Nowaday Problems Of Application Of Civil And Economic Codes In Regulation Of Private Relations With The Participation Of Subjects Of Public Law

  • Oleh Pervomaiskyi
Keywords: legal entity of public law, State of Ukraine, the state authorities, local community, business entities, participants of civil legal relations.


This article researches the results of a 10-year experience of simultaneous application of the Civil Code of Ukraine and the Economic Code of Ukraine in regulation of private relations with the participation of state of Ukraine and other subjects of public law and stated imperfection of these codes. In particular, states that the current Civil Code of Ukraine, firsty, does not determine the correlation between the subject of public law and legal entity, secondly, in fact, gives the state of Ukraine and other subjects of public law status of sui generis participants in civil relations Thirdly, unfoundedly complicates the systematics of public law subjects as participants of civil relations. In turn, the Economic Code of Ukraine, actually refuses to provide economic and legal status of such subjects of public law as territorial community, Autonomous Republic of Crimea, foreign states, while introducing own system of economic relations participants that do not comply with the provisions of the Civil Code of Ukraine. Consequently, it is proposed to amend current legislation of Ukraine by coherent changes.