Das ukrainische Wirtschaftsgesetzbuch im Lichte der Zivilrechtsreform

Abstract

The coexistence of the Civil Code and the Economic Code is a speciality of the Ukrainian legal system which distinguishes it from the most other jurisdictions in the post-Soviet area. The Economic Code is controversially discussed among legal scholars, whereby the most discussed points are the legislative technique of combining public law and private law issues, as well as the fact that some provisions of the Economic Code contradict provisions of the Civil Code. Having its roots in the Soviet legal system and the academic discourse of the Soviet era, the Economic Code to a certain extent conserves Soviet legal thinking in contemporary Ukrainian law. Thus, the reform of economic law should be one of the priorities of legal reforms in Ukraine. A careful revision of the individual provisions and general principles of Ukrainian commercial law with regard to the question whether they are still functional under the current economic and social conditions would be much more important than a general discussion about the Economic Code as such.