Requisition: modernization of article 353 of The Civil code of Ukraine

In the context of this study, it is established that in the context of Europeanization of Ukrainian law, requisition requires modernization of the substantive and terminological definition, basic principles and mechanism of its application through harmonization between national legal acts with a view to establishing uniform provisions, eliminating conflicts, avoiding legislative contradictions and chaos in practice, and introducing essential norms and structural innovations in accordance with the provisions of international law and European standards and practices acceptable to Ukraine. In connection with the adoption of the Laws of Ukraine "On the Legal Regime of the State of Emergency", "On the Legal Regime of Martial Law", "On the Transfer, Compulsory Alienation or Seizure of Property under the Legal Regime of Martial Law or State of Emergency", and the Civil Protection Code, legal conflicts were identified regarding the substantive and terminological definition of requisition between the provisions of the Constitution of Ukraine, the Civil Code of Ukraine and the above laws.The purpose of the article is to analyze the mechanism of correlation of the regulatory framework on requisition, to establish the substantive and terminological definition of requisition and its compliance with modern needs, given that Article 353 of the Civil Code of Ukraine is reformatted in accordance with the provisions of the main act of Ukraine, special laws of Ukraine and international legal acts and EU standards. It is proved that the current wording of requisition in part one of Article 353 of the Civil Code of Ukraine is characterized to some extent by the "Soviet heritage" with its inherent legal values and scientific doctrine. The article substantiates the expediency of changing the title of Article 353 of the Civil Code and formulating its first part in accordance with the provisions of special laws in accordance with the classical approach to legal practice based on the principle of "lex specialis derogat generali" – "the law which is later prevails over the earlier law", "lex posterior derogat priori" – "the special law prevails over the general law".

administrative and legal principles, state regulation, European law, private law, public law, public-private relations, public actions, expropriation of property, personal property rights, recodification of the Civil Code, requisition