The new Civil Code of Ukraine is set to bring significant changes to the legal landscape, introducing terms like “good faith” and “domicile” that could impact the lives of citizens. However, some of these changes have sparked confusion and criticism among the public.
In an interview, Mikhailo Khomenko, a co-author of the revised code and an associate professor at Taras Shevchenko National University of Kyiv, discussed the implications of these new terms and the challenges they present, particularly regarding the rights of the LGBT community.
Main Points:
- Introduction of “Good Faith”: This term, which appears frequently in European legislation, aims to provide judges with flexibility in their rulings and to prevent the registration of trademarks that exploit tragedies, such as “Bucha Kombucha.”
- Protection Against Contradictory Behavior: The code will prohibit individuals from acting contrary to their previous commitments, primarily to protect weaker parties in business transactions.
- LGBT Partnership Rights: While the legislation recognizes existing discrimination, Khomenko suggests that this issue should be addressed through a separate bill, which currently lacks support in Parliament.
Khomenko elaborated on the term “good faith,” which appears 45 times in the new code, addressing concerns about its potential subjective interpretation by judges. He noted that civil legislation often includes evaluative concepts, such as “fairness,” which have not raised issues in the past.
Historically, the term “moral foundations of society” was introduced in the 1963 Civil Code of the Ukrainian Soviet Socialist Republic. The new term aims to replace this outdated concept, reflecting a shift away from collectivist ideals and aligning more closely with modern legal frameworks.
Khomenko emphasized that the term “good faith” is not a novel invention but is rooted in established legal traditions across various jurisdictions, including references in Roman law and contemporary civil codes in Europe.
The introduction of this term has raised public concerns about potential moral overreach, particularly given its frequent usage in the code. Khomenko reassured that the intention is not to impose moral judgments but to provide a legal framework that prevents exploitation of sensitive situations.
Another significant change in the code is the prohibition of contradictory behavior, which aims to hold individuals accountable for their commitments in business dealings. This principle, known as “venire contra factum proprium,” is recognized in various legal traditions and seeks to protect weaker parties.
Khomenko acknowledged the societal discomfort surrounding the lack of recognition for same-sex partnerships in the new code. He pointed out that while the current legal framework does not improve conditions for the LGBT community, it also does not worsen them. He suggested that a separate legislative initiative could address these issues without conflicting with the existing constitutional framework.
The interview highlighted the complexities of integrating modern legal principles while respecting traditional values, particularly in the context of Ukraine’s ongoing European integration efforts. Khomenko noted that the current political climate poses challenges to advancing LGBT rights within the legal framework.
As discussions continue, Khomenko emphasized the importance of dialogue and the potential for future legislative changes to address the concerns of the LGBT community and other marginalized groups.
The new Civil Code of Ukraine introduces significant changes, including the concept of 'good faith' and protections against contradictory behavior. While these changes aim to modernize the legal framework, they have raised concerns, particularly regarding the rights of the LGBT community.