The Law of Ukraine

“On Amendments to and the Invalidation of Some Legislative Acts
of Ukraine Because of the Adoption of the Civil Code of Ukraine”

Date of entry into force:
June 20, 2007

The present Law shall supplement Article 95 of the Water Code of Ukraine No. 213/95-VR of June 6, 1995, with part two. According to this part two, activities of private individuals and legal entities that damage waters (water bodies) may be terminated by a court decision.

The present Law shall introduce amendments to Article 190 of the Merchant Shipping Code of Ukraine No. 176/95-VR of May 23, 1995. According to these amendments, a passenger shall have the right to take along one child aged up to six free of charge, with no right for this child to take a separate seat, and to purchase tickets at a reduced price for children aged from six to fourteen. Amendments introduced to part 3 of Article 193 of the Merchant Shipping Code of Ukraine shall establish that the carrier shall ensure the safety and integrity of a trunk or suitcase (handbag) and personal belongings of a passenger (except for precious jewelry and money) that a passenger takes along in a specially assigned place.

The present Law shall introduce amendments to Article 100 of the Land Code of Ukraine No. 2768-ІІІ of October 25, 2001. According to these amendments, servitude may be established by an agreement, a law, a testament, or a court decision. Servitude may belong to the owner (holder) of a neighboring land plot, as well as some other specifically identified individual (personal servitude). Predial servitude may be established by an agreement between an individual requesting the establishment of such servitude and the owner (holder) of the relevant land plot. The agreement establishing predial servitude shall be subject to state registration according to the procedure set forth for state registration of rights for real estate.

The Land Code of Ukraine shall be supplemented with a new Chapter 16-1. According to this new chapter, the right to use somebody else’s land plot for agricultural needs (emphyteusis) and the right to use somebody else’s land plot for development purposes (superficies) shall emerge on the basis of a agreement between the owner of such a land plot and the individual that has expressed their wish to use this particular land plot for the above-mentioned purposes in accordance with the Civil Code of Ukraine No. 435-IV of January 16, 2003. The right to use somebody else’s land plot for development purposes (superficies) may also emerge on the basis of a testament. The right to use somebody else’s land plot for agricultural needs (emphyteusis) and the right to use somebody else’s land plot for development purposes (superficies) may be alienated or transferred according to the succession procedure. Agreements for granting the right to use a land plot for agricultural needs or for development purposes shall be concluded according to the Civil Code of Ukraine, with due consideration for the requirements of the Land Code of Ukraine.

The right to use somebody else’s land plot for agricultural needs (emphyteusis) and the right to use somebody else’s land plot for development purposes (superficies) shall be terminated in the instance:
  • when the owner of the relevant land plot and the land user are one and the same person;
  • when the term for which the right to use the relevant land plot has been granted expires;
  • when the relevant land plot is bought out in connection with the public needs in the event when somebody else’s land plot is used for agricultural needs;
  • when the relevant land plot has failed to be used for development purposes for three years in the event when somebody else’s land plot is used for development purposes.

The right to use somebody else’s land plot for agricultural needs (emphyteusis) and the right to use somebody else’s land plot for development purposes (superficies) may be terminated by a court decision in other instances specified by the law.

The present Law shall supplement the Fundamentals of the Ukrainian Legislation on Health Care (hereinafter referred to as the Fundamentals) No. 2801-XII of November 19, 1992:
  • with a new сlause “n” of Article 6 of the Fundamentals. This new сlause shall provide for the right of a patient that is taking in-patient treatment in a healthcare institution for the admission thereto of other medical workers, family members, a guardian, a caretaker, a notary, and a lawyer, as well as a priest to deliver a divine service and devotions;
  • with a new Article 39-1. According to this new Article, a patient shall have the right for the secret with respect to their state of health, the fact of seeking medical assistance, their diagnosis, as well as the information obtained at the time of their medical examination. It shall be prohibited to demand and submit the information about the diagnosis and treatment methods of a patient at the place of their employment or training (study);
  • with a new provision (after part 3 of Article 43 of the Fundamentals). This new provision shall envisage that a patient who gained full civil and legal capacity and understands the consequences of their actions and can control them shall have the right to reject treatment.

Amendments introduced by the present Law to part 1 of Article 38 of the Fundamentals shall establish that each patient who has reached fourteen years of age and who has turned for medical assistance shall have the right for a free choice of a doctor, if the latter can and may offer their services, and for the choice of treatment methods according to the doctor’s recommendations.

The present Law shall supplement Article 50 of the Law of Ukraine No. 1264-XII “On Environmental Protection” of June 25, 1991, with part 3. According to this part 3, activities of private individuals and legal entities that damage the natural environment may be terminated by a court decision.

The present Law shall supplement the Law of Ukraine No. 1576-ХІІ “On Business Associations” of September 19, 1991, in particular:
  • with a new part 1 of Article 1. According to this new part, a business association shall be a legal entity, whose statutory (total) capital is divided into shares among participants. Due to this supplement, parts 1-6 shall be considered respectively parts 2-7; 
  • with part 4 of Article 3. According to this new part, a business association may, except for full liability companies and differentiated liability companies, be set up by one entity that shall become its sole participant;
  • with Article 11-1. This new Article shall envisage that the legislation on business associations shall be based on norms and standards established by the Constitution of Ukraine and shall consist of the Civil Code of Ukraine, the Commercial Code of Ukraine, the present Law, and other normative-legal acts adopted according to these legislative acts;
  • with a new part (after part 2 of Article 39). This new part shall stipulate that it shall be allowed to reduce statutory capital of a joint stock company after informing all its creditors thereabout according to the procedure established by the law. At the same time, creditors of such a joint stock company shall have the right to demand the cessation of obligations of such a business association or the fulfillment by such a business association of the relevant obligations and the compensation of losses;
  • with part 6 of Article 39. This new part shall specify that, if, after the second and each subsequent financial year, the value of net assets of a joint stock company turns out to be lower than its statutory capital, such a joint stock company shall announce a reduction of its statutory capital and register the relevant changes to its statute according to the established procedure. If the value of net assets of a joint stock company becomes lower than the minimum size of statutory capital established by the law, such a joint stock company shall be subject to liquidation;
  • with part 2 of Article 66. According to this new part, an individual may be a participant only in one full liability company;
  • with part 3 of Article 66. According to this new part, the name of a full liability company shall contain the names of all its participants, the words “full liability company” or contain the name of one or several participant along with the words “and company”, as well as the words “full liability company”.

The present Law shall introduce amendments to part 1 of Article 91 of the Law of Ukraine No. 1788-ХІІ “On Pension Provision” of November 5, 1991. According to these amendments, the amounts of pension that was due to a pensioner and was not received thereby in full because of their death shall be paid to their family members or, in the instance of the absence of the above-mentioned family members, – shall be included into inheritance.

Amendments introduced by the present Law to Article 8 of the Law of Ukraine No. 2654-XII “On Pledge” of October 2, 1992, shall specify that the risk of accidental destruction of or accidental damage to the object of pledge shall be born by the owner of pledged property, unless otherwise is envisaged by the relevant agreement or the law. In the instance of accidental destruction of or accidental damage to the object of pledge, the pledger shall, upon on request of the pledgee, provide an equivalent object or, if it is possible, restore the destructed or damaged object of pledge.

The present Law shall supplement Article 12 of the Law of Ukraine “On Pledge” with a new provision. This new provision shall envisage that the description of the object of pledge in the relevant pledge agreement may be provided in a general form (indication of the type of pledged property and so on).

The present Law shall supplement the Law of Ukraine No. 2269-ХІІ “On Lease of State and Communal Property” of April 10, 1992, in particular:
  • with part 4 of Article 13. According to this new part, the lessor shall transfer to the lessee the object of lease in the package and in the condition that meet the essential terms and conditions of the lease agreement and the designation of property, as well as shall inform the lessee about special characteristics and drawbacks to property that are known thereto and that can be dangerous for the life, health or property of the lessee or other individuals, or result in damages to this property at the time of using it;
  • with part 2 of Article 15. This new part shall envisage that, in the instance of a change in the owner of property transferred into lease, rights and obligations under the relevant lease agreement shall be transferred to the new owner. The parties may specify in the relevant lease agreement that the lease contract or agreement shall be terminated in the instance when the owner alienates the object of lease;
  • with a new provision of part 3 of Article 17. This new provision shall stipulate that terms and conditions of a lease agreement for a new term shall be established by the agreement of the parties. In the instance when the parties fail to reach an agreement regarding terms and conditions of the relevant agreement, the priority right of the lessee to conclude the relevant contract or agreement shall cease;
  • with Article 18-1. According to this Article, current repairs of and maintenance works on the property transferred into lease shall be carried out by the lessee at their own expense, unless otherwise is envisaged by the relevant agreement. Capital or major repairs of the property transferred into lease shall be carried out by the lessor or some other balance-holder of this property at their own expense, unless otherwise is envisaged by the relevant agreement;
  • with part 4 of Article 23. This part shall specify that, if, as a result of improvements made by the lessee upon agreement with the lessor, a new item has been created or produced, the lessee shall become its owner in the part of the needed expenditures on improvements, unless otherwise is envisaged by the relevant agreement.

The present Law shall introduce amendments to Article 12 of the Law of Ukraine No. 1953-ІІІ “On Peculiarities of Privatization of Unfinished Construction Objects” of September 14, 2000. According to these amendments, the ownership right for an object of unfinished construction shall emerge on the part of the buyer from the moment of state registration of the relevant purchase and sale contract.

The present Law shall supplement Article 27 of the Law of Ukraine No. 37-IV “On Grain and Grain Market in Ukraine” of July 4, 2002, with a new provision. This new provision shall stipulate that, if the period of grain storage is determined by the moment when the owner of grain puts in a claim for such grain to be returned, the relevant grain storage facility shall have the right, upon the expiry of the storage period that is usual under the relevant circumstances, to demand that the owner of grain should collect such grain within a reasonable period of time.

The present Law shall invalidate:
  • the Law of Ukraine No. 697-ХІІ “On Property” of February 7, 1991;
  • the Resolution No. 885-ХІІ of the Verkhovna Rada of the Ukrainian Soviet Socialist Republic “On Enforcing the Law of the Ukrainian Soviet Socialist Republic ‘On Property’” of March 26, 1991;
  • the Law of Ukraine No. 1641-ІІІ “On Property Liability for Violating Terms and Conditions of a Contractor's Agreement (Contract) on the Fulfillment of Works Related to the Construction of Objects” of April 6, 2000.
Внимание! Информация устарела из-за того, что этот раздел временно не обновляется!


вверх