"TURKISH EXPERIMENT" IN BORROWING OF EUROPEAN LAW: COMPREHENSION AND EXPERIENCE FOR UKRAINE

The article analyzes the path of large-scale legal reforms in Turkey over the past century and a half, aimed at changing the identity of the country and society, namely, the transition from the Islamic legal system to the modern legal system of continental (Roman-Germanic) law. The reasons and context of reform efforts in the late Ottoman Empire and during the transition to the Turkish Republic are given. The main emphasis is placed on civil law reforms, since it is this that is the identifying feature of belonging to continental law, embodying the dogma and style of the latter. The codification process for the creation of the Civil Code of Turkey of 1926 is analyzed. The nature of the borrowing of the content of this code from Swiss legislation, which was a literal translation of the Swiss Civil Code and the Swiss Law of Obligations, is determined. The Turkish Civil Codes of 1926 and 2002 are compared. The article points out the Islamic revisionism that threatens the continental legal system, which has been taking place in Turkey in recent decades. The Turkish legal system, despite centuries of reforms, has again found itself at a crossroads. It turned out that the reform efforts aimed at borrowing foreign law are extremely insufficient. Even the literal reproduction of the content of foreign sources of law and the disciplined application of these prescriptions by judges and other lawyers are not able to create an effective legal system. Such law will be perceived as alien by the majority of the population. Much more is needed, namely the transformation of modernized law into the cultural experience of the people. Law has the power to change society if it itself ceases to be associated exclusively with the state and coercion by power. Law should become the property of the people, that in which the people find expression of their aspirations and dreams. The uncertainty of the future of the Europeanized legal system and Turkey should motivate them to create their own law with the help of their own thinking. Europe and Europeanness cannot be limited to the dogma of law. And they turn out to be that which is incapable of transplantation from one legal culture to another. This should be an experience that Ukraine should take into account for the successful Europeanization of society and the state.