Principles of civil law
Principles of civil law are the most general guidelines (principles) of civil law that have obligatory nature by virtue of their legal assignment. The meaning of civil law principles lies in the fact that they:
1) reflect essence of social orientation and major branch features of civil regulation, i.e. each further norm in its content must be penetrated by the principle of civil law;
2) are taken into account when concluding non-nominate contracts (Article 6 (1) of the Civil Code of Ukraine);
3) are taken into account when applying the analogy of law (Article 8 (2) of the Civil Code of Ukraine);
4) are taken into account when protecting the legally protected interest (Article 15 (2) of the Civil Code of Ukraine).
The following civil law principles are set out in the Article 3 of the Civil Code of Ukraine:
1) inadmissibility of arbitrary interference in the sphere of private life of a person, i.e. no one has the right to interfere into personal and family life of an individual without his consent, unless explicitly stipulated by the Constitution of Ukraine. This principle stipulates conditions for protection of privacy of an individual from undue external interference to ensure his internal (spiritual) interests;
2) unacceptable deprivation of property rights, except as prescribed by the Constitution of Ukraine and the law, meaning that property right is inviolable in Ukraine. This principle provides a person with guarantee of economic independence and property separation from other participants of civil relations. However, in some cases directly prescribed by law, this principle may be subject to certain restrictions, when it is directly derived from the Constitution of Ukraine, such as depriving a person of property due to confiscation or forced alienation of private property for reasons of social necessity (Article 41 of the Constitution of Ukraine);
3) freedom of contract, this principle means that members of civil relations are free in possibility of entry into contractual relations and choice of the kind of contracts (both nominate and non-nominate), contractors and contractual terms, etc. In some cases, prescribed by law, this principle is subject to appropriate limitation, such as conclusion of preliminary or public contracts, etc. This principle provides a person with possibility to initiatively enter into contractual relations at his own discretion, based on his own interests;
4) freedom of entrepreneurial activity that is not prohibited by law means that individuals are free to choose business. However, in some cases directly provided for by law, a person may be limited in his freedom of business, for example, under subject’s content (deputies, officers and employees of state and local governments) or nature of business (establishment of monopoly), etc.;
5) judicial protection of civil rights and interests, i.e. in case of violation of civil rights or interests, as well as in the case of creating obstacles as to their implementation, a person has the guaranteed opportunity to defend them in court. This person has the right to defend civil rights and interests both in courts of general jurisdiction and in specialized courts and arbitrations.
6) fairness, good conscience and reasonableness, this principle means that regulation and protection of civil relations should take place fairly, honestly and wisely.