Year: 2022
Type: article
Abstract: The article examines the importance of the Draft Common Frame of Reference (DCFR) in the context of the tasks facing Ukraine in connection with its official acquisition of the status of a candidate for membership of the European Union on June 23, 2022. It is noted that traditionally in Ukrainian civil studies, the Draft Common Frame of Reference (DCFR) was considered as an indicative list of the principles of European law. At the same time, the process that began after the signing of the agreement on the association of Ukraine with the EU should now move into a new quality, which consists, in particular, in achieving a more complete value filling of the provisions of Ukrainian law. Taking into account this circumstance, both aspects of the DCFR and their significance for the formation of the concept of European private law and the adaptation of the legal systems of the participating countries to it were studied. When characterizing the «principles» category, the authors draw attention to the differences in the understanding of this category in Ukrainian civil studies and in the text of the DCFR. Ukrainian lawyers characterize the principles of law as guiding ideas that determine the content and direction of legal regulation of social relations, at the same time in the DCFR this term is used as a synonym for the expression «nprovisions that do not have the legal force of law». From this point of view, the DCFR model provisions include principles. The article emphasizes that from the understanding of European law as a concept, its characterization follows not only as a set of legal norms, but also as a system of defining humanitarian values based on the legal awareness of the participants in relations in the private sphere. Therefore, based on the analysis of the essence and purpose of the DCFR, it is concluded that their task is to ensure the improvement of national civil law in accordance with the basic values of European civilization. The Conclusions state that in the context of Ukraine’s integration into the European Union and the need for appropriate adaptation of Ukrainian legislation, the provisions of the DCFR should be taken into account when finalizing the concept of civil law, in particular, when improving Ukrainian concept of civil law in accordance with the values of EU law.
Source: Часопис цивілістики
Institution: National University Odesa Law Academy
Language: Ukrainian
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4292332873