Key Benefits:
(Information of the Verkhovna Rada of Ukraine (VR), 2003, No. 40-44, pp. 356)
{With changes under the Laws
No. 980-IV of 19.06.2003 , OB, 2004, No. 2, pp. 6
No. 1255-IV of 18.11.2003 , BBR, 2004, No. 11, pp. 140
No. 1713-IV of 12.05.2004 , VB, 2004, No. 33-34, pp. 403
No. 2135-IV of 02.11.2004 , VCE 2005, No. 2, pp. 37
No. 2146-IV of 03.11.2004 , VCE 2005, No. 2, pp. 39
No. 2450-IV of 03.03.2005 , VB, 2005, No. 13, pp. 234
No. 2452-IV of 03.03.2005 , VB, 2005, No. 16, pp. 257
No. 2620-IV of 02.06.2005 , VB, 2005, No. 26, pp. 352
No. 2664-IV of 16.06.2005 , VCE 2005, No. 31, pp. 420
No. 2705-IV of 23.06.2005 , VB, 2005, No. 33, pp. 427
No. 2710-IV of 23.06.2005 , VB, 2005, No. 32, pp. 423
No. 2798-IV of 06.09.2005 , VR, 2005, No. 42, pp. 464
No. 3165-IV of 01.12.2005 , VB, 2006, No. 12, pp. 102
No. 3201-IV of 15.12.2005 , VR, 2006, No. 13, pp. 110
No. 3261-IV of 22.12.2005 , VB, 2006, No. 15, pp. 127
No. 3348-IV of 17.01.2006 , VB, 2006, No. 19-20, pp. 161
No. 3456-IV of 22.02.2006 , VR, 2006, No. 27, pp. 234
No. 3480-IV of 23.02.2006 , VR, 2006, No. 31, pp. 268
No. 185-V of 21.09.2006 , VB, 2006, No. 46, pp. 456
No. 501-V of 20.12.2006 , VB, 2007, No. 11, pp. 93
No. 524-V of 22.12.2006 , VB, 2007, No. 10, pp. 87
No. 1111-V of 31.05.2007 , BBR, 2007, No. 44, pp. 512
No. 509-VI of 16.09.2008 , VR, 2008, No. 48, pp. 358
No. 514-VI of 17.09.2008 , VR, 2008, No. 50-51, pp. 384
No. 661-VI of 12.12.2008 , VB, 2009, No. 15, pp. 190
No. 675-VI of 17.12.2008 , B, 2009, No. 15, pp. 192
692-VI of 18.12.2008 , VB, 2009, No. 17, pp. 236
No. 800-VI of 25.12.2008 , BBR, 2009, No. 19, pp. 257
No. 1055-VI of 03.03.2009 , VB, 2009, No. 29, pp. 393
No. 1254-VI of 14.04.2009 , VR, 2009, No. 36-37, pp. 511
No. 1390-VI of 21.05.2009 , VCE 2009, No. 39, pp. 559
No. 1559-VI of 17.11.2009 , VR, 2010, No. 1, pp. 2
No. 1568-VI of 25.06.2009 , VR, 2010, No. 1, pp. 5
No. 1617-VI of 24.07.2009 , VR, 2010, No. 2-3, pp. 11
No. 1702-VI of 05.11.2009 , BBR, 2010, No. 5, pp. 40}
{Official interpretations of the Code of Code. of the Constitutional Court
No. 31-r/ 2009 of 10.12.2009 }
{Official interpretations of the Code of Code. of the Constitutional Court
No. 1-RP/ 2010 of 12.01.2010 }
{With changes under the Laws
No. 1822-VI of 21.01.2010 , VR, 2010, No. 10, pp. 106
No. 1878-VI of 11.02.2010 , BBR, 2010, No. 18, pp. 141
No. 2257-VI of 14.05.2010 , VR, 2010, No. 28, pp. 354
No. 2258-VI of 18.05.2010 , VR, 2010, No. 29, pp. 392
No. 2289-VI of 01.06.2010 , VR, 2010, No. 33, pp. 471
No. 2328-VI of 15.06.2010 , VR, 2010, No. 32, pp. 449
No. 2367-VI of 29.06.2010 , VR, 2010, No. 34, pp. 486
No. 2398-VI of 01.07.2010 , VR, 2010, No. 38, pp. 509
No. 2435-VI of 06.07.2010 , VR, 2010, No. 46, pp. 539
No. 2457-VI of 08.07.2010 , VR, 2010, No. 48, pp. 564
No. 2510-VI of 09.09.2010 , BBR, 2011, No. 4, pp. 20
No. 2518-VI of 09.09.2010 , BBR, 2011, No. 4, pp. 22
No. 2527-VI of 21.09.2010 , BBR, 2011, No. 5, pp. 29
No. 2555-VI of 23.09.2010 , VCE 2011, No. 6, pp. 41
No. 2677-VI of 04.11.2010 , 2011, No. 19-20, pp. 142
No. 2735-VI of 02.12.2010 , VB, 2011, No. 21, pp. 144
No. 2741-VI of 02.12.2010 , VB, 2011, No. 18, pp. 123
No. 2756-VI of 02.12.2010 , BBR, 2011, No. 23, pp. 160
No. 2825-VI of 21.12.2010 , BBR, 2011, No. 27, pp. 228
No. 2850-VI of 22.12.2010 , VR, 2011, No. 28, pp. 252
No. 2938-VI of 13.01.2011 , VB, 2011, No. 32, pp. 313
No. 3166-VI of 17.03.2011 , BBR, 2011, No. 38, pp. 385
No. 3234-VI of 19.04.2011 , VR, 2011, No. 42, pp. 433
No. 3262-VI of 21.04.2011 , VR, 2011, No. 43, pp. 445
No. 3263-VI of 21.04.2011 , BBR, 2011, No. 43, pp. 446
No. 3323-VI of 12.05.2011 , BBR, 2011, No. 45, pp. 479
No. 3384-VI of 19.05.2011 , BBR, 2011, No. 46, pp. 512
No. 3390-VI of 19.05.2011 , BBR, 2011, No. 47, pp. 531
No. 3436-VI of 31.05.2011 , VR, 2011, No. 50, pp. 542
No. 3461-VI of 02.06.2011 , BBR, 2011, No. 51, pp. 578
No. 3565-VI of 05.07.2011 , BBR, 2012, No. 5, pp. 34
No. 3610-VI of 07.07.2011 , BBR, 2012, No. 7, pp. 53
No. 3795-VI of 22.09.2011 , BBR, 2012, No. 21, pp. 197
No. 4176-VI of 20.12.2011 , VB, 2012, No. 29, pp. 340
No. 4212-VI of 22.12.2011 , VB, 2012, No. 32-33, pp. 413
No. 4220-VI of 22.12.2011 , VR, 2012, No. 29, pp. 345
No. 4416-VI of 21.02.2012 , VR, 2012, No. 42, pp. 522
No. 4652-VI of 13.04.2012 , VR, 2013, No. 21, pp. 208
No. 4765-VI of 17.05.2012 , BBR, 2013, No. 15, pp. 99}
{Official interpretations of the Code of Code. of the Constitutional Court
No. 14-rp/ 2012 of 03.07.2012 }
{With changes under the Laws
No. 5042-VI of 04.07.2012 , VR, 2013, No. 26, pp. 264
No. 5080-VI of 05.07.2012 , VR, 2013, No. 29, pp. 337
No. 5178-VI of 06.07.2012 , BBR, 2013, No. 39, pp. 517
No. 5284-VI of 18.09.2012 , VR, 2013, No. 37, pp. 488
No. 5405-VI of 02.10.2012 , VR, 2013, No. 40, pp. 540
No. 5463-VI of 16.10.2012 , BBR, 2014, No. 4, pp. 61
No. 5477-VI of 06.11.2012 , VR, 2013, No. 50, pp. 693
No. 5495-VI of 20.11.2012 , VR, 2013, No. 50, pp. 698
No. 245-VII of 16.05.2013 , BBR, 2014, No. 12, pp. 178
No. 402-VII of 04.07.2013 , VR, 2014, No. 20-21, pp. 708
No. 406-VII of 04.07.2013 , BBR, 2014, No. 20-21, pp. 712
No. 642-VII of 10.10.2013 , BBR, 2014, No. 22, pp. 773}
{Official interpretations of the Code of Code. of the Constitutional Court
No. 1-rp/ 2014 from 11.02.2014 }
{With changes under the Laws
No. 1170-VII of 27.03.2014 , BBR, 2014, No. 22, pp. 816
No. 1206-VII of 15.04.2014 , BBR, 2014, No. 24, pp. 885
No. 1255-VII of 13.05.2014 , BBR, 2014, No. 27, pp. 912
No. 1258-VII of 13.05.2014 , BBR, 2014, No. 28, pp. 936
No. 1508-VII of 17.06.2014 , BBR, 2014, No. 34, pp. 1167
No. 1673-VII of 02.09.2014 , VR, 2014, No. 43, pp. 2037
No. 1702-VII of 14.10.2014 , BBR, 2014, No. 50-51, pp. 2057
No. 189-VIII of 12.02.2015 , BBR, 2015, No. 16, pp. 112
No. 191-VIII of 12.02.2015 , BBR, 2015, No. 21, pp. 133
No. 289-VIII of 07.04.2015 , VR, 2015, No. 25, pp. 188
No. 417-VIII of 14.05.2015 , BBR, 2015, No. 29, pp. 262
No. 424-VIII of 14.05.2015 , BBR, 2015, No. 30, pp. 270
No. 629-VIII of 16.07.2015 , VR, 2015, No. 43, pp. 386
No. 675-VIII of 03.09.2015 , BBR, 2015, No. 45, pp. 410}
{In the text of the Code of Code, the words "organ of the state tax service" in all differences and numbers are replaced by the words "income and income authority" in the appropriate reference and, under the Act, No. 406-VII of 04.07.2013 }
Chapter 1
CIVIL LAW OF UKRAINE
Article 1. Relations regulated by civil law
1. Civil law is governed by personal non-maize and master relations (civil relations) based on legal equality, free will, to the main self-discovery of their participants.
2. To the main relationship based on administrative or other ownership of one side of the second side, and prior to the tax, budgetary relations, civil law does not apply unless otherwise established by law.
Article 2. Civil Relations Participants
1. Civilians of civil relations are individuals and legal persons (hereinafter).
2. Participant in civil relations are: State of Ukraine, Autonomous Republic of Crimea, territorial communities, foreign states and other entities of public law.
Article 3. General principles of civil law
1. The general courts of civil law are:
(1) The imposition of a dumping force in the sphere of personal life;
(2) inimposition of the deprivation of property other than the cases set out by the Constitution of Ukraine By law;
(4) Freedom of entrepreneurship, which is not prohibited by law;
(5) Judicial protection of civil law and interest;
(6) Justice, integrity and reasonability.
Article 4. Acts of civil law of Ukraine
1. The Constitution of Ukraine is the Constitution of Ukraine.
2. The main act of civil legislation of Ukraine is the Civil Code of Ukraine.
There are also other laws of Ukraine that are accepted according to the Constitution of Ukraine and this Code (hereafter).
If the Law of the Legislative Initiative has applied to the Supreme Council of Ukraine a draft law that regulates civil relations differently than this Code, it is required to simultaneously submit a draft law to amend the Civil Code of Ukraine. The bill is considered by the Verkhovna Rada of Ukraine simultaneously with the relevant draft law on amendments to the Civil Code of Ukraine.
3. Civil relations may be regulated by the acts of the President of Ukraine in cases established by the Constitution of Ukraine.
4. The actions of the civil law are also the Regulations of the Cabinet of Ministers of Ukraine.
If the decree of the Cabinet of Ministers of Ukraine contradicts the position of this Code or other law, the relevant provisions of this Code or other law apply.
5. Other State authorities of Ukraine, the authorities of the Autonomous Republic of Crimea may issue normative legal acts governing civil relations, only in cases and within the limits set by the Constitution of Ukraine and the law.
6. Civil relations are regulated equally throughout Ukraine.
Article 5. Action by acts of civil law in time
1. Acts of civil legislation regulate the relationships that have arisen since the day of entry into force.
2. The Act of Civil Legislation has no retroactive effect in time, except when it mitigates or repeates civil liability.
3. If civil relations have emerged earlier and governed by an act of civil legislation which has lost the validity, a new act of civil law applies to the rights and duties arising from the moment of effect.
Article 6. Acts of civil law and treaty
1. Parties shall have the right to conclude a treaty that is not foreseen by the acts of civil law, but is consistent with the general law of civil law.
2. Parties shall have the right to settle in a treaty that is predicted by the acts of civil law, and their relations which are not settled by these acts.
3. Parties to the treaty may withdraw from the provisions of the acts of civil law and to settle their relationship with their own discretion.
The parties in the treaty cannot retreat from the provisions of the acts of civil law, if in these acts explicitly specified of this, and in case the binding on the sides of the provisions of the acts of civil law follows from their content or in essence a relationship. between the parties.
4. The provisions of the first, second and third of this article apply to the unilateral jurisprudence.
1. Civil relations may be regulated by custom, in particular the custom of business turnover.
The custom is a behavior that is not set by the acts of civil law, but is tipped in a certain sphere of civil relations.
A custom can be seen in a document.
2. The use of the treaty or the provisions of civil law, in civil affairs, is not applicable.
1. If civil relations are not settled by this Code, other acts of civil legislation or treaty, they are governed by the legal norms of this Code, other acts of civil legislation governing similar civil relations. (The law of the law).
2. In case of failure to use the analogy of a law to regulate civil relations, they are governed in accordance with the general jurisdiction of civil law (analogies of law).
Article 9. The application of the Civil Code of Ukraine to settle relations in the areas of the host, use of natural resources, environmental protection, and to the labour and family relations
1. The regulation of this Code is applied to the settlement of relationships that arise in the areas of use of natural resources and environmental protection, as well as to the labour and family relations if they are not settled by other acts of legislation.
2. The Act may be subject to the peculiarities of the regulation of major relations in the sphere of the household.
Article 10. International treaties
1. The private international treaty which regulates civil relations, consent to the binding of the Verkhovna Rada of Ukraine, is part of the national civil law of Ukraine.
2. If the current international treaty of Ukraine, concluded in accordance with the law of order, contains other rules than those established by the relevant act of civil law, apply the rules of the relevant international treaty of Ukraine.
Chapter 2
GROUNDS FOR CIVIL RIGHTS AND DUTIES. EXERCISE OF CIVIL RIGHTS AND DUTIES
Article 11. Grounds for the emergence of civil rights and responsibilities
1. Civil rights and duties arise from actions provided by acts of civil law, as well as actions of persons not foreseen by these acts, but in a similar manner, civil rights and duties are generated.
2. The formation of civil rights and duties, in particular, is:
2) the creation of literary, artistic works, inventions and other results of intellectual, creative activities;
(3) To-to-to-dos (material) and moral harm to another person;
3. Civil rights and duties may arise directly from the acts of civil law.
4. In cases established by the acts of civil law, civil rights and duties arise directly from acts of government authorities, the authorities of the Autonomous Republic of Crimea, or local government bodies.
5. In cases established by the acts of civil law, civil rights and duties may arise from the decision of the court.
6. In cases set by the acts of civil law or the treaty, the formation of civil rights and obligations may be of the occurrence or non-occurrence of a particular event.
Article 12. Exercise of civil rights
1. Osoba makes up its civil rights freely, on its own discretion.
2. The failure of its civil rights is not a basis for their termination, except in the cases established by law.
3. A person may refuse his master's right.
The failure of ownership of vehicles, animals, fixed things is carried out in the order established by the acts of civil law.
4. A person may be paid or free of charge by the treaty to transfer its property to another person except in the cases established by the law.
5. If the law established the legal consequences of unfair or unreasonable exercise of the person's rights, it is assumed that the person's behavior is virtuous and reasonable unless otherwise established by the court.
Article 13. The limits of civil rights
1. Civil rights are within the limits given to it by the treaty or the acts of civil law.
2. When exercising its rights, a person is obliged to refrain from actions that would violate the rights of other persons, harm the environment or cultural heritage.
3. Persons who are committed to harm another are not permitted, as well as abuse of the right in other forms.
4. On the exercise of civil rights, the person must be adhering to the moral institutions of society.
5. The use of civil rights is not permitted for the purpose of a non-legal limit of competition, the abuse of a monopoly position on the market, as well as unfair competition.
6. In the case of malnutrition in the exercise of its rights established by the second-fifth of this article, the court may have to stop the abuse of its rights, and to apply the other consequences established by law.
Article 14. Enforcement of civil duties
1. Civil duties are exercised within the limits imposed by the treaty or act of civil law.
2. A person shall not be forced into action that is not required for her.
3. The execution of civil duties is provided by the means of encouragement and responsibility, which are established by the treaty or act of civil law.
4. The person may be exempt from civil duty or execution in cases established by the treaty or acts of civil law.
Chapter 3
PROTECTION OF CIVIL RIGHTS AND INTERESTS
Article 15. Right to protect civil rights and interests
1. Each person has the right to protect their civil rights in case of its violation, for lack of recognition or exercise.
2. Each individual has the right to protect their interest, which does not contradict civil law.
Article 16. Protection of civil rights and interests of the court
1. Each person has the right to appeal to the court for the protection of his personal nemaine or property rights and interest.
2. Ways to protect civil rights and interests can be:
(2) The recognition of the legal order is invalid;
(3) To end an act that violates the right;
4) the restoration of the situation that existed before the violation;
(5) Force a compulsory exercise;
(8) damages and other ways of reparation;
(9) Damage to moral (non-mine) harm;
10) recognition of the unlawful decisions, actions or inactivity of the public authority, the authority of the Autonomous Republic of Crimea, or the authority of local government, of their officials and officials.
The Court may protect civil law or interest in another way established by the treaty or the law.
3. The Court may refuse protection of civil law and interest of the person in case of violation of provisions Parts of the Second-Fifth Article 13 That's the Code.
Article 17. Protection of civil rights and interests by the President of Ukraine, organs of state power, authorities of the Autonomous Republic of Crimea, or local government bodies
1. The President of Ukraine exercises protection of civil rights and interests within the limits of Constitution of Ukraine .
2. In cases established by the Constitution of Ukraine and law, the person has the right to address the protection of civil law and interest in the authority of the State authority, the authority of the Autonomous Republic of Crimea, or the local self-government authority.
3. The State Authority, the authority body of the Autonomous Republic of Crimea, or the local self-government shall protect civil rights and interests within, on grounds and in the manner established by the Constitution of Ukraine and the law.
The decisions taken by the specified bodies to protect civil rights and interests are not an obstacle to the appeal of their protection to the court.
Article 18. Protection of the civil rights of the notary
1. The notary carries out protection of civil rights by committing an executive writing on a debt document in cases and in the order established Law .
Article 19. Self-defence of civil rights
1. The person shall have the right to self-defense of their civil rights and the right of another person against violations and against the opposing forces.
Self-defense is an application of anti-law enforcement, which are not prohibited by law and not to contradict the moral principles of society.
2. Self-defense methods must conform to the content of the law that is violated, the nature of the actions that it is violated, as well as the consequences caused by this violation.
The means of self-defense may be chosen by the person or to be established by the treaty or acts of civil law.
Article 20. Exercise of the right to protection
1. The right to protection of persons shall be exercised.
2. Non-infringement of the right to protection is not a basis for the cessation of civil rights violations, except in the cases established by law.
Article 21. Recognition of the illegal legal act of the State authority, the authority of the Autonomous Republic of Crimea, or the local self-government authority
1. The Court acknowledges illegal and repeal the legal act of individual action issued by the state authority, the authority authority of the Autonomous Republic of Crimea, or the authority of local government, if it contradicts the acts of civil law and violates civilians Rights or interests.
2. The Court acknowledges unlawful and repeals the legal act of the State authority, the authority of the Autonomous Republic of Crimea, or the authority of local self-government, if it contradicts the acts of civil law and violates civil rights or interests.
Article 22. Damages and other ways to reimburse major harm
1. The damage caused by its civil rights violations is entitled to their reparations.
2. The following are the following:
(1) The loss of whom the person has suffered due to the destruction or damage of the thing, as well as the costs the person has made or must do to restore his broken right (real damages);
(2) The income of which a person could actually be given under ordinary circumstances, if the right was not violated (a loss of profits).
3. The damages shall be reimbursed in full, if the treaty or law does not have a reimbursement in a smaller or larger size.
If a person who has violated the law has received this income, then the size of the missed gain, which should be reimbursed by the person who is violated, cannot be less than the income received by the person who has violated the law.
4. On the request of a person who is harmed, and according to the circumstances of the case of a maidan regret may be reimbursed and in another way, in particular, the regret caused by the Mayu may be reborn (refiling of the same kind and of the same quality) damaged things, etc.).
Article 23. Reparation for moral harm
1. The person is entitled to redress the moral harm caused by the violation of her rights.
(1) In physical pain and suffering, which the physical person has suffered in connection with the potassium or other health care;
2) in the spirit of suffering, which the physical person has suffered due to the contrasting behaviour of her own, members of her family or close relatives;
3) in the spirit of suffering, which the physical person has suffered due to the destruction or damage of her property;
4) in the humiliation of the honor and dignity of the physical person, as well as the business reputation of a physical or legal person.
{Paragraph 4 of the second Article 23 in the edition of the Law No. 3261-IV of 22.12.2005 }
3. A moral regret is repulsed by sinners, another mine or in another way.
The amount of monetary damages determined by the court, depending on the nature of the offence, the depth of the physical and spirit suffering, the deterioration of the victim or the deprivation of their possibilities, the degree of guilt that is has caused moral harm if the guilt is a basis for reparation, and also with regard to other circumstances that have a significant meaning. In determining the size of the reimbursement, the requirements of intelligence and justice are taken into account.
4. The moral regret is regrettable regardless of the major damage that is subject to reparation, and is not associated with the size of this redress.
5. Moral regret is regrettable at once, unless otherwise established by the treaty or by law.
Chapter 4
GENERAL PROVISIONS OF PHYSICAL
Article 24. Concept of a physical person
1. A person as a participant of civil relations is considered a physical person.
Article 25. Civilian life of a physical person
1. The ability to have civil rights and duties (civil law) have all physical persons.
2. The resutability of a physical person is at the time of her birth.
In cases established by law, the interests of the child are protected, but not yet born a child.
3. In cases established by law, the ability to have individual civil rights and duties may be linked with the achievement of a physical person of the appropriate age.
4. The physical labour of a physical person is stopped at the time of her death.
Article 26. Civilian capacity of a physical person
1. All physical persons are equal in the ability to have civil rights and duties.
2. The physical person has all personal inmate rights set forth. Constitution of Ukraine and this Code.
3. A physical entity is able to have all property rights established by this Code, by the other law.
4. A physical entity is able to have other civil rights not established by the Constitution of Ukraine, by this Code, by other law, if they do not contradict the law and moral institutions of society.
5. A physical entity is able to have responsibilities as a participant of civil relations.
Article 27. Preventing the limited capacity of a physical person to have civil rights and duties
1. The law restricting the possibility of a physical person to a mother is not forbidden by law civil rights and duties, is to be indifferent.
2. The legal act of the President of Ukraine, the authority of state power, the authority of the Autonomous Republic of Crimea, the body of local self-government, their officials and officials cannot limit the possibility of a physical person to have illegal civil rights law. and duties other than cases where such restrictions are provided by the Constitution of Ukraine.
Article 28. Physical Person Name
1. A physical person takes rights and responsibilities and commits them under his own name.
The name of a physical person, who is a citizen of Ukraine, consists of a surname, his own name and father, if another does not follow the law or the custom of the national minority to which it belongs.
2. When individual civil rights are implemented, a person may use a pseudonym (a fictional name) or act without a name.
3. The name of the physical person is granted in accordance with the law.
Article 29. Residence of the physical person
1. The physical identity of the physical person is the housing in which it resides permanently or temporarily.
{Part of the first Article 29 in the edition of the Law No. 1673-VII of 02.09.2014 }
2. A fizic person who has reached fourteen years is freely electing a place of residence, except for the restrictions that are set up Law .
3. The residence of a physical person aged ten to fourteen is the residence of her parents (adopters) or one of them, with whom she resides, the guardian or location of the institution or institution of health, etc. She lives if the other place is not established by the agreement between the child and the parents (adopters, guardian) or organization that performs the function of the guardian.
In the event of a dispute, the place of residence of a physical person between the ages of ten and fourteen is determined by the organ of the care and the care or the court.
4. The physical location of a physical person who has not reached ten years is the residence of her parents (adopters) or one of them, with whom she resides, the guardian or location of the educational institution or the institution of health in which she resides.
5. The home of the incapacitated person is the place of residence of her guardian or whereabouts of an organization that performs the function of the guardian.
6. A physical entity may have several habitats.
Article 30. Civilian capacity of a physical person
1. The Civil Diability has a physical personality that is aware of the meaning of their actions and can manage them.
The civil diability of physical personality is its ability for its actions to acquire civil rights and self-exercise, as well as the ability for their actions to create civil duties, self-execute them, and to be responsible. No, no, no.
2. The extent of the civilian capacity of the physical person is set by this Code and can be restricted solely in cases and in the order established by the law.
Article 31. Partial civilian capacity of a physical person who has not reached fourteen years
1. The fizic person who has not reached fourteen years (a minor person) has the right to:
(1) self-commit to small household law.
Legal law is considered to be small, if it satisfies the person's household needs, corresponding to its physical, spiritual or social development, and refers to the subject which has a low cost;
(2) To exercise personal non-mayors on the results of intellectual, creative activities protected by the law.
2. The person is not responsible for the damage done to her.
Article 32. Incomplete civilian diet of physical person aged from fourteen to eighteen years
1. In addition to the offences prescribed by Article 31 of this Code, a physical person aged between fourteen and eighteen years (a minor person) has the right to:
1) self-dispose of its earnings, fellowship or other income;
2) to self-exercise the rights to the results of intellectual, creative activities protected by law;
(3) to be a participant (s) of legal entities unless it is prohibited by law or the constituent documents of a legal person;
(4) to teach themselves to a bank deposit agreement (account) and dispose of the contribution made by it to its name (cash cosions on account).
2. A non-adulthood is committed to other offences under the consent of parents (adopters) or trustees.
In the study of an underage, the legal entity on vehicles or fixed property must be written notarially, the consent of the parents (adopters) or the trustee and the permission of the body of custody and care.
3. An incompleteness person may be able to provide cash with the money made in full or partly by other persons in the financial institution of her name, by the consent of the body of custody and the care and of the parents (adopters) or the trustee.
{Part of Third Article 32 in the Drafting of the Law No. 3201-IV of 15.12.2005 }
4. The consent of a juvenile offence must be obtained from parents (adopters) or the trustee and the organ of custody and care in accordance with the law.
{Part of Article 32 in the Drafting of the Law No. 3201-IV of 15.12.2005 ; with changes made under the Act No. 3234-VI of 19.04.2011 }
5. In the presence of sufficient detention, a statement issued by the parents (adopters), the trustee, the body of custody and care can limit the right of an underage person to self-authorize their wages, fellowships or other incomes or to rid it of it. Right.
The Court will repeal its decision on the restriction or imprisonment of this right, if the circumstances were repulsed, which were the basis for its adoption.
6. Method of limiting the civilian capacity of a minor person is set to Civil Procedure Code of Ukraine .
{Article 32 with changes under the Act No. 2620-IV of 02.06.2005 }
Article 33. Civilian responsibility of a minor
1. A non-adulthood is personally responsible for the violation of the treaty made by it in accordance with the law.
2. A non-adulthood is personally responsible for the violation of the contract made by the consent of the parents (adopters), the trustee. If a minor has not enough property to reimburse damages, the additional responsibility is carried by her parents (adopters) or the trustee.
3. An incompleteness person is responsible for the damage inflicted by her other person, according to Article 1179 That's the Code.
Article 34. Total civilian capacity
1. The complete civilian capacity has a physical person who has reached eighteen years of age.
2. In the case of the registration of a marriage of a physical person who has not reached adulthood, she has been given full civil capacity since the registration of marriage.
In the event of a termination of marriage to the physical age of adulthood, the complete civilian capacity is preserved.
In the case of recognition of the marriage invalid of the grounds unrelated to the contrasting behaviour of a minor person, the nabus is full of civilian capacity.
Article 35. Providing full civilian capacity
1. A common civil diet can be given to a physical person who has reached sixteen years of age and works for a labor contract, as well as a minor person who is recorded by a mother or father of a child.
2. The representation of full civil capacity is to be issued by the decision of the organ of custody and care for a statement of an informed person by the consent of the parents (adopters) or the trustee, and in the absence of such consent the full civilian diet can be made to be given by the decision of the court.
3. A higher civilian diet can be given to a physical person who has reached sixteen years of age and who wishes to engage in business activities.
In the presence of written consent to these parents (adopters), the trustee, or the body of care and care, such a person can be registered as an entrepreneur. In this case, the physical entity acquires a complete civil capacity since the public registration of it as an entrepreneur.
4. A higher civilian diet, provided by a physical person, is extended to all civil rights and duties.
5. In the case of a termination of the employment contract, the cessation of the physical entity of the entrepreneurial activity granted her full civilian capacity is kept.
Article 36. Limiting the civilian capacity of a physical person
1. The Court may limit the civilian capacity of a physical person if it suffers from a mental disorder that is substantially affected by its ability to realize the meaning of their actions and (or) to manage them.
2. The Court may limit the civilian diet of a physical person if it abuses alcoholic beverages, drug use, toxic substances, gambling, etc., and thus puts himself or his family, as well as other persons she is obliged by law. Hold on, it's in a twisting material.
{Part of the second article 36 of the changes made under the Act No. 4416-VI of 21.02.2012 }
3. The order of limitation of the civilian capacity of a physical person is established Civil Procedure Code of Ukraine .
4. The Civil Diability of the Physical Person is limited since the legal decision of the court decision.
Article 37. Legal consequences of limiting the civilian capacity of a physical person
1. Above the physical person, the civilian diet is limited, taking care.
2. A physical, civil-capacity limited, can only be taught by small domestic rights.
3. The laws concerning the orders of the Mayan and other legal cases outside the small household are committed by a person whose civilian capacity is limited, with the consent of the trustee.
The refusal of the trustee to give consent to the act of jurisprudence, which transcend the small household, may be appealed to the person whose civilian capacity is limited, to the body of custody and the care or court.
4. Holding, retirement, fellowships, other income and other income, the civil capacity of which is limited, and the trustee shall be carried out by the trustee. A trustee may allow a person to allow a person whose civic capacity is limited, self-earned, retirement, fellowship, and other income.
5. A person whose civilian diet is limited, responsible for the consent of the contract, which is made by the consent of the trustee, and to the detriment of the other person.
Article 38. Renewing the civilian capacity of a physical person, the civilian capacity of which was limited
1. In the case of a physical person's recovery, the civilian diet is limited, or such an improvement in its mental state, which has regained its full ability to realize the meaning of their actions and (or) to manage them, the court reopens its civilian Capacity.
2. In case of a termination of the physical person with alcohol abuse, narcotics, toxic substances, gambling, etc., the court resumes its civilian capacity.
{Part of the second article 38 of the changes made under the Act No. 4416-VI of 21.02.2012 }
3. The lack of control over a physical entity has been stopped on the basis of a court decision on the renewal of a civilian capacity.
4. The restoration of the civilian capacity of the physical person, whose civilian capacity was limited, is set by the Civil Procedure Code of Ukraine.
Article 39. Recognition of a physical person incapacitated
1. A physical person may be recognized by a court incapacitated if she is due to a chronic, persistent mental disorder incapable of realizing the meaning of their actions and (or) to manage them.
2. The order of recognition of the physical person is incapacitated Civil Procedure Code of Ukraine .
3. If the court refuses to satisfy the statement of recognition of the person incapacitated and it is determined that the requirement has been declared unscrupulous without sufficient reason for this reason, the physical person that such actions have been caused by moral harm has the right to claim The applicant is reimbursed.
Article 40. The moment of recognition of the physical person is incapacitated
1. A physical person is recognized as being incapacitated by the decision of the court by the decision of the court.
2. If the occurrence of Sunday ' s emergence depends on the recognition of invalid marriage, contract or other law, a court subject to the conclusion of forensic-psychiatric examination and other evidence about a mental state of the person may determine in its decision day, with I don't know what she's determined to be.
Article 41. The legal consequences of the recognition of a physical person is incapacitated
1. On the incapacitated physical person, burns are established over the incapacitated physical person.
2. An unbalanced physical person has no right to commit any wrongdoing.
3. Justice on behalf of the incapacitated physical person and in her interests are committed to her guardian.
4. Responsibility for the damage caused by the incapacitated physical person, carries her guardian ( Article 1184 (...) (...)
Article 42. Renewing the civilian capacity of a physical person who was deemed incapacitated
1. In a statement to the guardian or body of custody and the care of the court, the court resets the physical capacity of a physical person who has been deemed incapacitated, and stops the custody if it is established, as a result of the suspension or significant improvement of her mental state. The ability to understand the meaning of their actions and to manage them.
2. Order of the restoration of the civilian capacity of a physical person, which was deemed incapacitated, is established by the Civil Procedure Code of Ukraine.
{Paragraph 42 of the changes made under the Act No. 2798-IV of 06.09.2005 }
Article 43. Recognition of a physical person is irresponsible
1. A physical person may be convicted by a court without an absence if within one year of her permanent residence there is no information about the place of her stay.
2. In the case of failure to establish a day of receiving the latest information about the location of the person's whereabouts, the beginning of her unreleased absence is the first number of the month in which the information has been received, and in the case of the failure to establish this month is the first January of the following year.
3. The order of recognition of the physical person is not fully available to the Civil Procedure Code of Ukraine.
Article 44. Custody of a physical person who is considered to be without a lack of absence, as well as a physical person whose whereabouts are unknown
1. On the basis of the court's decision on the recognition of the physical person, the notary's missing notary is absent from the last place of her residence, describing her property and establishing custody of him.
2. According to a statement of the concerned person or body of custody and care of a physical person whose whereabouts are unknown, the custody may be established by a notary until the decision of the decision to recognize it is irredly absent.
3. A physical person who is unknown to the physical person who is unknown is accepting the execution of the civil duties in her favor, paying off her property of debt, manages this property in her interest.
4. According to a statement of an interest in the authorized person, a person who is deemed to be without a missing person, or a person who is not known to be absent, provides for the property to hold on to the person who is legally required to hold.
5. The Eye of the mine ceased in the case of the abolition of the court's decision to recognize the physical person without ever, and in the case of a physical person, whose whereabouts were unknown.
Article 45. The abolition of the court decision on the recognition of the physical person is ironably absent
1. If a physical person who was deemed to be absent is absent, appeared or if received information about the place of her stay, the court at the place of her stay or court ruling that the decision on the recognition of this person is ironably absent, according to the statement of that person, or The other person who has the right to do is cancel the decision on the recognition of a physical person without a lack of knowledge.
Article 46. Physical-person declaration of the deceased
1. A physical person may be declared a court to the deceased if her permanent residence is not known for her whereabouts for three years, and if she disappeared under circumstances threatening her or given a reason to assume her. The death of a certain accident is for six months, and for the possibility of being considered a physical person to be killed by accident or other circumstances in an emergency of the technogenic and natural character, for one month after the completion of a special commission formed in an emergency The situations of the technogenic and natural nature.
