Ukraine has officially repealed the Commercial Code, marking an important step in reforming the country’s legal system. This decision has sparked considerable debate in the business community and among lawyers. The main reason for this move was the desire to eliminate legal conflicts, simplify the regulation of business activities, and harmonize legislation with European standards. From now on, the key provisions governing economic activity will be integrated into the Civil Code and other laws.

For a long time, the Commercial Code was a source of controversy in legal practice, as it duplicated and, in some cases, contradicted the provisions of the Civil Code. This created legal uncertainty for businesses and investors, complicated judicial practice, and laid the groundwork for corruption risks. At the same time, the provisions of the Commercial Code were largely based on outdated Soviet approaches to regulating economic relations, which did not correspond to the modern realities of a market economy or the principles of free enterprise.

The repeal of the Commercial Code has several important implications for businesses. First, it signifies a transition to a unified regulatory system based on the Civil Code, which will reduce legal conflicts and simplify the conduct of business activities. This will help increase legal certainty and reduce the regulatory burden.

Second, the new law provides for a comprehensive alignment of national legislation with European standards, which is a key factor in Ukraine’s European integration process. Accordingly, regulations governing corporate relations, contract formation, bankruptcy, and the operations of state-owned enterprises will change.

However, the repeal of the Commercial Code also poses certain challenges. The transition period may be accompanied by legal difficulties, as a significant portion of the regulations that referenced its provisions will need to be reviewed and updated. Some provisions that governed specific aspects of economic activity may remain in a legal vacuum until the relevant amendments to special laws are adopted. This creates temporary risks for businesses, particularly in the area of state regulation and oversight of economic entities.

Despite these challenges, the long-term impact of repealing the Commercial Code is expected to be positive. Simplifying the legislative framework will make the legal environment more predictable for entrepreneurs and investors, promote the development of small and medium-sized businesses, and improve Ukraine’s standing in global rankings of ease of doing business. Investors will receive greater guarantees, and Ukrainian companies will benefit from clearer and more transparent rules for conducting business.

In addition, this will open up new opportunities for public sector reform, particularly for more effective management of state-owned enterprises.

Overall, the repeal of the Commercial Code is a necessary step in Ukraine’s legal reform, aimed at creating a modern European system of business regulation. Although the transition period may be challenging, in the long run this change will help make Ukrainian legislation more effective, understandable, and attractive to entrepreneurs and investors.




Author: Адвокат, партнер Barristers Commercial

Source: https://pravo.ua/skasuvannia-hospodarskoho-kodeksu-ukrainy-shcho-zminytsia-dlia-biznesu/?fbclid=IwY2xjawI9ZKhleHRuA2FlbQIxMAABHdibH3r5EU5jwvSC-1yyxkYoND15gUNQTSr-HAB27qUijyd7g8Po507Tog_aem_JU81nn90EA35-QpLQYiF_Q

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