Abolition of the commercial code of Ukraine: potential consequences and necessary prerequisites

https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80. Parts 2 and 3 of this Art. contain a referential provision to special legislation, in particular the Law of Ukraine «On the Legal Regime of State of Emergency»¹ dated 25.04.2000 and the Law of Ukraine «On the Zone of Emergency Ecological Situation» Law of Ukraine “On Legal Regime of Emergency”. (2012, March). Retrieved from https ://zakon. rada. gov.ua/laws/show/1550-14 Law of Ukraine “On the zone of emergency environmental situation”. (2000, July). Retrieved from https ://zakon.rada. gov.ua/laws/show/1908-14 dated 25.08.2000.

The provisions of Art. 417 of the Commercial Code of Ukraine also refer to special legislation, namely the Law of Ukraine «On the Legal Status of Martial Law» dated 10.06.2015, which regulates relations in the event of declaration of martial law, including the Law of Ukraine «On Defence of Ukraine» dated 25.12.1991. Art. 418 of the Commercial Code of Ukraine contains a contradictory rule, since the special economic regime is governed by a number of special laws, which are adopted upon the submission of the Cabinet of Ministers of Ukraine in case of stabilization or acceleration of development of certain sectors of the economy. Part 2 of this article has no regulatory impact, because according to Art. 55 of the Constitution of Ukraine, everyone is guaranteed the right to challenge the decisions, actions or inaction of state authorities, local selfgovernment bodies, officials and officers in court.

Thus, Chapter 41 «Other Types of Special Economic Activity Regimes», in particular Articles 411-418 of the Commercial Code of Ukraine contain blanket rules, which duplicate the provisions of special legal acts, have no regulatory impact in their content, and therefore should be excluded in full.

Conclusions

The analysis of the provisions of the Commercial Code of Ukraine, its comparison with certain provisions of the Civil Code of Ukraine, individual laws and other regulations gives grounds to conclude that most of the rules of the Commercial Code of Ukraine are referential or blanket, and therefore have minimal regulatory impact and, as a rule, duplicate the provisions enshrined in other regulations. In such circumstances, to simplify the legal regulation of entrepreneurial activity, as well as in view of the obligations of our country (in particular, to bring the Ukrainian legislation in conformity with the legislation of the EU countries in legislation on the establishment and activity of companies, corporate governance, protection of shareholders' rights, lenders and other stakeholders on the further development of corporate governance policies in line with international standards, as well as the progressive approximation with rules and recommendations of the EU in this area), feasibility of the abolition of the Commercial Code of Ukraine raises no doubts.

Finally, it can be stated that the dispute of civilists with economic executives has long been resolved in favour of freedom by life itself in the post-Soviet space and by the experience of all countries with market economy. Therefore, any revival of economic executives, wherever it takes place, should always be regarded as an attack on freedom. The modern school of business law, with the help of the Commercial Code of Ukraine, seeks to narrow the freedom, the field of private law… It must be clearly understood that the concept of business law is a legal instrument of neo-totalitarianism.

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