Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.41 N° 76
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Recibido el 12/12/22 Aceptado el 20/02/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
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Vol. 41, Nº 76 (2023), 611-626
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Trends in the development of civil law
at the present stage
DOI: https://doi.org/10.46398/cuestpol.4176.36
Nataliya O. Davydova *
Olesia Otradnova **
Iryna Svitlak ***
Iuliia Baieva ****
Viktoriya Hetsko *****
Abstract
The purpose of this article was to scientically analyze the
current trends in the development of civil law in the modern
reality, on which follow the authors’ proposals to improve its
evolution and adaptation. The methodological basis of the study
included philosophical approaches, as well as general and special
scientic methods of knowledge that meet the main objectives and
tasks set in the research. According to the results of the study, civil
law today is dierent not only in the application and protection of rights,
compared to the original approaches established by the developers of the
current Civil Code and, special sectoral legislation, but also in the change
in the paradigm of normative and legal regulation. Everything allows to
conclude that, in summary, the authors oer specic recommendations
for updating the provisions of the Civil Code of Ukraine, which I include
also proposals for changes in civil law. Denitely, civic reection on all the
issues raised in this study makes it possible to consider the problems from
a new point of view and to oer, accordingly, comprehensive options for
their solution, taking into account the prominent place of the Civil Code in
these processes.
* Doctor of Science of Law, Professor, Leading Researcher, Department of Private Law Academician
F.H. Burchak Scientic and Research Institute of Private Law and Entrepreneurship of the National
Academy of Legal Sciences of Ukraine, 01042, 23-a Raevsky Str., Kyiv, Ukraine. ORCID ID: https://
orcid.org/0000-0002-2362-3724
** Dr. Habil. (Law), Professor Civil law department, Law School Taras Shevchenko National University of
Kyiv, 60 Volodymyrska street, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-4206-8412
*** Doctor in Juridical Sciences, Associate Professor, Head of the Department of Law and Humanities
Vinnytsia Educational and Scientic Institute of Economics West Ukrainian National University,
Gonty Street, 37, city of Vinnytsya, 21017, Ukraine. ORCID ID: https://orcid.org/0000-0002-4408-
6868
**** Candidate of Political Sciences, Assistant Professor Department of Political Sciences and Law Kyiv
National University of Construction and Architecture 31. Povitrootsky Avenue, Kyiv, 03037, Ukraine.
ORCID ID: https://orcid.org/0000-0002-7734-3568
***** PhD, Associate Professor Department of International Law, Uzhgorod National University St.
Kapitulna, 26, Uzhhorod, Transcarpathian region, Ukraine. ORCID ID: https://orcid.org/0000-0001-
6690-9493
612
Nataliya O. Davydova, Olesia Otradnova, Iryna Svitlak, Iuliia Baieva y Viktoriya Hetsko
Trends in the development of civil law at the present stage
Keywords: Civil Code of Ukraine; legal regulation; development of civil
legislation; civil law; current legal trends.
Tendencias en el desarrollo del Derecho civil en la
etapa actual
Resumen
El propósito de este artículo fue analizar cientícamente las tendencias
actuales en el desarrollo del Derecho civil en la realidad moderna, sobre
las que siguen las propuestas de los autores para mejorar su evolución y
adaptación. La base metodológica del estudio incluyó enfoques losócos,
así como métodos cientícos generales y especiales de conocimiento
que cumplen con los principales objetivos y tareas establecidas en la
investigación. De acuerdo con los resultados del estudio, el Derecho civil
en la actualidad es diferente no sólo en la aplicación y protección de los
derechos, en comparación con los planteamientos originales establecidos
por los desarrolladores del actual Código Civil y, la legislación especial
sectorial, sino también en el cambio en el paradigma de la regulación
normativa y jurídica. Todo permite concluir que, en resumen, los autores
ofrecen recomendaciones especícas para actualizar las disposiciones del
Código Civil de Ucrania, lo que incluyo también propuestas de cambios en el
derecho civil. Denitivamente, la reexión cívica sobre todas las cuestiones
planteadas en este estudio permite considerar los problemas desde un
nuevo punto de vista y ofrecer, en consecuencia, opciones integrales para
su solución, teniendo en cuenta el lugar destacado que ocupa el Código Civil
en estos procesos.
Palabras clave: Código Civil de Ucrania; regulación jurídica; desarrollo
de la legislación civil; derecho civil; tendencias jurídicas
actuales.
Introduction
Fundamental principles of civil law development were laid down in
the 1990s by the Constitution of Ukraine (2004) and gradual accession to
a number of international acts in the eld of civil law. At the same time,
rstly, the current Civil Code of Ukraine has signicantly expanded the
number of provisions on property rights, as well as some provisions on
the regulation of the institutions of law and property; book four contains
a chapter devoted to the general provisions of intellectual property rights,
which should also be called an achievement.
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Secondly, since the adoption of the Civil Code of Ukraine civil legal
relations have acquired a special regulation, for example, in a separate
structural part of the Code - Book Four, fully denes the role and importance
of intellectual property relations in the national legislation; and this, in
turn, emphasizes their private law nature and complexity throughout the
legislation in this area; thirdly, the location of the integral array of civil legal
rules, almost all objects of ownership known n It is noteworthy that non-
property and property rights most clearly coexist today.
Intangible property rights are now also just as important as, and
sometimes even much more important than, material rights. The adoption
of the code was aimed at further detailing and improving regulations in the
civil law sector by adopting laws, and bylaws that would guide and develop
modern legal mechanisms for the realization and protection of civil rights
(Apetrei, 2014). The issue of introducing digital tools in civil courts in real
life is also becoming increasingly relevant.
Well-known Ukrainian and foreign scholars, such as Azimov (1981);
Matveev (2018); Dovgert (2019); Kuznietsova (2021); Kapitsa (2006);
Yakubivskyi (2019); Nosik (2006); Kryzhna (1999); Bazhanov (2014);
Svitnev (2010), and many other civilists and subject matter experts study
problems and trends in improving and developing theory and legislation in
civil law.
• Research Problem
This article oers summaries of positive trends in the development of
civil law and identifying ways to update civil legislation, including the Civil
Code of Ukraine, to develop modern legislation consistent with international
standards and standards of the European Union.
• Research Focus
A civilistic view of all the issues raised in this study will allow to consider
the problems from a new point of view and oer comprehensive options
for their solutions, taking into account the leading role of the Civil Code of
Ukraine.
• Research Aim and Research Questions
The purpose of this study is to analyze and study the prospects for
improvement and changes in the development of civil law in modern
realities and to highlight the authors’ proposals for improving its evolution
and adaptability.
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Nataliya O. Davydova, Olesia Otradnova, Iryna Svitlak, Iuliia Baieva y Viktoriya Hetsko
Trends in the development of civil law at the present stage
1. Research Methodology
• General Background
The methodological basis of the study includes general philosophical
approaches, as well as general scientic and special scientic methods of
knowledge that meet the main objectives and tasks set by the authors. In
the process of scientic research was used dialectical method of scientic
knowledge, in the application of which the principles of development,
objectivity, and comprehensiveness were taken into account. The dialectical
method allowed to substantiate the regularities of legal understanding of
the essence and role of the regulation of relations in civil law.
The anthropological approach claries the nature of the legal basis for
the development of civil law. An important place in the process of studying
the legal nature is taken by the synergistic method, which revealed the
specics of certain types of objects and rights. The use of methods and
techniques of logic allowed to generalize the approaches to the disclosure of
the legal nature of civil law presented in the doctrine.
The historical and comparative method became the basis for identifying
the universal and dierent in the legal regulation of civil legal relations at
the present stage. Through the method of complex analysis, an attempt was
made to solve complex theoretical and practical problems with the help of
interrelated sciences such as philosophy, computer science, sociology, etc.
The method of system analysis is widely used in the study as the main in
the process of researching the theoretical foundations of the regulation of
civil relations.
In turn, the methods of generalization, synthesis, analysis, abstraction
allowed to conduct research and justify the specics of legislative regulation.
A formal legal method was used to analyze the content of international
documents containing standards of legal regulation of civil relations,
the practice of the European Court of Human Rights, as well as national
legislation of Ukraine. In conclusion, the study used the theoretical and
predictive method, as a result of which proposals for the improvement and
actualization of the civil legislation of Ukraine were developed.
• Sample / Participants / Group
The scientic and theoretical basis was provided by scientic research
of domestic and foreign scientists. The documentary and actological basis
was a statistical study, current legislation, and empirical base of research -
generalization of judicial practices, reference publications, court decisions.
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2. Research Results
The rst real changes aimed at updating the legislation in the civil sector
began in the 2000s and continue to this day. In recent years there have
been some fragmentary, but really important clarications on a number
of objects of rights, improvement of the whole array of legislation, and
practice of protection of these rights in court.
Meanwhile, the negative aspects manifested themselves in frequent
cases of disagreement of these proposals, changes, and judicial practice
with the doctrine of civil law, the concept of the current Civil Code of
Ukraine, which explains the inability of the entire industry to undergo
systemic transformation without taking into account the theoretical basis
and ideology of civil law (Dovgert, 2017; Gorinov, 2022).
Despite the fact that the current Civil Code of Ukraine contains a
signicant list of norms regulating personal property and non-property
relations, it does not contain systematic legal material on personal non-
property rights to information and other information rights. Thus,
consistent provision of positive regulation of the content of personal non-
property information rights is not yet on the agenda.
The Civil Code of Ukraine does not contain provisions that would
fully regulate relations with the specics of new technologies, virtual
environment, and the needs of the global information society, considering
the place of personal non-property rights to information, proposals on
the implementation and protection of personal non-property rights to
information of individuals and legal entities. “This aects the regulation
of civil rights, in particular the search for points of contact and dierences
in civil law regulation” (Everett, 2016: 182; Kuznietsova et al., 2021: 5-15).
Book Four of the Civil Code was based on the theory of exclusive
intellectual property rights and, despite the existence of several other
theories in this area, this theory has proven its importance, practical
value and ability to solve the problems of copyright as the most developed
institution both in individual cases and when used in contractual relations
in the eld of copyright and the protection of these rights; the discussion
on the application of other theories or their combination has not provided
grounds for changing the central theory, co Norms of the Civil Code of
Ukraine is an integral system of provisions that are developed in accordance
with unied principles and based on unied method of regulation of social
relations.
It addresses the rules governing ownership relations based on
equality, freedom of disposal, non-interference in the personal life of an
individual; judicial protection of any violated civil right; fairness, good
faith, reasonableness etc., which emphasizes the close relationship with
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Nataliya O. Davydova, Olesia Otradnova, Iryna Svitlak, Iuliia Baieva y Viktoriya Hetsko
Trends in the development of civil law at the present stage
the practice of implementation of provisions Normative acts of the current
legislation, containing civil law norms and regulating civil relations,
regardless of whether they are purely civil or related, in their civil law part
normative acts should be subject to the general provisions of the Civil Code
of Ukraine.
The sub-branch of intellectual property rights contained in the Civil Code
of Ukraine, currently allow to emphasize common features and dierences
in the regulation of civil information relations and intellectual property
relations, which requires additional detailing in the Civil Code of Ukraine.
Some provisions of the Civil Code of Ukraine during its existence have
proven to be eective both in theory and in practice, including through
regulation at the level of special laws, but now there is a tendency to slow
down this process. Therefore, some theoretical and practical problems are
still relevant. The issue of compliance with the content of Article 421 of
the Civil Code of Ukraine also needs theoretical reection. According to
this article, subjects of intellectual property rights are the creator(s) of an
object of intellectual property rights (author, performer, inventor, etc.) and
other persons possessing personal non-property and/or property rights
of intellectual property in accordance with the present Code, other law or
agreement.
The Civil Code of Ukraine distinguishes categories of “person” and
“participant of civil legal relations”: according to Article 2 of the Civil
Code of Ukraine persons are natural persons and legal entities, and the
category “participant of civil legal relations” includes natural persons and
legal entities, and as the subjects of public law, it may be the state, the
Autonomous Republic of Crimea, territorial communities, foreign states.
Subjects of intellectual property rights are formally only the creator and
other natural and legal persons to whom intellectual property rights belong.
The State, territorial communities, foreign states, or international
organizations as the subjects of public law, according to the current
version of Article 421 of the Civil Code of Ukraine, are not the subjects of
property rights. To overcome this conict, the doctrine proposes to apply
an expansive rather than a literal interpretation of the text of the legislative
act, interpreting the subjects of ownership rights not only as individuals
and legal entities but also other participants of civil relations. Experts point
to the need to eliminate this legislative gap.
Even before the pandemic, the many steps and complex documentation
required to handle civil litigation cases made navigating the civil legal
system dicult for people without the help of lawyers. Such individuals
are perhaps the largest and most diverse group aected by litigation, and
whether they are plaintis or defendants, they face many obstacles because
of their incompetence in modern computer technology.
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Civil plaintis who attempt to bring a lawsuit before the courts encounter
a process that involves a basic level of legal knowledge, an understanding of
legal terminology, and knowledge of the correct forms to submit and how
to submit them, which are prerequisites for them (Mervartova, 2014: 422-
427).
And the civil litigation system is at least as dicult for those who are
sued. Defendants may not receive or fully understand notice of the lawsuit
against them, which can result in a failure to appear in court and a default
judgment in favor of the plainti. Also, litigants often have to endure long
lines, try to ll out complicated forms on their own without legal assistance,
or are unable to spend much time on such activities.
While the courts clearly recognize the need to be helpful to all litigants,
they are based on principles and norms that are more developed by and
for lawyers and have historically had diculty meeting the needs of people
without counsel, much less certain subcategories in this group People
without representation who have limited or limited legal capacity face
additional barriers to accessing the court system. Although court ocials
have long recognized the challenges faced by ordinary people and the
potential of computer technology to address some of these obstacles.
3. Discussion
“Modern civil law emerged as a result of centuries of development”
(Dalal and Chahal, 2016: 9-15). Still internationally, the philosophical
characteristics and legal rights of the individual citizen are explained
by public law, and the role of civil law is to provide the institutions and
doctrines of civil society (Dobrilă, 2018). The distinctive feature of civil law
is its possibility of horizontal execution in society directly against those who
do not fulll their duties and does not depend on the power acting “from the
top down” in the eld of public law.
Property relations, the sphere of civil circulation is increasingly moving
to various kinds of electronic platforms. The process has been accelerated
by the COVID-19 pandemic. The development and application of articial
intelligence technologies actualize the problem of ensuring human security
from the negative impact of such technologies, minimizing threats to
human life and health.
Because of the virtuality of articial intelligence as a social phenomenon,
a product, or a good created by a human, the application of traditional legal
means of regulation of social relations connected with the application of
articial intelligence technologies does not give today a complete solution
of a number of uncertainties arising at the market of goods, works, and
services.
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Nataliya O. Davydova, Olesia Otradnova, Iryna Svitlak, Iuliia Baieva y Viktoriya Hetsko
Trends in the development of civil law at the present stage
The use of modern means of communication in commercial and domestic
activities has contributed to the formation of a fundamentally new sphere
of legal relations associated primarily with the electronic exchange of data,
in which various subjects of civil relations take part (Cui and Qi, 2021).
Recently, one of the most relevant topics is the formation and development
of the legal regime of electronic transactions. In this regard, there are many
problems in the regulation of this sphere of civil legal relations.
Information is becoming the most important resource of society. Sectors
of the economy directly related to information and telecommunications
technologies are developing faster than traditional industries and are
becoming dominant. The emergence of modern means of communication
has signicantly changed the forms and methods of civil transactions.
Speed and convenience are the main advantages of electronic document
ow. Eciency plays a huge role and aects the outcome of transactions in
a market economy. The introduction of new information technologies into
practice leads to complication of legal support of the electronic transaction.
Transactions in electronic form are widespread in various spheres
of civil circulation (Janku, 2014). First of all, it concerns purchase and
sale transactions (settlement transactions, purchase of goods, works and
services, exchange transactions, securities purchase and sale transactions,
etc. (Mingaleva and Mirskikh, 2013; Yasmin, 2016).
However, due to insucient adaptation of the conceptual apparatus of
civil law transactions with the use of information technologies in practice,
diculties arose in the interpretation of the terms “oral” and “written”
forms of the transaction on contracts in electronic form. Legislation in
Western Europe and the USA allows concluding transactions in electronic
form. For a transaction to be valid, counterparties must be present.
The legal nature of the electronic form of the transaction is dened in the
legal literature as a kind of simple written form (Kornienko, 2015). However,
this provision requires revision on the following grounds. Firstly, it can
be concluded that not in all cases such a contract is concluded in writing
with the use of information technology by the parties in the conclusion of
contracts. The law establishes the formal attributes of the written form of
the transaction, which must be complied with.
This problem stems from the fact that, when using information
technology to negotiate the terms of a futures contract, the parties do not
always conclude the contract in writing (e.g., via Skype, telephone, fax,
etc.). Secondly, even if the parties comply with all the legal requirements
regarding the written form of the transaction, the properties of the electronic
form of the concluded contract may be so dierent from the traditional
written form that there is reasonable doubt as to whether the electronic
form and the written form of the transaction are the same.
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It should be noted that there is no legal denition of “electronic
transaction” at the level of national legislation of the world and international
law, although in the EU and other European and world countries dierent
legal acts partially regulate electronic transactions, including such concepts
as electronic commerce, consumer protection in remote transactions,
electronic signature, provision of services in electronic cash.
Internet technology and Internet rights are developing rapidly. New
services and opportunities to enter into contracts online are appearing, and
the number of online purchases and nancial services is growing. There are
5.11 billion unique mobile users in the world today, 2% more than in 2021.
Among the issues requiring a thorough theoretical and practical analysis,
an important place belongs to the denition of the concept of electronic
transactions and the classication of electronic transactions (Kryzhna,
2019).
Participants of civil turnover face several problems when concluding
contracts in the Internet space. First, it is dicult to establish the place of
the conclusion of the contract. Secondly, there is the problem of proving
the fact of the contract, as well as the immutability and storage of the data
recorded in the contract. Thirdly, there is the problem of establishing the
fact of receipt of the document from the counterparty. Fourthly, there is
a possibility of hacking of condential information about the terms of the
contract.
An important attribute of the status of electronic transactions is the
inability to perform them on certain objects (Everett et al., 2016; Rae
and Abbas, 2021). Thus, an electronic transaction cannot be concluded
in a situation where the law requires mandatory notarization and/or
state registration of the transaction. Thus, for example, most real estate
transactions are excluded from e-commerce (Melnychenko, 2021: 9).
Restrictions on the subject composition of electronic transactions must
also be established. For example, a party represented by a seller, supplier,
etc. cannot, by default, be a natural person who is not registered as an
entrepreneur, but sells goods, provides services, or performs work. This
means that transactions concluded on the Internet (including through
existing trading platforms) between two persons are not subject to the
legislation on electronic commerce, unless the parties have agreed otherwise
(Yakubivskyi, 2019; Prokopenko, 2021: 26).
It should be noted that any electronic communications related to the
conclusion of an electronic transaction and hard copies thereof may be
introduced into court as evidence.
There are also ongoing discussions about supplementing national
legislation with requirements to protect scientic publications of works
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Nataliya O. Davydova, Olesia Otradnova, Iryna Svitlak, Iuliia Baieva y Viktoriya Hetsko
Trends in the development of civil law at the present stage
that have fallen into the public domain (Rakhimjonov, 2021; Svitlak and
Huts, 2022).
The problem is that a proper system of collective management
organizations has not yet been created; the search for an appropriate legal
model remains relevant. At the same time, the Law of Ukraine “On Ecient
Management of Property Rights of Holders of Copyrights and (or) Related
Rights” cannot be recognized as such, which gives adequate answers to all
questions of activities of collective management organizations.
At the doctrinal level, the conict of legal regulation in the eld of
intellectual property is still being discussed, which should be adopted in
favor of the Constitution and the Civil Code of Ukraine. In particular, under
Article 429 of the Civil Code of Ukraine, which regulates the distribution
of intellectual property rights to objects created under the employment
contract (property rights to such objects belong jointly to the employer
and the employee, who created such objects unless otherwise provided by
the employment contract) and special laws on intellectual property, which
contain provisions stating that the exclusive ownership of the work or
ocial invention belongs, unless otherwise provided by the employment
contract Thus, part 2 of Article 1114 of the Civil Code of Ukraine establishes
the provision that the fact of transfer of exclusive proprietary rights to
objects of intellectual property is subject to state registration.
Such exclusive rights include rights to objects of patent law, for example,
the layout of an integrated circuit and trademarks; these rights enter
into force from the moment of their registration, and the agreement on
the transfer of ownership rights to such objects is considered valid from
the moment of its state registration. Special legislation contains other
requirements for state registration of agreements on the transfer of rights
to industrial property objects, establishing the optional nature of such
registration.
It is necessary to eliminate the conict, taking into account the provisions
of the Civil Code of Ukraine. The problem is that the provisions of Chapter
41 of the Civil Code of Ukraine “Intellectual Property Rights for Innovation
Proposal” and Chapter 38 “Intellectual Property Rights for Scientic
Discovery” are somewhat outdated: rationalization was aimed at improving
already known technical, technological or organizational solutions, was
mass and available, but now inventors can use other ways to protect the
results of their technical work, to patent as an invention or utility model,
design as an innovative proposal (it is in the case of patenting that the owner
of the protection document receives real intellectual property rights).
Due to the lack of special legislation, the legal protection of scientic
discoveries in Ukraine is not provided at all, and the provisions of Chapter 38
of the Civil Code of Ukraine are not actually implemented. It was repeatedly
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proposed to include scientic discovery in the objects of information rights
since even this category is dened through the concept of information, and
its regulation in the fourth book was intended to emphasize its importance
as a result of obtaining information of exceptional importance, to indicate
the name of the person (persons) who made the discovery, and/or gives a
name at their own discretion, specially enshrining the rights, which can be
fully realized through the institution of rights to information.
Thus, it can be implemented, including in view of trade secrets, in Book
One, in determining and attributing discovery to the objects of civil rights
of Article 200 of the Civil Code of Ukraine.
Also, Article 418 of the Civil Code of Ukraine (denition of intellectual
property rights) states that intellectual property rights are “the right of
a person to the result of intellectual, creative activity or other objects of
intellectual property rights, as dened by this Code and other laws”. Thus,
the concept of “intellectual property” is dened through the concept of
“intellectual property object”, which does not give the right idea of the
category in question and requires the attention of the legislator.
Civil lawyers also note the need to resolve the conict between the
provisions of Article 430 of the Civil Code of Ukraine and Article 1112 of the
Civil Code of Ukraine: for example, under Article 430 of the Civil Code of
Ukraine, intellectual property rights to the object created on commission
belong jointly to the creator and the client, unless otherwise provided by the
contract, and under Article 1112 of the Civil Code of Ukraine, the contract
for creation on commission and use of the intellectual property must
contain provisions on the methods and conditions of use of the intellectual
property. Thus, the intellectual property rights as such are not transferred
to the customer but must be specied in the contract. Current legislation
does not contain details of this legal provision.
The legal literature suggests using a special provision of Article 1112 of
the Civil Code of Ukraine on par with the wording of Article 430 of the Civil
Code of Ukraine.
The introduced Provisions on the rejection of the division of indications of
origin of goods into simple and qualied established the term “geographical
indication”, which introduced changes in the subjects of the right to a
geographical indication, etc., but other law this category applies only to the
protection of intellectual property rights to geographical indications, so,
need clarication.
A number of technical errors repeatedly pointed out by both scholars
and practitioners should be eliminated: 1) the provisions of Part 4 and
provisions of Part 6 of Article 488 of the Civil Code of Ukraine, regulating
the eect of ownership rights coincide literally 2) in accordance with
Part 3 of Article 1122 of the Civil Code of Ukraine “the condition of the
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Trends in the development of civil law at the present stage
contract, under which the user has the right to sell goods (perform work,
render services) exclusively to a particular category of buyers (customers)
or exclusively to buyers (customers) located (place of residence) in the
territory specied in the contract”. The legislator omitted the nal phrase –
“loses force”, therefore, the elimination of this essential omission will allow
Part 3 of Article 1122 to acquire legal meaning, etc.
Given the wording of Article 181 of the Agreement, the provisions of
Article 429 of the Civil Code of Ukraine on the relationship to create computer
programs in the performance of the employment contract shall be amended
accordingly (namely, as stated in the Agreement: if the computer program
is created by the employee in the performance of his duties) obligations or
in accordance with the instructions of the employer, all exclusive property
rights to the created computer program, unless otherwise provided by the
contract belong to the employer).
In the eld of patent law, attention is drawn to the provisions of the
agreement relating to the protection of health and biotechnology inventions,
in particular, the agreement contains the obligation to provide an additional
period of protection for a drug or plant-protection product protected by a
patent and which has undergone an administrative procedure. authorization
- an additional safety certicate.
The provisions of Articles 197 and 198 of the agreement provide for the
possibility to cancel the registration of a trademark if, within a continuous
period of ve years, it has not been put into use in the relevant territory for
the goods or services for which it is registered, and there are no relevant
reasons for non-use. In contrast to the provisions of the Agreement, the
Law of Ukraine “On Protection of Rights to Marks for Goods and Services”
establishes a three-year period of non-use of the mark, which may
constitute grounds for early termination of the certicate. The regime of
the legal protection of industrial designs established under the Agreement
diers from the regime of national law in terms of protection of industrial
designs, because the agreement in addition to innovation also points to the
individual level.
Consistent and critical understanding of the doctrine of civil law in
the process of updating the Civil Code of Ukraine taking into account the
achievements of the international community and international instruments
will bring the Civil Code of Ukraine and legislation to a modern level with
other leading countries. It is necessary, among other things, to understand
that the systematization of special laws, especially at the level of any codes
(such as the Industrial Property Code) should be rejected as contrary to the
very idea of codication at the level of the Civil Code of Ukraine as the main
document regulating these relations.
623
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Vol. 41 Nº 76 (2023): 611-626
After the update, the Civil Code of Ukraine should remain the main
codied act in the sphere of civil regulation, taking into account the
obligations undertaken by Ukraine in the framework of the Association
Agreement with the EU.
Conclusions and Implications
Considering that the above aspects, we can conclude that the execution
of transactions on the Internet and the territory of Ukraine is becoming
more widespread in recent times. The notion of electronic transaction given
in the Law of Ukraine “On electronic commerce” is of little informative
nature. The biggest diculty in determining the validity of an electronic
transaction arises in the identication of the parties.
Lack of information about the subject composition of the transaction
actually makes the consumer powerless, and recent changes to civil
legislation are fragmentary. The rapid pace of development of the
latest technologies, constant changes in the forms and methods of such
transactions require lawyers to fundamentally rethink traditional legal
institutions and provisions of national legislation with reference to the
practice of foreign countries.
The vital role of civil law today is to provide the basis for legal institutions,
doctrines, and operations based on civil society, balancing private rights
with legal duties and responsibilities. Civil law provides the legal basis for
government regulation and a direct method of redress for damages caused
by illegal acts. Civil law remedies relate to the protection of human rights
and overcoming corrupt practices, providing a barrier to illegal actions and
adding depth to state regulation.
The rapid development of articial intelligence technology and robotics
requires appropriate legal regulation of the emerging new social relations.
Many issues need to be resolved now. In particular, we should think about
solving the issues of who owns the copyrights to the works created by
the robot. No less important is the personalization of responsibility for
execution with the help of articial intelligence technologies.
It is necessary to develop a system of legislative restrictions on the
military use of robots, as well as an international system of control over the
development of powerful articial intelligence technologies, comparable in
intelligence to the human brain.
To summarize, it should be noted that the branch of civil law does not
require radical changes, except for a number of provisions on the nature
of information objects and the correction of obvious errors. In addition,
all provisions must comply with the spirit and principles of civil law, to be
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Nataliya O. Davydova, Olesia Otradnova, Iryna Svitlak, Iuliia Baieva y Viktoriya Hetsko
Trends in the development of civil law at the present stage
analyzed for their eectiveness, feasibility, correct wording, and absence of
conicts.
The key issue is the need to preserve the role of the Civil Code of Ukraine
as the embodiment of common methodological and doctrinal positions
in the eld of general principles of intellectual property regulation for all
currently known objects of intellectual property rights, the possibility of
combining other provisions, especially the general provisions of the Code
and special laws, which allows to maintain the latter industry civilized
approach to the content of intellectual property rights, common special
remedies and common approaches to concluding agreements on the
alienation of intellectual property rights.
Bibliographic references
APETREI, Irina. 2014. “The Reevaluation of Paternity Presumptions in the
Current Civil Code” In: Procedia, Social and Behavioral Sciences. Vol.
149, pp. 54-58.
AZIMOV, Chynhizkhan Nufatovych. 1981. “Contractual relations in the eld
of scientic and technological progress”, dissertation of Doctor of Law
12.00.03 Civil law, family law, civil procedure, private international law
Kharkov. Dzerzhynskyi Institute of Law. Kharkov: 1981. 349 p. Available
online: In: https://search.rsl.ru/ru/record/01001039260. Consultation
date: 15/11/2022.
BAZHANOV, Valentyn. 2014. Contractual legal relations in the copyright of
Ukraine. Monograph. PE Soroka T.B. Lviv, Ukraine.
CONSTITUTION OF UKRAINE. 2004. Folio, 48 p. ISBN 966-03-2610-6.
Kharkiv, Ukraine.
CUI, Shujie; PENG, Qi. 2021. “The Legal Construction of Personal Information
Protection and Privacy under the Chinese Civil Code” In: Computer Law
and Security Report. Vol. 41, No. 105560.
DALAL, Rajbir Singh; CHAHAL, Ekta. 2016. “Ministers and civil servants’
relations in India: an evaluation” In: International research journal of
engineering, IT & scientic research. Vol. 2, No. 3, pp. 9-15.
DOBRILĂ, Mirela Carmen. Oct. 2013. “The Succession Rights of the Surviving
Spouse in the New Civil Code” In: Procedia - Social and Behavioral
Sciences. Vol. 92, pp. 265-269.
625
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 611-626
DOVGERT, Anatoliy. 2017. “Encyclopedia of Private International Law” In:
[S. l.]: Edward Elgar Publishing, p. 2602–2611. Available online: In:
https://doi.org/10.4337/9781782547235.nu.1. Consultation date:
27/10/2022.
EVERETT, Bethany; HATZENBUEHLER, Mark; HUGHES, Tonda. 2016.
“The impact of civil union legislation on minority stress, depression,
and hazardous drinking in a diverse sample of sexual-minority
women: A quasi-natural experiment” In: Social Science & Medicine.
Vol. 169, pp. 180-190. Available online: In: https://doi.org/10.1016/j.
socscimed.2016.09.036. Consultation date: 27/10/2022.
GORINOV, Pavlo. 2022. “Space Law in Ukraine: Current Status and Future
Development” In: Futurity Economics&Law. Vol. 2, No. 2. Available
online: In: http://www.futurity-econlaw.com/index.php/FEL/article/
view/17. Consultation date: 20/10/2022.
JANKU, Martin. 2014. “Statutory Pre-emption Right as Changed by the New
Civil Code” In: Procedia Economics and Finance. Vol. 12, pp. 259-264.
KAPITSA, Yurii. Intellectual property rights of the European Union and
Ukrainian legislation. Publishing house “Slovo”. Kyiv, Ukraine.
KORNIENKO, Anna Jan. 2015. “The Concept of Knowledge Society in the
Ontology of Modern Society” In: Procedia - Social and Behavioral
Sciences. Vol. 166, pp. 378-386.
KRYZHNA, Valentyna. 1999. “Draft Civil Code of Ukraine and regulation of
creative activity results in patent law” In: Bulletin of the University of
Internal Aairs. Vol.6, pp.134-138.
KUZNIETSOVA, Nataliia; PETRYSHYN, Oleksandr; PYLYPENKO, Denys.
2021. “The Civil Code of Ukraine – A Reliable Regulator of Civil Relations
in Civil Society” In: Global Journal of Comparative Law. Vol. 10, No. 1-2,
pp. 05-15.
MATVEEV, Petro. 2013. “Theoretical and Legal Justication on Interdependence
of Modernization and Innovation Processes as Objects of Economic
and Legal Support of Innovative Development” In: Law. Man.
Environment. No. 182. Available online: In: http://journals.nubip.edu.
ua/index.php/Pravo/article/view/775. Consultation date: 15/09/2022.
MELNYCHENKO, Nataliia. 2021. “Claim and its modern modications:
denitions of the future” In: Futurity Economics & Law. Vol. 1, No. 1, pp.
04-11.
626
Nataliya O. Davydova, Olesia Otradnova, Iryna Svitlak, Iuliia Baieva y Viktoriya Hetsko
Trends in the development of civil law at the present stage
MERVARTOVA, Jana. 2014. “Compensation of Injury in the New Civil Code
and Compensation for Damage according to the Labour Code” In:
Procedia Economics and Finance. Vol. 12, pp. 422-427.
MINGALEVA, Zhanna; MIRSKIKH, Irina. 2013. “The Problems of Legal
Regulation and Protection of Intellectual Property” In: Procedia - Social
and Behavioral Sciences. Vol. 81, pp. 329-333.
NOSIK, Yurii. 2006. “Rights to trade secrets in Ukraine (civil law aspect)”. Taras
Shevchenko National University of Kyiv. Kyiv, Ukraine.
PROKOPENKO, Olha. 2021. “Internet banking market of the future: formation
and development” In: Futurity Economics & Law. Vol. 1, No. 1, pp. 23-28.
RAFIE, Ahmad Shubhan; ABBAS, Ilham. 2021. “Juridic Review Concerning
Implementation of Cooperative Save-Loan Credit Agreements Based
on The Book of Civil Law” In: Golden Ratio of Law and Social Policy
Review (GRLSPR). Vol.1, pp. 32-37. Available online: In: https://www.
goldenratio.id/index.php/grlspr/article/view/190. Consultation date:
15/08/2022.
RAKHIMJONOV, Akmaljon. 2021. “Increasing Civil Liability for Violation of
Rights to Real Estate” In: The American Journal of Political Science Law
and Criminology. Vol. 03, No. 04-32, pp. 205-212.
SVITLAK, Iryna; HUTS, Nataliia 2022. “The Legal Charter of the Company of
the Future: The Order of Creation” In: Futurity Economics&Law. Vol. 2,
No. 1, pp. 22-27.
SVITNEV, Konstantin. 2010. “Legal regulation of assisted reproduction
treatment in Russia” In: Reproductive BioMedicine Online. Vol. 20, No.
7, pp. 892-894.
YAKUBIVSKYI, Ihor. 2019. Problems of acquiring, exercising and protecting
intellectual property rights in Ukraine. Extended abstract of the
dissertation of Doctor of Legal Sciences. Ministry of Education and
Science of Ukraine, Ivan Franko National University of Lviv. Lviv,
Ukraine.
YASMIN, Munnie. 2016. “Legal Liability in Standard Form of Contract” In:
International Research Journal of Engineering, IT & Scientic Research.
Vol. 2, No. 9, p. 39.
www.luz.edu.ve
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Esta revista fue editada en formato digital y publicada
en enero de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 76
