Адміністративне правo і процес
ISSN: 2227-796X

Науково-практичний журнал‚ заснований Київським національним університетом імені Тараса Шевченка


Patsuriia N. B. Codifi cation of the economic legislation and development of insurance relations: correlation, goal-orientation & infl uence on the economy

    Codifi cation is a specifi c feature of continental European law-making process. According to these approaches codifi cation is a necessary condition of structuring the law on the basis of the branches, it could ensure systematic improvement of the legislation, providing the possibility of synthesis of the mentioned approach as well as a combination of commitment to their own experience, taking into account the achievements of world civilization, especially in the regulation of economic relations. The codifi cation provides the opportunity to create this common legislative framework, fundamental laws clarifying their provisions in compliance with development of the society, instead of infi nite publication of many new laws. Many laws alone cannot provide a consistent system, transparent regulation. Author underlined the drawbacks & examples of negative quality of legislation, undermining its effectiveness, the degree of implementation. 

    In this respect, prospective studies could become a subject of research in economic analysis of law (Law and economics) and effi ciency of legal regulation of several spheres of industry and effi ciency of it’s legal regulation. The main «ideologist» of Modern Law and economics R. A. Posner introduced into scientifi c doctrine the principle of effi ciency, the essence of which is that economic analysis of the law allows such decisions that encourage lawyers to simulate a «perfect market». The above formula is well-known to the law community. Author reviewed the category system-legal economic order, normative principles enshrined in the ch. 1, Art. 5 of the Commercial Code of Ukraine. Today the specified combination of two disciplines — human and economic — successfully implemented within the economic and legal doctrine, including the study of insurance relations.

    In this regard, attention should be paid to the initiative of the Ministry of Justice of Ukraine on elimination of the Commercial Code of Ukraine, which in our opinion, could lead to negative effects. Commercial Code of Ukraine is an act of systematization, based on the branched economic legislation. In addition codifi cation of economic legislation provides the main aim of the economy — optimizes the private and public interests, that provides legal economic order in the economy. The said without exaggeration may be applied to insurance as a system of insurance relations category that requires proper legal regulation and regulation by means of economic and legal means, including the rules of economic legislation.

    Improper application of economic and legal scientifi c achievements in the context of implementation of the economic analysis of law leads to practical issues in insurance activities. A striking example is the normalization of the legal status of mutual insurance under the legislation of Ukraine and uncertainties as to insurance object.

    The Ukrainian legislation at the modern stage is represented by different branches, has diffi cult structure, that crossed horizontal and vertical relationships, legislative arrays are of different levels, and there have been persistent tendency to unifi cation, which requires further research, and securing insurance within legal norms of the Commercial Code of Ukraine.

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