Civil Code Of Ukraine

Original Language Title: Цивільний кодекс України

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/435-15

CIVIL CODE of UKRAINE (Verkhovna Rada of Ukraine (BD), 2003, no. 40-44, art. 356) {amended according to the Law No. 980-IV from 19.06.2003, VVR, 2004, no. 2, article 6 # 1255-IV dated November 18, BD, 2004, no. 11, 140 # 1713-IV from 12.05.2004, VVR, 2004, # 33-34, 403 # 2135-IV from 02.11.2004, VVR, 2005, no. 2, article 37 No. 2146-IV from 03.11.2004 , SC, 2005, no. 2, article 39 no. 2450-IV from 03.03.2005, VVR, 2005, no. 13, item 234 No. 2452-IV from 03.03.2005, VVR, 2005, no. 16, 257, no. 2620-IV from 02.06.2005, VVR, 2005, no. 26, 352, no. 2664-IV from 16.06.2005, VVR, 2005, no. 31, art. 420 # 2705-IV dated June 23, VVR, 2005, № 33, 427 # 2710-IV dated June 23, VVR , 2005, no. 32, 423 # 2798-IV from 06.09.2005, VVR, 2005, no. 42, 464 # 3165-IV from 01.12.2005, VVR, 2006, № 12, 102, no. 3201-IV dated 15.12.2005, VVR, 2006, no. 13, item 110 # 3261-IV from December 22, BD, 2006, no. 15, p. 127 # 3348-IV from 17.01.2006, VVR, 2006, # 19-20, 161 # 3456-IV from the 22 of February 2006, VVR, 2006 # 27, art. 234 # 3480-IV of 23.02.2006, VVR, 2006, no. 31, 268 # 185-V from 21.09.2006, VVR, 2006, no. 46, item 456 # 501-V from 20.12.2006, VVR, 2007, № 11, 93, no. 524-V 22.12.2006, VVR, 2007, no. 10, item 87 # 1111-V from 31.05.2007, VVR, 2007, no. 44, 512 # 509-VI from 16.09.2008, VVR, 2008, no. 48 , article 358 # 514-VI from 17.09.2008, VVR, 2008 # 50-51, 384 # 661-VI from 12.12.2008, VVR, 2009, no. 15, 190 # 675-VI from 17.12.2008, VVR, 2009, no. 15, 192 No. 692-VI from 18.12.2008, VVR, 2009, no. 17, 236 No. 800-VI from 25.12.2008, VVR, 2009, # 19, 257 No. 1055-VI from 03.03.2009, VVR, 2009, no. 29, article 393 # 1254-VI from 14.04.2009 , VVR, 2009, # 36-37, item 511 # 1390-VI from 21.05.2009, VVR, 2009, no. 39, 559 # 1559-VI from 17.11.2009, VVR, 2010, no. 1, 2 No. 1568-VI from 25.06.2009, VVR, 2010, # 1, article 5 # 1617-VI from 24.07.2009, VVR, 2010, no. 2-3, article 11 no. 1702-VI from 05.11.2009, VVR, 2010, # 5, 40} {the official interpretation of the code see the Decision of the Constitutional Court No. 31-RP/2009 from 10.12.2009} {the official interpretation of the code see the Decision of the Constitutional Court No. 1-RP/2010 dated 12.01.2010} {amended according to the Law No. 1822-VI from 21.01.2010, VVR, 2010, no. 10, article 106, no. 1878-VI from 11.02.2010, VVR, 2010, # 18, 141 No. 2257-VI dated 14.05.2010, VVR, 2010, no. 28, 354 # 2258-VI from 18.05.2010, VVR, 2010, no. 29, 392 # 2289-VI from 01.06.2010, VVR, 2010, no. 33, item 471 No. 2328-VI from 15.06.2010 , VVR, 2010, # 32, 449 # 2367-VI from 29.06.2010, VVR, 2010, no. 34, item 486 # 2398-VI from 01.07.2010, VVR, 2010, no. 38, item 509 # 2435-VI from 06.07.2010, VVR, 2010, no. 46, item 539 # 2457-VI from 08.07.2010, VVR, 2010, # 48, 564 # 2510-VI dated 09.09.2010, BD, 2011, no. 4, article 20 # 2518-VI dated 09.09.2010, VVR 2011, no. 4, article 22 No. 2527-VI from 21.09.2010, BD, 2011, no. 5, 29 # 2555-VI dated 23.09.2010, BD, 2011, no. 6, article 41, no. 2677-VI from 04.11.2010, BD, 2011 # 19-20, article 142 No. 2735-VI from the 02.12.2010, BD, 2011, no. 21, item 144 No. 2741-VI from the 02.12.2010, BD, 2011, no. 18, 123 # 2756-VI from the 02.12.2010, BD, 2011 # 23, 160 # 2825-VI from December, BD, 2011, no. 27, item 228 # 2850-VI dated 22.12.2010, BD, 2011, no. 28, item 252 # 2938-VI 13.01.2011, BD, 2011, no. 32, article 313 No. 3166-VI from 17.03.2011, BD, 2011, no. 38, item 385 # 3234-VI from 19.04.2011, BD, 2011, no. 42, art. 433 No. 3262-VI from 21.04.2011, BD, 2011, no. 43 , 445 # 3263-VI from 21.04.2011, BD, 2011, no. 43, item 446 # 3323-VI from 12.05.2011, BD, 2011, no. 45, item 479 # 3384-VI from 19.05.2011, BD, 2011, no. 46, item 512 # 3390-VI from 19.05.2011, BD, 2011, no. 47, art. 531 # 3436-VI from 31.05.2011, BD, 2011, no. 50, item 542 No. 3461-VI from 02.06.2011, BD, 2011, no. 51, item 591 # 3565-VI dated July 5th , VVR, 2012, no 5, article 34, no. 3610-VI from Jul 07, VVR, 2012, no. 7, article 53 # 3795-VI dated September 22, BD, 2012, no. 21, item 197 # 4176-VI from 20.12.2011, BD, 2012, no. 29, article 340 # 4212-VI from Thursday, VVR, 2012, # 32-33, c. 413 # 4220-VI from Thursday, VVR, 2012, no. 29, article 345 # 4416-VI from 2012, VVR , 2012, no. 42, item 522 # 4652-VI from 13.04.2012, VVR, 2013, no. 21, 208 # 4765-VI from 17.05.2012, VVR, 2013, no. 15, 99} {the official interpretation of the code see the Decision of the Constitutional Court No. 14-RP/2012 by 03.07.2012} {amended according to the Law No. 5042-VI from 04.07.2012, VVR, 2013, no. 26, article 264 # 5080-VI from 05.07.2012, VVR , 2013, no. 29, article 337 # 5178-VI from the place, VVR, 2013, no. 39, article 517 No. 5284-VI from 18.09.2012, VVR, 2013, no. 37, art. 488 # 5405-VI from 02.10.2012, VVR, 2013, no. 40, 540 No. 5463-VI from 26.10.2012, VVR, 2014, no. 4, article 61 # 5477-VI from 06.11.2012, VVR, 2013, no. 50, art. 693 # 5495-VI from 20.11.2012, VVR, 2013 # 50, art. 698 # 245-VII from 16.05.2013, VVR, 2014, no. 12, 178, no. 402-VII from 04.07.2013, VVR, 2014, no. 20-21, art. 708 # 406-VII from 04.07.2013, VVR, 2014, no. 20-21, 712 # 642-VII from 10.10.2013, VVR, 2014, no. 22, 773} {the official interpretation of the code see the Decision of the Constitutional Court No. 1-RP/2014 from 11.02.2014} {amended according to the Law No. 1170-VII from 27.03.2014 , VVR, 2014, no. 22, item 816 # 1206-VII from 15.04.2014, VVR, 2014, no. 24, item 885 # 1255-VII from 13.05.2014, VVR, 2014, no. 27, 912 # 1258-VII from 13.05.2014, VVR, 2014, no. 28, item 937 No. 1508-VII from 17.06.2014, VVR, 2014, no. 34, 1167 # 1673-VII from 02.09.2014, VVR, 2014, no. 43, item 2037 # 1702-VII from 14.10.2014, VVR , 2014, # 50-51, 2057 # 189-VIII from 12.02.2015, VVR, 2015, no. 16, item 112 # 191-VIII from 12.02.2015, VVR, 2015, no. 21, item 133 No. 289-VIII from 07.04.2015, VVR, 2015, no. 25, item 188, no. 417-VIII from 14.05.2015, VVR, 2015, no. 29, article 262 # 424-VIII from 14.05.2015, VVR, 2015, no. 30, art. 270, no. 629-VIII from 16.07.2015, VVR, 2015 # 43, 386 # 675-VIII from 03.09.2015, VVR, 2015, no. 45, item 410} {text Code word "organ of the State tax service" in all cases and the numbers have been replaced with the words "organ of the income and charges" in the appropriate case and number according to law No. 406-VII from 04.07.2013} FIRST BOOK GENERAL PROVISIONS Chapter I GENERAL PROVISIONS Chapter 1 CIVIL LEGISLATION article 1. Relations regulated by civil legislation 1. Civil law is governed by moral and property relations (civil relations) based on legal equality, free country, majnovìj independence of their members.

2. the property relations based on administrative or other public works under one side of the other party, as well as tax, budgetary relations of the civil legislation does not apply unless otherwise provided by law.

Article 2. Participants in civil relations 1. Participants in civil relations are individuals and legal persons (hereinafter persons).

2. Participants in civil relations are: the State of Ukraine, Autonomous Republic of Crimea, territorial communities, foreign States and other subjects of public law.

Article 3. General principles of the civil law 1. The General principles of civil law are: 1) the inadmissibility of arbitrary interference in the sphere of privacy of an individual;

2) that the deprivation of the right to property, except in cases established by the Constitution of Ukraine and the law;

3) freedom of contract;


4) the freedom of business activity that is not prohibited by law;

5) judicial protection of civil rights and interests;

6) justice, good faith and rationality.

Article 4. Acts of civil legislation 1. Basis of civil legislation is the Constitution of Ukraine.

2. The basic act of civil legislation of Ukraine is the Civil Code of Ukraine.

The acts of civil legislation there are also other laws of Ukraine, which are taken in accordance with the Constitution of Ukraine and the code (hereinafter referred to as the Act).

If the subject of the right of legislative initiative submitted to the Verkhovna Rada of Ukraine the draft law, which governs civil relationships differently than this code, it shall simultaneously submit the draft law on amendments to the Civil Code of Ukraine. Filed a bill being considered by the Verkhovna Rada of Ukraine together with the corresponding draft law on amendments to the Civil Code of Ukraine.

3. civil relationship can be adjusted in the acts of the President of Ukraine in the cases established by the Constitution of Ukraine.

4. Acts of civil legislation is also the resolution of the Cabinet of Ministers of Ukraine.

If the resolution of the Cabinet of Ministers of Ukraine is contrary to the provisions of this code or any other law, shall apply the relevant provisions of this code or other law.

5. other bodies of State power of Ukraine, the authorities of the Autonomous Republic of Crimea may issue normative legal acts regulating civil relations only in cases and within the limits set by the Constitution of Ukraine and the law.

6. civil relationships shall be governed by the same throughout the territory of Ukraine.

Article 5. Effect of civil legislation in time 1. Acts of civil legislation shall govern relations arising from the day of entry into them.

2. Act of civil legislation is not retroactive in time, except when he softens or cancels the civil liability of the person.

3. If a civil relationship emerged earlier and be governed in an act of civil legislation which repealed, a new Act of civil legislation applicable to the rights and obligations that have arisen since the entry into force.

Article 6. Acts of civil legislation and contract 1. The parties have the right to conclude a contract that is not provided for in the acts of civil legislation, but corresponds to the General principles of the civil law.

2. the parties have the right to settle in the contract, which provided for acts of civil legislation, their relationships, which are not regulated by these regulations.

3. the parties to the contract may retreat from provisions of the civil law and settle their relationship at its own discretion.

The parties in the contract can not retreat from provisions of the civil law, if those acts directly stated about it, as well as in case the binding for the parties of the provisions of the civil law, it follows from their content or merits of the relations between the parties.

4. Position the parts of first, second and third of this article are applied and to unilateral decisions.

Article 7. Custom 1. Civil relationships can be governed by custom, such as custom business turnover.

Custom is the rule of conduct, which is not installed in the acts of civil legislation, but there are well established in the sphere of civil relations.

The custom can be recorded in the appropriate document.

2. Custom contrary to the contract or the acts of civil legislation, civil relationship does not apply.

Article 8. Analogy 1. If the civil relationship not regulated by this Code and other acts of civil legislation or contract, they are governed by the legal provisions of this code and other acts of civil legislation regulating similar within the meaning of civil relations (analogy of law).

2. in case of impossibility to use the analogy of a law to regulate civil relations they are regulated in accordance with the General principles of civil legislation (analogy).

Article 9. Application of the Civil Code of Ukraine to settle relations in the areas of management, use of natural resources, environmental protection, as well as to employment and family relations 1. The provisions of this Code shall apply to the settlement of the relations that arise in the areas of use of natural resources and environmental protection, as well as to employment and family relations, if they are not regulated by other acts of legislation.

2. the law may be provided to the features of the regulation of property relations in the field of management.

Article 10. International agreements 1. A valid international treaty which regulates civil relationships, consent to be bound by any given by the Verkhovna Rada of Ukraine, is part of the national civil legislation.

2. If the current international treaty of Ukraine concluded according to law, contains other rules than those established by the relevant Act of civil legislation, applicable rules of the relevant international treaty of Ukraine.

Chapter 2 the REASONS of OCCURRENCE of CIVIL RIGHTS and responsibilities. The EXERCISE of CIVIL RIGHTS and Duties Article 11. The reasons of occurrence of civil rights and obligations 1. Civil rights and obligations arising from the actions of the persons provided for in the acts of civil legislation, as well as the actions of individuals that are not provided in these acts, but similar generate civil rights and responsibilities.

2. Reasons of occurrence of civil rights and obligations, in particular, are: 1) the contracts and other transactions;

2) create literary, artistic works, inventions, and other results of intellectual creative activity;


3) task property (material) and moral harm to another person;

4) other legal facts.

3. civil rights and obligations may arise directly from the civil law.

4. in the cases established by acts of civil legislation, civil rights and obligations arising directly from acts of State authorities, authorities of the Autonomous Republic of Crimea or bodies of local self-government.

5. in the cases established by acts of civil legislation, civil rights and obligations arising from the Court decision.

6. in the cases established by acts of civil legislation or contract basis the occurrence of civil rights and obligations may be offensive or non-occurrence of a specific event.

Article 12. The exercise of civil rights 1. A person exercising their civil rights freely, in its sole discretion.

2. Non-person of their civil rights is not a reason for their termination, except in cases established by law.

3. A person may abandon their property rights.

Waiver of the ownership of the means of transport of animals, rem is carried out in the manner prescribed by the acts of civil legislation.

4. a person can vìdplatnim or bezvìdplatnim agreement to transfer their property right to another person, except in cases established by law.

5. If the Act established the legal ramifications of a dishonest or a mad person exercising their right, it is believed that the behavior of a person is a conscientious and reasonable, unless otherwise determined by the Court.

Article 13. Limits the exercise of civil rights 1. Civil rights person performs within the limits granted by the agreement or by the acts of civil legislation.

2. In the exercise of their rights by the person obliged to refrain from acts that could violate the rights of others, damage the environment or cultural heritage.

3. Not allowed the actions of persons who committed with the intent to cause harm to another person, as well as the abuse of law in other forms.

4. In the exercise of civil rights must abide by the moral foundations of society.

5. it is not allowed the use of civil rights for the purpose of illegal restrictions of competition, the abuse of monopolistic position in the market, as well as unfair competition.

6. If a person is underexposed in the exercise of their rights with the requirements established by the parts of the second-the fifth of this article, the Court may oblige her to stop the abuse of their rights, and apply other effects are set by law.

Article 14. Perform civilian duties 1. Civil duties performed within the limits set by the agreement or the Act of civil legislation.

2. a person may not be ordered to action, the Commission of which is not required for it.

3. Perform civilian duties is ensured by means of promotion and responsibility established by the agreement or the Act of civil legislation.

4. a person may be excused from civil duty or its execution in the cases stipulated by the contract or the acts of civil legislation.

Chapter 3 PROTECTION OF CIVIL RIGHTS and INTERESTS of Article 15. The right to the protection of civil rights and interests 1. Every person has the right to protection of their civil rights in the event of its violation, rejection or litigation.

2. Every person has the right to protect its interest, which does not contradict the General principles of the civil law.

Article 16. Protection of civil rights and interests of the Court 1. Every person has the right to go to court for protection of their personal non-property or property rights and interest.

2. Ways of protection of civil rights and interests may be: 1) recognition of rights;

2) Recognizing the transaction invalid;

3) cessation of acts that infringe the law;

4) restoring the situation that existed before the violation;

5) enforce the obligation in kind;

6) changing pravovìdnošennâ;

7) cessation of pravovìdnošennâ;

8) damages and other compensation for property damage;

9) reimbursement of moral (non-proprietary) damages;

10) recognition of unlawful decisions, actions or inaction of the organ of the State authorities, authorities of Autonomous Republic of Crimea or local self-government, their officials and officers.

The Court can protect civil right or interest otherwise prescribed by the contract or by law.

3. The Court may refuse to protect the civil rights and the interest of a person in case of violation of her provisions of parts two-five article 13 of this code.

Article 17. Protection of civil rights and interests of the President of Ukraine, State authorities, authorities of Autonomous Republic of Crimea or bodies of local self-government 1. The President of Ukraine carries out the protection of civil rights and interests within the powers defined by the Constitution of Ukraine.

2. in the cases established by the Constitution of Ukraine and the law, a person is entitled to apply for protection of civil rights and of interest to the authority of the State authorities, authorities of Autonomous Republic of Crimea or local governments.

3. Body of the State power authority, the Autonomous Republic of Crimea or local government body exercising protection of civil rights and interests within, on the grounds and in a manner established by the Constitution of Ukraine and the law.

The decisions taken by those bodies regarding the protection of civil rights and interests, is not a barrier to treatment for their protection in court.

Article 18. Protection of civil rights by the notary 1. The notary carries out protection of civil rights by committing dishonor on the debt paper in the cases and in the manner established by law.

Article 19. Self-defense civil rights


1. the person has the right to self-defense of his civil rights and the rights of other individuals from violations and unlawful encroachments.

Implicit is the application of a person to which are not prohibited by the law and not contrary to the moral principles of society.

2. Ways of self-protection must match the content of the rights infringed, the nature of the action, which it destroyed, as well as consequences that are caused by this violation.

Ways of self-protection can be chosen by the person or be a contract or acts of civil legislation.

Article 20. The implementation of the right to protection 1. The right to the protection of the person exercising on your own.

2. Non-entity of the right to protection is not a reason to stop civil rights violated, except in cases established by law.

Article 21. Illegal regulation authority State authorities, authorities of the Autonomous Republic of Crimea or local self-government 1. The Court recognizes the illegal and cancels the legal act of individual acts issued by the body of the State power authority Autonomous Republic of Crimea or a body of local self-government, if it is contrary to the regulations of the civil law and violate civil rights or interests.

2. The Court recognizes the illegal and cancels the normative legal act of an organ of the State authorities, authorities of Autonomous Republic of Crimea or local governments if it is contrary to the regulations of the civil law and violate civil rights or interests.

Article 22. Damages and other compensation for property damage 1. Person suffered damages as a result of a violation of her civil rights, has the right to their compensation.

2. Losses are: 1) the losses suffered by the person in connection with the destruction of or damage to things, as well as expenses that a person has done or should do to restore his violated rights (actual damages);

2) that a person could actually receive the usual circumstances, if her right not infringed (missed benefit).

3. Losses reimbursed in full if the contract or the law does not provide compensation in a smaller or larger size.

If the person has violated law, obtained in connection with this income, the size of the lost benefits that has reimbursed the person whose right is violated, there can be less from income received by the person who broke the law.

4. At the request of the person harmed, and according to the circumstances of the case property pity can be recovered, and in other ways, including damage to property, may be reimbursed in kind (transfer of things of the same kind and the same quality, repair the damaged stuff etc.).

Article 23. Compensation of moral damage 1. The person has the right to compensation of moral damage suffered as a result of the infringement of her rights.

2. Moral damages is: 1) in the physical pain and suffering, where an individual has suffered due to injury or other injury to health;

2) spiritual suffering, where an individual experienced in connection with the unlawful conduct on itself, members of her family or close relatives;

3) spiritual suffering, where an individual experienced in connection with the destruction of or damage to property;

4) humiliation of honour and dignity of the individual, as well as the business reputation of the physical or legal person.

{Item 4 part two article 23 as amended by law No. 3261-IV from December 22}

3. Moral damages recoverable money, other property, or in another way.

The size of the monetary compensation of moral damage is determined by the Court depending on the nature of the offense, the depths of physical and spiritual suffering, deterioration of the abilities of the victim or of his possibilities of their implementation, the degree of fault of the person who inflicted moral damage, if the wine is the reason for the refund, and also taking into account other circumstances that are essential. When determining the size of the compensation takes into account the requirements of reasonableness and fairness.

4. Moral damages are compensated regardless of property damage, which is refundable and is not associated with the size of the refund.

5. Moral damages recoverable, unless otherwise provided by the contract or by law.

Chapter II PERSONS Division 1 INDIVIDUAL Chapter 4 GENERAL PROVISIONS on INDIVIDUAL Article 24. The concept of individual 1. Man as a member of the civil relations is considered to be an individual.

Article 25. Civil capacity of physical persons 1. The ability to have civil rights and duties (civil legal capacity) are all natural persons.

2. Civil capacity of physical persons to caused at the moment of its birth.

In the cases established by law, protected the interests of the Immaculate, but the unborn child.

3. in the cases established by law, the ability to have separate civil rights and obligations may be associated with achievement of individuals of appropriate age.

4. Civil capacity of physical persons shall be terminated at the time of her death.

Article 26. The volume of civil legal capacity of an individual 1. All individuals are equal in capacity to have civil rights and obligations.

2. the individual has all the moral rights specified by the Constitution of Ukraine and this code.

3. a physical person can have all the property rights, established by this code, the other law.

4. An individual can have other civil rights that are not set by the Constitution of Ukraine, this code, other law if they do not contradict the law and moral principles of society.

5. An individual can have responsibilities as a member of the civil relations.

Article 27. Prevention limiting the ability of an individual to have civil rights and obligations


1. a Deal that restricts individual have not prohibited by the law of civil rights and obligations, is void.

2. A legal act of the President of Ukraine, an organ of the State authorities, authorities of the Autonomous Republic of Crimea, local authorities, their officials and officers may not restrict the ability of the individual have not prohibited by the law of civil rights and obligations, except in cases when such a restriction provided by the Constitution of Ukraine.

Article 28. The name of the natural person 1. An individual acquires rights and duties and carries them under your name.

The name of the natural person who is a citizen of Ukraine, consists of the names of his name and patronymic unless otherwise follows from the law or custom of the national minorities, to which it belongs.

2. In the exercise of certain civil rights of an individual under the Act may use a pseudonym (made-up name) or act without specifying a name.

3. The name of the natural person is provided in accordance with the law.

Article 29. Place of residence of natural person 1. Place of residence of the individual is a housing in which she resides permanently or temporarily.

{Part one of article 29 in law No. 1673-VII from 02.09.2014}

2. An individual who has reached 14 years, freely chooses a place of residence, with the exception of restrictions established by law.

3. the place of residence of an individual between the ages of ten to fourteen is the residence of her parents (adoptive parents) or one of them, with whom she lives, guardian or the location of the educational institution or institution of health, etc., in which she resides, unless another location is not determined by agreement between the child and parents (usinovlûvačami, guardian) or organization that performs for her function of guardian.

In case of dispute the place of residence of an individual between the ages of ten to fourteen years is determined by the organ of guardianship and custody, or by the Court.

4. the place of residence of an individual who has not reached the ten years, is the residence of her parents (adoptive parents) or one of them, with whom she lives, guardian or the location of the educational institution or institution of health in which it resides.

5. Place of incompetent persons is the place of residence of her guardian or the location of the respective organization, which performs a function against her guardian.

6. a physical person may have several places of residence.

Article 30. Civil competence of individual 1. Civil competence must an individual who is aware of the significance of his actions and control them.

Civilian za individual is its ability to their actions acquire for themselves civil rights and their exercise, and the ability of their actions create for himself civil obligations, they perform and be responsible in case of their failure.

2. The amount of the civil capacity of physical persons is established by this Code and may be restricted only in cases and in the manner established by law.

Article 31. Partial civil competence of an individual who has not reached fourteen years of age 1. An individual who has not reached fourteen years (malolìtnâ person) has the right to: 1) independently from small domestic deeds.

Deal is considered a fine household if he meets the domestic needs of the person responsible for her physical, spiritual or social development and concerns a subject that has a low cost;

2) to exercise moral rights to results of intellectual creative activity protected by law.

2. Malolìtnâ a person shall not be liable for the damage it caused.

Article 32. Incomplete civil competence of an individual between the ages of fourteen to eighteen years of age 1. In addition to the transactions stipulated in article 31 of this code, an individual between the ages of fourteen to eighteen years old (underage person) has the right to: 1) independently dispose of his earnings, scholarship or other income;

2) independently of the right to the results of intellectual creative activity protected by law;

3) be a member of (the founder) of legal entities, if this is not prohibited by law or constituent documents of a legal entity;

4) independently conclude deposit agreement (account) and dispose of the deposit, included it on their name (cash account).

2. Underage person commits other transactions with the consent of the parents (adoptive parents) or the Trustees.

Committing a minor person transaction concerning the vehicle or real property must be written notarized consent of the parents (adoptive parents) or trustee and resolution authority custody and care.

3. Underage person may dispose of cash that fully or partially made by others in the financial institution to its name, with the consent of the body of guardianship and care and the parents (adoptive parents) or trustee.

{Part three of article 32 as amended by law No. 3201-IV dated 15.12.2005}

4. Consent to committal of a minor person transaction must be obtained from the parents (adoptive parents) or trustee and body care and care in accordance with the law.

{Part four article 32 as amended by law No. 3201-IV dated 15.12.2005; amended by law No. 3234-VI from 19.04.2011}

5. If there are sufficient grounds to the Court on the application of the parents (adoptive parents), trustee, body care and care can limit the right of a minor person independently dispose of his earnings, scholarship or other income or to deprive her of that right.


The Court cancels the decision limit or deprivation of this right, if you have circumstances that were the basis for its decision.

6. the order of restriction of civil legal capacity of a minor person is established by the civil procedural code of Ukraine.

{Article 32 amended by law No. 2620-IV from 02.06.2005} Article 33. Civil liability of under age persons 1. An underage person is personally liable for breach of contract, concluded her independently according to law.

2. Underage person personally liable for breach of contract, concluded with the consent of the parents (adoptive parents), trustee. If the underage person enough property for damages, the additional responsibility of her parents (usinovlûvačì) or a caregiver.

3. A juvenile person is liable for damage sustained by it to another person, in accordance with article 1179 of this code.

Article 34. Full civil competence 1. Full civil competence is an individual who has attained eighteen years of age (the age of majority).

2. In the case of marriage registration of the physical person who has not reached the age of majority, she acquires full civil capacity from the moment of registration of the marriage.

In the case of termination of marriage to achieve individual maturity acquired her full civil competence is maintained.

In the case of annulment of the grounds not related to the unlawful behavior of underage persons, has her full civil competence is maintained.

Article 35. Granting full civil capacity 1. Full civil capability can be given to an individual who has attained sixteen years and operates under the employment agreement, as well as a minor to the person who recorded the mother or father of the child.

2. the granting of full civil capacity produced by the decision body care and care for the Palestinian statement of a person with the written consent of the parents (adoptive parents) or trustee, and in the absence of such consent the complete civil capability can be provided by the Court.

3. Total civilian capability can be given to an individual who has attained sixteen years and who wishes to engage in business activity.

If you have the written consent of the parents (adoptive parents), trustee or custody and care of such a person may be registered as an entrepreneur. In this case, an individual acquires full civil capacity from the moment of State registration as an entrepreneur.

4. Total civilian capability, given the physical person, applies to all civil rights and responsibilities.

5. in the event of termination of the employment contract, the termination of individual entrepreneurship given her full civil competence is maintained.

Article 36. Limitation of civil capacity natural person 1. The Court may limit the civilian capability of an individual if she suffers from a mental disorder that significantly affects its ability to realize the significance of his actions or control them.

2. The Court may restrict civil competence of an individual if she was abusing alcohol, abuse, toxic substances, gambling etc and even puts himself or his family, as well as others, which it is by law obliged to maintain, in a difficult financial situation.

{Part two article 36 amended by law No. 4416-VI from 2012}

3. the order of restriction of civil capacity of physical persons is established by the civil procedural code of Ukraine.

4. Civil competence of an individual is limited since the entry into legal force court decision about it.

Article 37. Legal consequences of restriction of civil capacity natural person 1. Over the individual, civil capability which is limited, care.

2. a natural person civil competence which is limited, can commit only a small domestic deeds.

3. Transactions for the disposition of property and other transactions that extend beyond the small household, perpetrated by a person, civil capability which is limited by agreement of the guardian.

Refusal of the trustee agree to commit transactions that extend beyond the small household, may be challenged by the civil competence which is limited to the organ of guardianship and custody, or the Court.

4. Receipt of earnings, pensions, scholarships and other income of the person, civil capability which is limited, and rozporâdžannâ of them are public. A caregiver may in writing allow individual, civil capability which limited themselves to receive earnings, pension, scholarship, other income and dispose of them.

5. the person, civil capability which is limited, is responsible for the breach of her contract, concluded for the consent of the trustee and the damage caused by it to another person.

Article 38. Renovation of civil capacity of physical persons, civil capability was limited to 1. In the case of recovery of the individual, civil capability which was limited, or of such improved her mental state, which regained its ability to fully realize the significance of his actions or control them, the Court reiterates its civilian capability.

2. in case of termination of individual abuse alcohol, abuse, toxic substances, gambling, etc., the Court reiterates its civilian capability.

{Part two article 38, as amended by the law No. 4416-VI from 2012}

3. the Guardianship established over the individual, shall be terminated on the basis of a court decision on restoration of civil capacity.


4. the procedure for the restoration of civil capacity of physical persons, civil capability which was limited, the Civil Procedural Code of Ukraine.

Article 39. Recognition of individual dysfunctional 1. An individual can be recognized by the Court of dysfunctional, if as a result of a chronic, steady mental disorder is not able to realize the significance of his actions or control them.

2. the procedure for the recognition of individual dysfunctional set the civil procedural code of Ukraine.

3. If the Court fails to satisfy an application for recognition of a person's dysfunctional and determined that the requirement was stated bad faith without sufficient for this reason, the individual to whom such actions was inflicted moral damage, has the right to demand compensation from the applicant.

Article 40. The moment of recognition of the individual's dysfunctional 1. An individual recognized by dysfunctional from the moment of entry into legal force court decision about it.

2. from the time of occurrence of the incapacity depends on the invalidation of marriage, contract or other transaction, a court with regard to the conclusion of forensic psychiatric expertise and other evidence regarding the mental condition of the person may determine, in its day, with whom she recognized as dysfunctional.

Article 41. Legal effects of recognition of a dysfunctional individual 1. Over the dysfunctional individual care is established.

2. Failed physical person is not entitled to do any transaction.

3. Transactions on behalf of incompetent individuals and its interests commits her guardian.

4. responsibility for the damage caused to the dysfunctional individual, carries her guardian (article 1184 of this code).

Article 42. Renovation of civil capacity of physical persons, which was recognized by dysfunctional 1. According to the guardian or guardianship and custody trial resumes civilian capability of the individual, which was recognized by the dysfunctional, and stops the burn if it is established that as a result of recovery or significant improvement in her mental condition she has the ability to realize the significance of his actions and control them.

2. the procedure for the restoration of civil capacity of physical persons, which was recognized by dysfunctional, the Civil Procedural Code of Ukraine.

{Article 42, as amended by the law No. 2798-IV from 06.09.2005} Article 43. Recognition of individual identification of missing 1. An individual can be recognized by a court declaration missing, if for one year in place of her permanent residence there is no information about the location of her stay.

2. in case of impossibility to set the day of the receipt of the latest information about the whereabouts of the person starting it bezvìsnoï absence is considered to be the first day of the month that follows the order in which they were obtained the following information, and in case of impossibility to install this month-the first of January next year.

3. the procedure for the recognition of individual identification of missing is established by the civil procedural code of Ukraine.

Article 44. Custody over the property of a physical person who acknowledged the missing, as well as the individual, the location of which is unknown 1. On the basis of a court decision on the recognition of individual identification of missing a notary for the last place of its Habitat describes the tribute to her property and sets over it guardianship.

2. According to Palestinian persons or organ of guardianship and custody over the property of the individual, the location of which is unknown, custody can be installed by the notary to the approval of the Court decision on the recognition of its Declaration missing.

3. A guardian over the property of a physical person who acknowledged the missing, or an individual, the location of which is unknown, takes the implementation of civilian duties in her favor, repays its debts at the expense of property, manages this property in her best interest.

4. A statement of the Palestinian entity guardian over the property of a physical person who acknowledged the missing, or an individual, the location of which is unknown, provides at the expense of maintenance of individuals whom they are legally required to hold.

5. Care of the property shall be terminated in the event of the cancellation of the Court decision on the recognition of individual identification of the missing, as well as in the case of the appearance of the individual, the location of which was unknown.

Article 45. Undoing the Court's decision on the recognition of individual identification of missing 1. If an individual who was acknowledged missing, or if the received information on the location of her residence, the Court for the place of her or the Court that ruled the decision on the recognition of the person's identification of the missing, according to that person or any other interested person cancels the decision on recognition of the individual identification of the missing.

Article 46. The announcement of a natural person 1. An individual can be declared by a Court of a, if in place of her permanent residence there is no information about where it stays for three years, and if she went missing for the circumstances that threatened her with death or give grounds to assume her death from a specific accident, within six months, and the ability to consider individual zagibloû from a specific accident or other circumstances as a result of manmade and natural disasters – within one month after the completion of the work of the Special Commission formed as a result of manmade and natural disasters.