Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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ppi 201502ZU4645
Vol.40 N° 73
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Diciembre
2022
Recibido el 12/04/2022 Aceptado el 15/06/2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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Vol. 40, Nº 73 (2022), 693-712
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Forms of implementation of legal policy
in the eld of civil law
DOI: https://doi.org/10.46398/cuestpol.4073.39
Vasyl Kopcha *
Ihor Mamontov **
Hanna Reznik ***
Vadym Semko ****
Olexij Yakhno *****
Abstract
One of the most pressing modern problems of international
law is the study of the characteristics of the regulation of civil
law, as well as the forms of application of legal policy in the
eld of civil law. The guidelines for the development of private
law policy are not only related to the development of legislation
and the improvement of civil law doctrine, but also to the reform
of judicial approaches in the examination of civil law disputes.
The aim of the study is to form a scientic understanding of legal policy in
the eld of civil law, taking into account its current state. The multiplicity
of objectives is dictated by the search for legal tools that optimize the
existing mechanism of regulation of civil law as a solid basis to guarantee
the eective application and full protection of the subjective rights and
legitimate interests of civil law. In carrying out the study of the subject, the
traditional scientic methods of knowledge were applied in jurisprudence,
whose basis is the method of materialist dialectics, which allows to provide a
comprehensive analysis of the processes under study in their conditionality
and historical interrelation.
Keywords: legal policy; private law; civil law; legal regulation; forms of
application.
* Doctor of Law, Docent, Professor Department of Criminal Law and Procedure Uzhhorod National
University, Uzhhorod, Ukraine. ORCID ID: https://orcid.org/0000-0001-9888-1464
** Candidate of Law Sciences, Assistant Professor Department of Political Sciences and Law Kyiv National
University of Construction and Architecture, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-
7040-6247
*** Candidate of Science of Law Head of Assessment and Accreditation Department of National
Qualications Agency, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0003-2306-8115
**** Candidate of Political Sciences, Assistant Professor Department of Political Sciences and Law Kyiv
National University of Construction and Architecture, Kyiv, Ukraine. ORCID ID: https://orcid.
org/0000-0002-1654-2475
***** Candidate of Political Sciences, Assistant Professor Department of Political Sciences and Law Kyiv
National University of Construction and Architecture, Kyiv, Ukraine. ORCID ID: https://orcid.
org/0000-0001-9907-4154
694
Vasyl Kopcha, Ihor Mamontov, Hanna Reznik, Vadym Semko y Olexij Yakhno
Forms of implementation of legal policy in the eld of civil law
Formas de aplicación de la política jurídica en el
ámbito del derecho civil
Resumen
Uno de los problemas modernos más acuciantes del derecho internacional
es el estudio de las características de la regulación del derecho civil, así como
de las formas de aplicación de la política jurídica en el ámbito del derecho
civil. Las orientaciones para el desarrollo de la política de derecho privado
no sólo están relacionadas con el desarrollo de la legislación y la mejora de
la doctrina del derecho civil, sino también, con la reforma de los enfoques
judiciales en el examen de los litigios de derecho civil. El objetivo del estudio
es formar una comprensión cientíca de la política jurídica en el ámbito
del derecho civil, teniendo en cuenta su estado actual. La multiplicidad
de objetivos viene dictada por la búsqueda de herramientas jurídicas que
optimicen el mecanismo existente de regulación del derecho civil como
base sólida para garantizar la aplicación efectiva y la plena protección de los
derechos subjetivos e intereses legítimos del derecho civil. En la realización
del estudio del tema se aplicaron los métodos cientícos de conocimiento
tradicionales en la jurisprudencia, cuya base es el método de la dialéctica
materialista, que permite proporcionar un análisis integral de los procesos
en estudio en su condicionalidad e interrelación histórica.
Palabras clave: política jurídica; derecho privado; derecho civil;
regulación jurídica; formas de aplicación.
Introduction
The political, social, and economic processes taking place in Ukraine
prompt the search for a legal balance between property and other interests
of various social groups, within which a balance must be found in the system
of inter-branch relations of civil law and other legal branches, both private
and public.
Civil law, despite the fact that it is largely stable and at the same time
dynamic area of legal regulation, cannot cover all existing legal problems
of private law, directly outside its scope. Accordingly, the study of forms
of implementation of legal policy of Ukraine in the sphere of civil law is an
urgent need both for the scientic community and for legal practitioners.
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1. Development
At the present stage there is a signicant increase in the volume of
adopted normative legal acts, there are new legal provisions in the eld of
civil law, there is an active process of reforming the entire branch of civil
law, taking into account the guidelines adopted in the international legal
community.
Legal policy is a kind of-guarantee policy because its purpose is to
structure the legal sphere, in its content serves as a civilized system of
national, social, economic, and other relations. An imperfect legal policy
and weak legal framework, containing gaps and contradictions in the legal
acts, with unclear priorities, signicantly complicates the civil turnover and
hinders the development of the state.
2. Highlighting the scientic problem and setting research goals
In the modern political system, the law performs the most important
task - it gives legitimacy to political decisions and, accordingly, ensures state
power in general. The formation of the main directions of development in
the legal sphere allows to determine its main priorities, to streamline law-
making activity, i.e., to ensure the creation of an eective mechanism of
legal regulation. The solution of such a problem can be achieved through
the formation of legal policy, designed to balance, and streamline the legal
life.
It is the above reasons that actualize the task of meaningful, systematic
formation of consistent activities of state bodies to regulate relations in the
eld of civil law.
3. The object and subject of the study
The object of the study were public relations that develop in the eld
of legal policy in relation to civil law, the mechanism and practice of its
implementation.
The subject of the study is the legal policy of Ukraine in the eld of civil
law, its objectives, priorities, principles, and forms of implementation.
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Vasyl Kopcha, Ihor Mamontov, Hanna Reznik, Vadym Semko y Olexij Yakhno
Forms of implementation of legal policy in the eld of civil law
4. Tasks
To achieve the goal of the study the following tasks are set:
To explore the legal nature and essence of legal policy in the eld of civil
law as an independent type of legal policy.
To identify the importance of legal policy in the eld of civil law in the
construction of the mechanism of civil legal regulation.
To analyze the system of goals, tasks, and means of implementation of
the legal policy in the eld of civil law.
To propose ways and measures to optimize the modern legal policy in
the eld of civil law.
5. Methods and materials
In addition to the above methods the formal-logical method of research
was applied, which allowed to assess individual legal concepts and existing
in the science judgments about legal phenomena. Reliability and theoretical
and practical validity of the study are provided by the use of other techniques
and methods, the choice of which is conditioned by the specic goals and
objectives formulated in the article.
Normative legal base of the article consists of the Constitution of
Ukraine, civil legislation, as well as other normative legal acts on the topic
of research.
The main part of the works is devoted to the essence of legal policy, the
subject of civil law, its functions and principles, the system of sources of
civil law regulation.
When preparing the article, the theoretical basis was formed by the
works of Ukrainian and foreign authors on the history and theory of law
and state, in particular: Dovhert, 2019; Muzyka, 2021; Harmathy, 2021 and
others.
6. Results
Although the science of law, exploring the relationship between law and
politics and social and economic progress, has evolved over the past four
decades, this eld of study remains unfamiliar to many scholars, lawyers,
and policymakers (Lee, 2019).
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The legal policy of the state is developed, carried out on the basis of
interaction of all actors in the political system of society, and receives a
concentrated expression, including in state target programs, concepts of
development, in international treaties concluded by Ukraine, in laws and
other normative legal acts of Ukraine, as well as in other ocial documents.
Civil law initiative all over the world is aimed at measuring legal certainty in
dierent national legal systems (Genicot, 2020).
Legal and political stability is an important prerequisite for economic
development. Although political stability cannot be created by laws alone,
an eective legal basis for political governance, such as a constitution,
can promote political stability. Political stability is not synonymous with
democracy; although the freedom of a state’s citizens is often considered
a key component of prosperity, it has historically been observed that the
promotion of democracy, while an important value, does not necessarily
lead to economic development (Lee, 2020). The will of each individual is an
important right; this freedom is protected by human rights (Kudeikina and
Palkova, 2020).
As L.A. Muzyka notes, civil law policy is an integral part of the legal policy
of the state, and accordingly - social (and public policy in general), which
can play an important role in the life of every person, society, and state.
Actually, such state activity should precede the practice of formation and
application of civil legislation. In turn, without a scientic substantiation of
civil law policy, the legislator often acts at random, “using” instinct where
science could create a rigid and reliable basis (Muzyka, 2016).
In our opinion, the denition of legal policy in the eld of civil law
should be understood as scientically sound, systematic, and consistent
decision-making by public authorities, local governments, their ocials,
non-governmental institutions, and organizations in the optimization of
the mechanism of civil legal regulation, as well as providing these sub-
directives to act to implement these decisions.
It is obvious that legal policy is a multilevel legal formation, which
includes a three-tier structure, namely - at the rst level - ideas, principles,
goals, objectives that constitute a certain conceptual basis of policy in a
certain area of law, and their absence will destroy the process of building a
system as a unity of natural connections. This level is the starting point, a
certain kind of basis, the philosophy of legal policy, from which all its other
components will proceed.
Regarding the second level, it includes the legal and political conditions,
by which it is necessary to understand the circumstances of legal and
political life that have developed in a certain period of time. Such conditions
determine the trajectory of further activity and are at the same time the
object of inuence since any changes in the legal regulation must lead to
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Forms of implementation of legal policy in the eld of civil law
the establishment of the planned legal and political conditions. The level
of content of legal policy is signicantly inuenced by the specic overall
situation in the country and the existing social needs and interests.
The third level of the content of legal policy is the strategy and tactics
of legal development. Legal strategy includes the issues of prospective
planning and forecasting, conceptual and long-term approaches to the
development of legal practice, while the tactics of legal development are
the means and techniques of achieving the intended goal in the eld of legal
regulation. The technology of selection and justication of the need for
legislative enshrining should be the basis for the formation of legal policy.
It is important to understand that a multilevel legal policy is not a
mechanical merger of politics and law, because it is a creative process of
applying law to solve political and managerial problems in all spheres of life.
For this process to be successful, it is necessary to have a clear idea of what
factors of law aect its eectiveness. These include a clear understanding of
what law is, what its role in public life is, and how best to use it.
Thus, the purpose of legal policy in the civil sphere is to ensure, through
consistently organized legal means a real guarantee of the possibility of
exercising and protecting subjective civil rights and legitimate interests, the
creation of an integral system of legal regulation.
The ongoing period of formation of new civil legislation in Ukraine
entails both conceptual theoretical problems and diculties in the creation
of individual structural elements of legal structures and legal mechanisms
due to objective reasons. Modern civil society as a multicomponent social
formation poses to the state more and more complex policy problems that
are not easy to solve.
We agree with N.O. Davydova (2021) that: the tendencies of its
development as dening directions, advantages in the activities of the
authorities, taking into account the norms of civil law. Highlighting
trends in the development of civil policy creates favorable conditions for
the implementation of its main tasks in the national and international
legal eld. Trends in civil policy: development of categorical and dening
materials, conceptual provisions and strategic directions of civil policy:
• Providing civil policy with aspects of a scientic nature and validity,
consistency and expediency.
• Development of a new civil policy based on the recognition of human
and civil rights (development of principles of civil policy).
• Strengthening the rule of law in the eld of civil relations.
• Development of positive decisions of civil court practice, taking into
account the provisions of the judicial and legal reform; improvement
of civil legislation.
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• Development of a single national long-term legal civil policy of the
state and determination of its main priorities.
• Openness, transparency of civil policy (communicating its provisions
to citizens) modernization of the content of legislation on civil policy
should become a tool for harmonizing public and private relations,
unifying common goals in the areas of interaction with international
allies.
• Search for new forms and methods of improving civil legislation.
• Creation of favorable conditions for the development of civilized
regulation of civil law relations.
• To form a general concept of legal policy, to determine its main
components, objective requirements and criteria, development
trends, social orientation.
• To create a concept of civil policy in order to orient legal science and
civil practice towards a common understanding and strict adherence
to the basic principles of legal policy.
• A clear civil policy will contribute to the formation of a legal
worldview in state and public institutions and citizens, a high level
of legal culture and responsibility.
The social orientation of civil policy is the achievement of legal, social
progress of the country, taking into account the world trends in the
development and democratization of social relations” (Davydova et al.,
2021).
The study of legal policy in the eld of civil law should also take into
account the fact that technologies related to articial intelligence are
developing rapidly. As a consequence, articial intelligence is used in many
areas of life and increasingly aects the functioning of society (Ziemianin,
2021).
The issues of civil law and state assumed particular importance in
countries where the system of planned economy was established in
accordance with Marxist theory. In these countries, a central political
direction prevailed, and civil law was mixed with elements of public law.
After the collapse of the system, a new state, a new economic and legal
system was to be created (Harmathy, 2021), and an analysis of the threats
and failures of the democratization process in Eastern Europe provides
important insights into the functioning of political institutions and their
interaction with law (Segert, 2017).
Fundamental issues of civil law and the role of the state are of theoretical
and great practical importance, and the most productive changes in civil
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Vasyl Kopcha, Ihor Mamontov, Hanna Reznik, Vadym Semko y Olexij Yakhno
Forms of implementation of legal policy in the eld of civil law
law are associated with consistent systemic measures of formation of
mechanisms for exercising civil rights (substantive, obligatory, corporate).
When the system of norms regulates a veried sequence of actions,
leading the subject to the actual receipt of a good. This is the task of any
developed legal order, associated with substantial expenditures, both
intellectual and material in nature, and expenditures of time.
The world economy is developing against the backdrop of global
challenges that aect the functioning of the mechanisms of social
reproduction. The world is currently undergoing signicant global changes
and transformations (Stolitnii and Makhinchuk, 2019).
The processes of European integration and the impact of globalization
on the national legal system, new global challenges are the factors
prompting the development of sustainable and dynamic legal policy. From
the methodological point of view, it is extremely important to harmonize
domestic private legal tools with international legal acts in the eld of
private law, among which the Sustainable Development Goals adapted for
Ukraine (2015-2030), the Association Agreement between Ukraine and the
EU can be highlighted.
It is obvious that the process of adaptation of Ukrainian legislation to
the EU legislation cannot be rapid, there are too many questions about the
essential impossibility of the latter in some sectors of Ukrainian legislation
due to the inconsistency of many of its norms and institutions with the
relevant components of EU legislation (Hetman, 2012).
The development of jurisprudence continues to grow in accordance with
the existing laws in society, not coinciding with the law in legal development.
This is not due to the rigid nature of law, only regulating general nature,
and the process of its formation takes a long time (Rohaedi, 2018).
Simultaneously with this process, private and civil rights are recognized in
both law and jurisprudence, with rapid social and economic developments
(Zhang, 2016).
As noted by A.S. Dovhert, for the start of the process of re-codication
of the Civil Code of Ukraine, now there are the necessary factors and
prerequisites, among them in particular: the availability of standards-
models of international acts; experience in re-codication of civil codes
of France and Germany – “bastions” of private law; legislative example of
new EU members - former socialist countries; the necessary capacity of
domestic private law science (Dovhert, 2019).
The purpose of improving the law has been, and continues to be, to
be aware of the techniques and processes of law reform used throughout
the world in civil law, and to strive (to the extent possible) to assess how
tangibly the eectiveness of these mechanisms in implementing the law is
improving in practice (Teasdal, 2017).
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According to the Plan of legislative work of the Verkhovna Rada of
Ukraine for 2020 it is supposed to update the Civil Code of Ukraine in
accordance with the new political, economic and social conditions, to bring it
in line with EU requirements and best international practices in this sphere,
elimination of mistakes, duplications and gaps, as well as transferring to
the Civil Code of Ukraine the Family Code of Ukraine, certain provisions of
the Commercial Code of Ukraine, the Labor Code of Ukraine, the Housing
Code of RSFSR, the Law of Ukraine “On Private International Law” (cl. 21).
It is obvious that the research should also pay attention to the issues of
legal policy in the eld of civil law, given the political events that are now
taking place in Ukraine: the temporary occupation of the Crimean Peninsula
and the armed aggression of the Russian Federation against Ukraine.
Reasonable is the position of L.A. Muzyka, who notes that the problem
areas of relations that require close attention and response from Ukraine,
its ocials and individual citizens are nationalization and forced seizure
of property of dierent forms of ownership (state property of Ukraine,
communal property of territorial communities of Crimea, private property
of legal entities) of persons of Ukraine and private property of citizens of
Ukraine); forced re-registration and liquidation of Ukrainian legal entities;
conclusion of transactions contrary to Ukrainian legislation; conscation
of property of Ukrainian church communities; violation of human and
citizen’s rights and the occupied territories; privatization of housing in the
occupied territories; conclusion, implementation and defense in relations
for the transportation of goods, cargo and passengers to/from the occupied
territory (Muzyka, 2016).
No less important is law-making policy as a form of implementation of
legal policy in the eld of civil law, which in legal science is understood
as a scientically sound, consistent, and systematic activity of state and
non-state structures aimed at determining the strategy and tactics of law-
making, at creating the necessary conditions for eective law-making work.
The process of law-making is determined by legal policy. At the same
time, the norms created as a result of law-making allow us to assess the
correctness of the strategy of the state’s activity in the sphere of legal
regulation, including civil, in particular, about how it corresponds or does
not correspond to the generally recognized international principles and
norms, theory and practice of building a state of law.
This process is very important, since the defects of law-making have
a negative impact on the eectiveness of legal policy in the eld of civil
law, in particular, they include: systematic exit of the legislator beyond the
sphere of legal regulation, which entails the appearance of acts without
legal content; inconsistency of domestic legislation with international
obligations of Ukraine; lack of hierarchy of normative legal acts in the civil
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Forms of implementation of legal policy in the eld of civil law
legislation; presence of gaps in civil law; disregarding the legal content of
civil law in the system of legal regulation.
Elimination of these deciencies in the process of law-making will
contribute to the creation of appropriate conditions for the implementation
of the legal policy of the state in the eld of civil law in accordance with its
priorities.
In order to successfully solve those problems that face the law-making
policy of Ukraine in the eld of civil law, it must be based on a system
of certain principles, which, in our opinion, include scientic validity,
consistency, predictability and consistency, the principle of continuity.
Regarding the main priorities of this form should include such as
the creation of an eective mechanism of legal regulation; ensuring the
necessary legal conditions for the real, comprehensive development of the
individual, the development of a democratic state governed by law and the
development of civil society institutions; building a system of civilized,
based on the law, interaction between society and the state.
Universal means to achieve these goals of law-making policy in the
eld of civil law are its inherent basic principles of systematic approach,
information support of law-making activity, compliance with legal
technique in the creation of normative legal acts in the eld of civil law.
Ukrainian law-making policy in the sphere of civil law of the state has
two main levels of implementation: national and regional, within which
there are problems and specic ways to solve them. The most dynamic
level of law-making policy of Ukraine in the eld of civil law in modern
conditions is the regional level, which can be explained by the solution of
problems arising at this level. They require active use of various forms and
methods of law-making policy with an emphasis on scientic potential of
regions and interaction of regions among themselves.
The law-making policy of Ukraine in the sphere of civil law is embodied
mainly in the adoption, amendment and abolition of normative acts and
contracts, and one of the priority tasks is that they should be united into a
single system. The basis for the formation of law-making policy should be
the urgent need for legal regulation of certain areas of public relations for
the benet of the population, both the entire country, and that part of the
population, which is included in certain regions.
Lawmaking policy is not only an expression of the political will of
the lawmaker, but also, rst, a complex legal technique for selecting and
systematizing normative content, necessary and adequate to certain social,
political, economic, institutional realities (Andreescu, 2016).
Consequently, law-making of state bodies in the eld of civil law can
be divided into law-making of representative authorities and law-making
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of executive authorities, while the decisive role of law-making belongs to
representative authorities, which adopt the most important normative acts
- laws.
As for the law enforcement form of legal policy in the eld of civil law,
it is implemented in documents of individual, personalized nature, called
law enforcement acts. They are issued on the basis of legal norms and legal
facts, determine the rights and obligations of specic subjects in dierent
situations.
Individuals or groups, such as civil society representatives, companies,
government agencies or ocials, and donor organizations with a common
social or political goal, are involved in the lawmaking process; they are
not necessarily participants in the same organization: they are united by
a common policy goal. For individuals and organizations cooperating as
a political community, a common goal guides all of their activities, part of
which is the development of the law (Vel et al., 2017).
Enforcement policy is heterogeneous, as a general generic concept, it is
concretized in dierent directions of state activity to manage the processes
of power implementation of legal norms. Each of these directions of law-
enforcement policy, along with common, has some specic features, which
allows to distinguish its varieties within the framework of a single law-
enforcement policy.
As a criterion for classication, we can consider the system of current
law (constitutional, criminal, administrative); subjects forming and
implementing law enforcement policy (law enforcement policy of legislative,
executive, and judicial authorities); objects of its managerial inuence (law
enforcement policy on citizens, stateless persons, foreign citizens); degree
of achieving the goals set (eective and ineective).
Thus, no less important form of implementation of legal policy of
Ukraine in the sphere of civil is law enforcement, that is, the form that is
conditioned by the interests of political power; which is a kind of general
legal policy of the state, characterizing its managerial activity in the eld of
implementation of law by using special political and legal means, expressed
in a set of program-directive instructions, organizational and managerial
means and directions (trends) of law enforcement practice.
It is obvious that its existence is mainly determined by the need for
adequate implementation of public-law interests enshrined in the relevant
legal norms, taking into account the dynamics of public relations, goals of
legal policy, needs and opportunities of law-enforcement practice.
In our opinion, it is advisable to highlight the main elements of the content
of the law enforcement policy of Ukraine in the eld of civil law, namely:
part of the preparation of programs and the provision of appropriate orders
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Forms of implementation of legal policy in the eld of civil law
for their implementation - these are the means of ideological management
of law enforcement (introductory part of law enforcement policy); part
of the organization and management, this is a human resource, selection
and appropriate qualication training of personnel of law enforcement
agencies, as well as their activities and control over such activities, as
well as ensuring the coordination of their activities (the main part of
law enforcement policy); part of the generalization and summing up is a
reection of the main directions of the development of law enforcement,
the real use of means and methods of solving legal cases (the nal part of
the law enforcement policy).
Regarding the issue of civil law policy, it determines the conditions
created by the state for the development of civil-law relations. Forms views
on the activities related to the execution of contracts, implementation of
business activities, etc. This policy coordinates the entire human rights
system in the emergence of disputes between the state represented by its
bodies and individual citizens (Lobodenko, 2019).
Although all human rights must be aligned on the same basis, their
implementation must have a well-dened and general order. In doing so,
clear shared priorities allow states to have a more concrete and achievable
implementation plan that serves both as a guide for states and as parameters
for human rights oversight bodies (Quintavalla and Heine, 2019).
It should be noted that in recent years the human rights movement has
been challenged by events and trends around the world, including terrorism,
right-wing nationalism, and authoritarianism (Kuosmanen, 2021). People’s
actual experiences with human rights reveal which are most common in
their daily lives and thus provide a possible basis for assessing their relative
importance and for adopting appropriate policies (Montgomery, 2002).
It should be remembered that personal rights are rights inherent to
the individual, endowed with reasonableness and conscience, they are
fundamental rights provided for by the supreme law of the state. The
peculiarity of fundamental rights is that they are subjective rights, necessary
for the life of the citizen, his freedom, and his dignity, necessary for the
development of the human personality, secured and guaranteed by the
constitution and laws (Popescu, 2013).
An important form of implementation of the legal policy of Ukraine in
the sphere of civil law, which largely depends on the compliance with the
real goals and objectives of the real results, is a legal interpretation policy -
scientically sound, consistent and systematic activities of government and
non-government agencies aimed at determining the strategy and tactics of
the interpretation of legal provisions, creating the necessary conditions for
eective interpretation of legal prescriptions.
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The problem of interpreting the law by clarifying the text of the norm
of law the actual will of the legislator is quite relevant at the present time.
As part of the formation, implementation and improvement of this form
requires the development and adoption of clear recommendations on the
procedure, competence, boundaries of interpretation, etc.
Interpretation of norms of law is an intellectual and volitional activity of
the legislator, which is carried out according to the principles and with the
help of interpretations and is aimed at clarication and/or specication of
the content of law norms for understanding and applying them in practice.
Interpretation may be enshrined in special acts of interpretation, scientic-
practical commentaries to legislation, doctrinal sources, and other external
forms of interpretation (Liutikov and Bilous, 2021).
Both the private-legal sphere in general, and the sphere of civil law in
particular, are quite a mobile system, which are completely amenable to
reform. In connection with the allocation of the civil sphere there is a need
to analyze it from the position of private-law policy, carried out by the state.
Legal policy in the eld of civil law in the development of the rule of
law state, taking into account the acquisitions of EU member states with a
sustainable democratic development, is built with a reasonable balance of
politics and law.
On the one hand, law and all its forms of expression and manifestation
(legal consciousness, legal culture, legal mentality, legislative acts, judicial
practice, normative treaty, legal custom, legal doctrine, principles of law,
etc.) become necessary foundations of politics, sensible measures of politics
and political relations.
On the other hand, legal policy in this area is formed and implemented
on the basis of the constitutional idea of the power of the people, the
recognition of the people as the only source of state power, with the help of
democratic norms and institutions, within the framework of a reasonable
relationship between the government and the population, the state and civil
society.
The main dierence between legal policy at the modern stage of
development of society is that nowadays human rights are a criterion of
the legal nature of politics, the activities of the subjects of politics and the
political system, as well as the legal quality of political decisions.
Legal policy in the eld of civil law is aimed, rstly, at the systematic
and systematic development of civil legislation in accordance with a
scientically based concept, a thorough analysis of judicial practice and
foreign experience.
The theory of division of law into private and public and belonging of
civil law to private is important and necessary for further development of
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Forms of implementation of legal policy in the eld of civil law
modern doctrine of civil law and stopping the attempts to revise it within the
framework of subjectivism and idealism; construction of civil law doctrine
on the basis of ideal legal constructions, detached from socio-economic
realities. An example of the named phenomenon can be the theory of a
single property right, which encroaches on such a fundamental value of
civil law as property and ownership rights, as well as on the diversity of
their forms.
Secondly, legal policy in the eld of civil law is aimed at establishing
a close and stable connection between civil law and civil law - the core of
private law and the fundamental branch of domestic law. Without this
connection, the stable further development of civil legislation is impossible,
although they try to destroy it under the slogan of the convergence of private
and public law.
However, the obvious fact is that it does not depend on the will of
people whether these or those branches of law exist or not, because they
are objectively existing, conditioned by the material conditions of society.
Science cannot create a system of law, it can only properly recognize,
investigate, and highlight it.
The formation of legal policy in carrying out legal reforms of the civil
law system should be carried out in two directions: the modernization
of the substantive content of legal forms and the creation of an eective
procedural mechanism for the implementation of legal prescriptions.
It is clear that only the duality of legal policy directions in their interaction
ensures the eective functioning of the mechanism of legal regulation.
Without the substantive content the capabilities and obligations of the subject
will be unfullled and the procedural options for their implementation will
remain unfullled; without the form of implementation of capabilities and
obligations they can only be something like a “declaration”, promised by
the state.
It is an undeniable fact that the system of both substantive and procedural
law, providing normative expression of private interests, contains a
signicant number of public law norms, which conrms another trend in
the development of legal policy - the integration and interpenetration of
private and public elements.
It must be stated that at the present stage of development of Ukrainian
statehood as parallel processes take place, on the one hand, the introduction
of private law elements in the sphere of public law (“privatization” of land
legislation by strengthening contractual, in fact civil law relations, cases
of private and private-public charges in criminal proceedings), and on the
other - public law elements in the system of private law (“publicization” of
private law, especially family and labor law, and also, in a certain article).
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It should be noted that at each particular stage of development of
civilization private-legal regulation of public relations, which constitute the
subject of civil law, to some extent must be adjusted by public-law elements.
At that, the limit of necessary and permissible intervention is objectively
determined by concrete-historical conditions of society’s existence.
It is necessary to emphasize the importance of legal policy in the eld
of civil law of the Civil Code of Ukraine, which acts as a kind of private
law charter. It includes norms of intersectoral signicance (for example,
for labor, family, housing, business law), which establish the guiding
principles and the system of civil law, the range of relations regulated by it,
the legal status of the subjects of civil law, the grounds for their rights and
obligations, xing the general provisions on the contract, ownership, and
other civil law institutions.
According to the above, it is necessary to note the conceptual function
of legal policy. It consists in the fact that it acts as a reference point and
direction of movement, providing the structural unity of the system of law
as a whole. Legal policy in the sphere of civil law should include the principal
provisions, the basic ideas and serve as a kind of ideology in the creation,
implementation, as well as monitoring and, where necessary, control over
the implementation of legal norms.
It is obvious that the desired result can be obtained by developing
programs, concepts of legal policy in the civil sphere, which will cover not
only the legal means, and concerning both organizational, and material,
and, if necessary, human resources needed to solve problems of national
importance.
The civil law programs proposed for development will not replace
the normative provisions and at the same time will make it possible to
coordinate dierent areas of activity to achieve a common goal: to link
economic, political, social, and legal systems.
It is clear that the overall goals of legal policy in the sphere of civil
law are the sustainable development of private law in general, ensuring
a reasonable combination and balance of private and public interests in
society, maintaining private initiative for the benet of economic, legal,
political, and spiritual development of society as a whole. A reasonable
balance of interests is ensured by laws and agreements, the terms of which,
in the absence of a peremptory norm, become the subject of a judicial
dispute (Svirin et al., 2019).
We can conclude that as the means of implementation of legal policy
in the eld of civil law, rst of all, we must distinguish legal acts. But, in
general, the set of means of implementation of civil-law policy should
be understood much wider - it is a totality of directly allowed or legally
prohibited techniques, methods and legal tools used by the subjects of legal
policy, to achieve its goals and objectives.
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Forms of implementation of legal policy in the eld of civil law
7. Discussion
In the course of the study, the authors achieved their goals and objectives.
The legal nature of legal policy in the sphere of civil law is multicomponent
in its content and acts as a purposeful, comprehensive, science-based
activity to form and implement the political will of the state and civil society
actors in achieving strategic goals and tactical tasks of transforming society
on the basis of creating and increasing the eectiveness of the mechanism
of legal regulation through the use of legal means in the civil sphere.
Political-legal means aimed at suppressing private interests, particularly
in civil law, and subordinating them to public interests, as well as the
replacement of the concept of “public interest” with the concept of “majority
interest”, speculation with the concept of “state interest” generates
oppression, social and spiritual degradation of society, unjustied change
of values, which may ultimately lead to the uncertainty of individuals in
exercising and protecting their rights and distrust of the state.
In the conditions of ongoing legal reform in Ukraine and the creation
of the foundations of legal policy in the sphere of civil law it is necessary
to take into account the scientic achievements. In accordance with this
it is necessary to state that by no means always, especially at the level of
regional law-making, there is an appeal to legal scholars, whose task is to
provide scientic advice in the creation of legal acts.
The consequence of this phenomenon is the loss of the important state
of the systematic nature of the normative array and the emergence of
technical and legal errors.
It should be particularly noted that in creating the foundations, the
formation of the concept and principles, in accordance with which will
develop not only the system of civil law, but also the system of private law
as a whole, the scientic experience is even more important.
Most of the problems in the formation and implementation of legal
policy in the eld of civil law arise due to the lack of clear and specic
ideas about its goals and objectives. In turn, it is in the absence of a clear
strategy for the entire civil law policy in modern Ukraine is the main reason
for its inconsistency, especially in determining the tasks and means of
implementation.
Essential for the proper formation and understanding of the essence
and nature of civil legal policy is a scientically sound denition of goals
and objectives. However, in any case, for the formation of directions and
full-edged institutionalization of legal policy in the sphere of civil law it is
also important to recognize the study of the means of its implementation,
otherwise the full structure of the policy itself becomes dicult to
comprehend.
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The creation of a clear system of principles, as well as the consistency
of their content, the elimination of multiple interpretations aects the
eectiveness of legal practice, especially in cases where there are conicts of
law or identied gaps in the law, and applying the law are forced to base their
decisions not on specic rules, but on the original primary sources, with the
legality of their decisions determined by the correct use of principles.
Civil legal policy, which in general is focused on optimizing the
mechanism of civil legal regulation, is a special kind of legal policy of the
state, insuciently investigated. Further scientic research of this issue
is relevant, because without a veried and structured civil legal policy we
cannot talk about systematic activity of domestic legislator and eective
application of scientic developments in the eld of civil law in practice.
Ignoring this aspect demonstrates the low-quality and slow process
of implementation and protection of subjective civil rights and legitimate
interests of individuals and legal entities, which certainly aects the
mechanism of civil legal regulation as a whole. And the matter here is not
only low legal culture and legal activity of citizens, but also the imperfection
of the whole mechanism of civil legal regulation, which the state bodies
have developed for the needs of ordinary legal relations.
In our opinion, on the basis of the proposed changes for the legal policy
in the sphere of civil law, which were discussed above, it is important to form
both a holistic view of the directions of development of civil-law branch,
and its separate subdivisions - real law, law of obligation. If we know how
the system of civil law will develop in the future, we can partially predict
future problems and nd appropriate ways to eliminate them. In order to
solve this problem, modern comprehensive studies of the system of civil law
branch as a whole and legal policy in the sphere of civil law are necessary.
The essence of civil legal policy is just in the implementation of a set
of measures, ideas, and programs in the eld of civil legal regulation for
the fullest implementation and protection of subjective civil rights and
legitimate interests of individuals and legal entities.
The above justies the practical relevance of civil legal policy and the need
for its implementation in real life, since the proposals made on the topic of
this study will increase the level of realization of the rights, freedoms and
legitimate interests of individuals and legal entities, eective protection of
violated or disputed rights, as well as improve the mechanism of civil legal
regulation through the development and approval at the legislative level of
the relevant state programs, in particular, the concept of civil legal policy
of Ukraine.
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Forms of implementation of legal policy in the eld of civil law
Conclusions
We can conclude that the primary goal of modern legal policy can be
dened as a comprehensive and systematic improvement of the mechanism
of civil legal regulation for the most eective implementation and full
protection of subjective civil rights and legitimate interests of individuals
and legal entities. At the same time, it should be noted that the purpose of
legal policy in the eld of civil law is a permanently changing phenomenon,
as public relations in recent years are experiencing a period of dynamic
transformation and reforming.
Forms of implementation of legal policy in the sphere of civil law can
be protective and regulatory, depending on the direction of their focus,
organizational and functional, depending on the nature of the norms
themselves, normative legal acts of international and national level, by-
laws adopted by the relevant subjects within their powers, depending on
their inuence. Since the legal means listed above are diverse and dierent
in content, it is advisable for subjects of legal policy in the eld of civil law
to competently combine and combine in their use.
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