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CIVIL CODE OF UKRAINE

of January 16, 2003 No. 435-IV

(The last edition from 23-03-2017)

Book the first. General provisions

Section I. Basic provisions

Chapter 1. Civil legislation of Ukraine
Article 1. The relations regulated by the civil legislation

1. The civil legislation governs the personal non-property and property relations (the civil relations) based on legal equality, free declaration of will, property independence of their participants.

2. The civil legislation is not applied to the property relations based on administrative or other imperious subordination of one party to other party and also to the tax, budget relations if other is not established by the law.

Article 2. Participants of the civil relations

1. Participants of the civil relations are physical persons and legal entities (further - persons).

2. Participants of the civil relations are: state of Ukraine, Autonomous Republic of Crimea, territorial bulks, foreign states and other subjects of the public law.

Article 3. General beginnings of the civil legislation

1. The general beginnings of the civil legislation are:

1) inadmissibility of any intervention in the sphere of private life of the person;

2) inadmissibility of deprivation of the property right, except the cases established by the Constitution of Ukraine and the law;

3) freedom of the agreement;

4) freedom of the business activity which is not forbidden by the law;

5) judicial protection of the civil law and interest;

6) justice, conscientiousness and rationality.

Article 4. Acts of the civil legislation of Ukraine

1. The basis of the civil legislation of Ukraine is constituted by the Constitution of Ukraine.

2. The main act of the civil legislation of Ukraine is the Civil code of Ukraine.

Acts of the civil legislation are also other laws of Ukraine which are adopted according to the Constitution of Ukraine and this Code (further - the law).

If the person of law of the legislative initiative provided the bill which governs the civil relations differently, than this Code to the Verkhovna Rada of Ukraine, it shall provide at the same time the bill on modification of the Civil code of Ukraine. The provided bill is considered by the Verkhovna Rada of Ukraine along with the relevant bill on modification of the Civil code of Ukraine.

3. The civil relations can be governed by acts of the President of Ukraine in the cases established by the Constitution of Ukraine.

4. Acts of the civil legislation are also resolutions of the Cabinet of Ministers of Ukraine.

If the resolution of the Cabinet of Ministers of Ukraine contradicts provisions of this Code or other law, relevant provisions of this Code or other law are applied.

5. Other public authorities of Ukraine, authorities of the Autonomous Republic of Crimea can publish the regulatory legal acts governing the civil relations only in cases and in the limits set by the Constitution of Ukraine and the law.

6. The civil relations are governed equally in all territory of Ukraine.

Article 5. Operation of acts of the civil legislation in time

1. Acts of the civil legislation govern the relations which arose from the date of their introduction in force.

2. The act of the civil legislation has no retroactive effect in time, except cases when it mitigates or cancels the civil responsibility of person.

3. If the civil relations arose earlier and were regulated by the act of the civil legislation, invalid, the new act of the civil legislation is applied to the rights and obligations which arose from the moment of its introduction in force.

Article 6. Acts of the civil legislation and agreement

1. The parties have the right to sign the agreement which is not provided by acts of the civil legislation, but corresponds to the general beginnings of the civil legislation.

2. The parties have the right to settle in the agreement which is provided by acts of the civil legislation, the relations which are not settled by these acts.

3. The parties in the agreement can depart from provisions of acts of the civil legislation and settle the relations at own discretion.

The parties in the agreement cannot depart from provisions of acts of the civil legislation if in these acts it is directly specified about it and also if obligation for the parties of provisions of acts of the civil legislation follows from their content or from being of the relations between the parties.

4. Provisions of parts one, the second and third this Article are applied also to unilateral transactions.

Article 7. Custom

1. The civil relations can be governed by custom, in particular business custom.

Custom is the rule of conduct which is not established by acts of the civil legislation, but being steady in certain sphere of the civil relations.

The custom can be fixed in the relevant document.

2. The custom contradicting the agreement or acts of the civil legislation in the civil relations is not applied.

Article 8. Analogy

1. If the civil relations are not settled by this Code, other acts of the civil legislation or the agreement, they are regulated by those precepts of law of this Code, other acts of the civil legislation which govern the civil relations (analogy of the law), similar in sense.

2. In case of impossibility to use analogy of the law for regulation of the civil relations they are regulated according to the general beginnings of the civil legislation (analogy is right).

Article 9. Application of the Civil code of Ukraine to settlement of the relations in spheres of managing, use of natural resources, environmental protections, and also to the employment and family relationships

1. Provisions of this Code are applied to settlement of the relations arising in spheres of use of natural resources and environmental protections and also to the employment and family relationships if they are not settled by other acts of the legislation.

2. By the law features of regulation of the property relations in the sphere of managing can be provided.

Article 10. International agreements

1. The existing international treaty governing the civil relations which consent to be bound is this the Verkhovna Rada of Ukraine is part of the national civil legal system of Ukraine.

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