Legality of transactions: the dialectic of private and public interests
Year: 2025
Type: article
Abstract: The article is devoted to a comprehensive analysis of the legality of transactions in the civil law of Ukraine. The essence of the concept of legality as a fundamental characteristic of a transaction that ensures the realization of the interests of its participants in the legal field is investigated. The author traces the historical continuity of modern concepts of transactions from Roman law, in particular regarding the classification of transactions, formal requirements and grounds for declaring transactions invalid. The work clearly distinguishes between the concepts of «legality» and «legality» of a transaction. It is substantiated that legality is a broader concept and covers compliance not only with the norms of positive law, but also with other sources of civil law, in particular its principles, customs and generally recognized requirements. Special attention is paid to the problem of transactions that violate public order. The author explores the paradox of an invalid illegal act, which formally should not give rise to legal consequences, but actually does, analyzes the criteria for determining public order and justifies the need for its expanded interpretation. Based on the analysis of current legislation and judicial practice, the author proves that a transaction can be defined as violating public order if it is aimed at violating public legal normative acts of the state that determine the foundations of the state structure, political system and economic security of the state, and is qualified as a crime or administrative offense. The position is substantiated that the qualification of a transaction as violating public order must be preceded by a court verdict on bringing a participant in such a transaction to criminal liability or a resolution of a competent authority on bringing him to administrative liability. The author suggests specific ways to improve the legal regulation of the institution of transactions, aimed at ensuring the unity of judicial practice and protecting the rights and interests of participants in civil legal relations.
Authors: M. V. Bielova, I. V. Rushchak
Institution: Uzhhorod National University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408943614