The existing conflicts and legal uncertainty regarding the interpretation of provisions of the Commercial, Civil and Civil Procedure Codes of Ukraine are still the topics of much discussion among the lawyers who support Ukrainian business. In particular, the disputes are related to the interpretation of such terms as “property”, “percent” and “interest”, “transaction” and “deed”, “authorized fund” and “authorized capital”, the definition of an enterprise as a legal object or a legal subject, etc.
Another example: while the Civil Code limits the range of economic entities to business and non-business companies and associations (with the possibility of creating a company of one person), where business associations should be established in the form of business partnerships and cooperatives, the Commercial Code recognizes business organizations, citizens of Ukraine, foreigners and stateless persons, registered as entrepreneurs in line with established procedures, as economic entities.
We decided to ask lawyers of the business whether their activities are hindered by the existing controversial aspects of the Civil, Civil Procedure, and Commercial Codes, and if so, what should be done to harmonize the legislation.
We will be grateful for filling out a short questionnaire: https://forms.gle/wDJRj4yKC8tnXURC9 (in Ukrainian)
Your answers will help to capture data on the main problems of enforcement of these codes, as well as to analyze the appropriateness of the possible repeal of the Commercial Code.