A critical look at the policy of law in the context of the reform of the civil code of Ukraine (some methodological remarks)

Abstract

The questions regarding the current status of Civil Law and its development prospects are being determined by the legal systemsconvergence processes. Under these conditions, the convergence of the legal methodological approaches accepted among the relevantlegal communities is an essential issue.The author notes the modern civil law lost the historical grounds that had been a base for European Continental law, as a consequence,the focus is shifting exclusively to the legal policy factor of civil law development. At the same time, the author remarks thatthe current experience of a convergence being developed in the nuclei of legal orders united by the Western law tradition common forthe Continental and Anglo-American law should be taken into account for the civil law reformation in Ukraine. According to the author,the difficulties of legal reforms in Ukraine are predetermined by the commitment to find in the bowels of Continental law the civilizationalgrounds for building national legal systems, whose relevance is being disputed in the context of the civil law systemic crisis inEurope. The author also remarks that the Ukrainian legal community does not have a clear vision of private law policy.