МЕЖІ ПРЕЗУМПЦІЇ ПРАВОМІРНОСТІ ПРАВОЧИНУ ТА ЇЇ ПОШИРЕННЯ НА НІКЧЕМНІ ПРАВОЧИНИ

Abstract

The article is based on provisions of current civil legislation, approaches formed in judicial practice, primarily of the Supreme Court, and achievements of domestic legal doctrine. The research is based on the interconnected use of general scientific and special legal methods, in particular methods of synthesis and analysis, formal-legal and logical-legal as well as hermeneutic methods. Based on the interpretation of the norm of Art. 204 of the Civil Code of Ukraine and the practice of the Supreme Court, in this study we substantiate that the presumption of legality of the transaction is applied to all transactions, regardless of the legal basis for declaring them invalid in the future. That is, the presumption of legality and the need to refute it, based on its nature as a legal concept, are applied in both cases: when the invalidity of the transaction is directly established by law (void transaction) or when it is recognized by the court as invalid (disputed or voidable transaction). This is indicated by the logic of the construction of Art. 204 of the Civil Code of Ukraine, which does not distinguish the grounds for the invalidity of the transaction from the point of view of the presumption of legality, stating them next to each other, as well as the conclusions of the Supreme Court, which establish the court's duty to investigate the factual circumstances with which the law connects the invalidity of the transaction, to establish their presence or absence, and, accordingly, to confirm or refute the voidness of the transaction declared by the party or interested person. This understanding of the content of the legal category of the presumption of legality of the transaction helps to ensure the predictability of relevant social relations, the stability of business turnover, and the domestic system of the law of obligations in general.