based on a comprehensive analysis, the imperfection of the concept of “customs broker” was established, which is enshrined in Article 416 of the Customs Code of Ukraine, as this concept does not take into account that cu

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Pidgorodynskyi, Vadym, Dmitriy Kamensky, Inna Bolokan, Tamara Makarenko, and Hanna Samilo. "Smuggling or violation of customs rules: actual questions of application of administrative and criminal liability." Cuestiones Políticas 39, no. 70 (2021): 800–814. http://dx.doi.org/10.46398/cuestpol.3970.48.

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The article deals with the peculiarities of the application of legal liability for commercial contraband in accordance with the current legislation of Ukraine. In particular, the authors of the article investigate the feasibility of criminalization of the smuggling of a wide range of goods, and not only withdrawn from the circulation of things and forests, as recorded in the Criminal Code of Ukraine at this moment. In addition to a thorough analysis of the current legislation of Ukraine, the authors carried out a comparative analysis of Ukrainian legislation with the legislation of foreign cou

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Riabov, D. S. "ON THE REDUCTION OF LEGAL EXPENSES FOR PROFESSIONAL LEGAL ASSISTANCE IN ECONOMIC PROCEEDINGS." Actual problems of native jurisprudence 4, no. 4 (2021): 31–38. http://dx.doi.org/10.15421/392176.

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In this article, the author highlights the problems of improper application by national courts of the European Court of Human Rights practices. The author notes that the current Code of Commercial Procedure of Ukraine does not provide for an independent reduction by the court of expenses for professional legal assistance, unless the other party has filed a corresponding petition and proved their incommensurability, which fully reflects consolidation of the adversarial principle of parties in economic proceedings. At the same time, having reviewed the judicial practice of the Supreme Court, the

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LEONTIEVA, Lina. "Basic functions and types of trade marks in Ukraine." Economics. Finances. Law 3, no. - (2023): 30–33. http://dx.doi.org/10.37634/efp.2023.3.7.

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The legal basis for the formation of the concept of "trademark", theoretical aspects are considered, and the main functions are given in the paper. The analysis of basic legislative acts that contain the base concepts of trademarks is done, as one of types of intellectual property: the Civil code of Ukraine, Commercial code to Ukraine, Internal revenue code of Ukraine and other basic Laws of Ukraine are also considered in relation to trade marks: "On the guard of rights on signs for commodities and services", "On protecting from an unfair competition", "On an advertisement", etc. The legal ana

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Biloshkurska, Z. P., and O. A. Polishchuk. "Economic and legal responsibility for non-fulfillment or improper fulfillment of contractual obligations." Collected Works of Uman National University of Horticulture 2, no. 97 (2020): 126–42. http://dx.doi.org/10.31395/2415-8240-2020-97-2-126-142.

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The article covers the issue of legal liability for non-fulfillment of contractual obligations in the field of management. Issues of liability are regulated in accordance with current legislation — the Civil Code of Ukraine, the Commercial Code of Ukraine, and other regulations. They regulate the obligations of the parties to properly perform their obligations under the contract, which are guaranteed by measures of property liability imposed on the party that does not perform them to the other party or performs them improperly. The economic and legal responsibility depending on the types of ec

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Vovk, Yu Ye. "Legal grounds for notarisation of a vehicle hire (lease) agreement involving individual entrepreneurs." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 179–83. http://dx.doi.org/10.24144/2788-6018.2024.01.30.

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The article is devoted to the problematic issues of requirement of notarisation of a vehicle hire (lease) agreement involving individual entrepreneurs. The author emphasises the importance of compliance with the form of the contract. Article 799 of the Civil Code of Ukraine generally regulates the form of a vehicle hire (lease) agreement. This article provides for two necessary conditions that must be met when entering into a vehicle hire (lease) agreement involving an individual. Failure to comply with the prescribed form entails the nullity of the agreement. At the current stage,

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Marchenko, O. V. "Specifics of legal entities’ dissolution in the context of legal support for the reform of economic activity in Ukraine." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 267–71. https://doi.org/10.24144/2788-6018.2025.01.43.

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The article focuses on scientific and recent governmental research on the state of Ukraine’s economy and expresses the opinion that organizational and economic measures alone are insufficient to fundamentally improve the current state of economic relations. Therefore, a legal reform in this area is timely. The author notes that an important step in this direction is the adoption of the Law of Ukraine «On Specific Features of Regulation of Entrepreneurial Activity of Certain Types of Legal Entities and Their Associations During the Transitional Period» (Draft Law No. 6013). The article analyzes

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