HISTORICAL GENESIS OF THE FORMATION OF CODIFICATION IN UKRAINE DURING THE INDEPENDENCE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 77)Publication Date: 2024-07-31
Authors : Ryndych Daria; Tychna Bohdana; Chuhrai Ihor;
Page : 118-127
Keywords : codification; code; legislation; codification process;
Abstract
Introduction. This article examines the historical genesis of the development of codification in Ukrainian legislation since independence. Codification is considered a key instrument for ensuring legal certainty and stability, particularly important in the context of dynamic social changes. Purpose. The purpose of this article is to identify the main stages of the development of Ukrainian codification during the independence period, analyze the prerequisites for the adoption of codified laws, and outline the directions for further codification, based on the analysis of scientific and legislative sources. Materials and Methods. The research materials include: 1) legal framework adopted in various branches of law in the form of codified laws; 2) works of domestic authors conducting scientific and practical research in the field of codification of Ukrainian legislation. The following scientific methods were used in the research: historical-legal (to study the process of adopting codified laws from the moment of Ukraine's independence to the present day); formalization, analysis, and synthesis (to study the patterns of codification processes in Ukraine and combine them into appropriate stages); logical generalization of results (formulation of conclusions). Results. Four main stages of codification were identified: 1) early (1991–1995), associated with the adaptation of Soviet codes; 2) active (1996–2005), characterized by the adoption of key codes (Criminal, Civil, Commercial, etc.); 3) stage of refinement (2006– 2012), aimed at improving existing codes; 4) stage of harmonization with European standards (since the middle of 2012), marked by the adoption of new editions of codes and the development of new ones (Code of Bankruptcy Procedures, Electoral Code). Prospects. Activation of codification in the field of security and defense is expected after the end of martial law. The importance of further research into codification processes, considering new challenges and societal needs, is emphasized.
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