Гармонізація цивільного та господарського права після скасування Господарського кодексу України: виклики та перспективи

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 challenges associated with changing the economic and legal system, as well as to formulate scientifically substantiated proposals for the further development of civil legislation of Ukraine. The article is devoted to the analysis of the theoretical and methodological foundations of harmonization of law, including the concept of harmonization, its significance in the field of private law, as well as the experience of European countries. Particular attention is paid to the problem of dualism of private law in Ukraine, which causes conflicts between the provisions of the Civil and Commercial Codes, complicating law enforcement. The prerequisites for the abolition of the Commercial Code of Ukraine are revealed, in particular the conceptual flaws of its provisions that duplicate or contradict the norms of the Civil Code. The consequences of this process for the regulation of the legal status of business entities, corporate and contractual relations, as well as administrative and legal mechanisms for supporting entrepreneurial activity are separately analyzed. The prospects for the integration of economic and legal provisions into the Civil Code of Ukraine are substantiated. The authors propose a number of practical steps, including the introduction of a special section in the Civil Code, improving the regulation of entrepreneurship, adopting special legislation in the field of economic activity, and increasing the role of judicial practice in the formation of a unified approach to private law. The study is based on the analysis of scientific works by Ukrainian and foreign researchers. The methodological basis was the comparative legal, systemic-structural, logical-legal and formal-dogmatic methods. The conclusions and recommendations made can be used in the process of improving the legislation of Ukraine and preparing codification changes aimed at achieving the unity of private law and ensuring its compliance with European standards.