Ukraine’s New Civil Code: A Major Shift in Contract Law
In a landmark first reading, Ukraine’s Verkhovna Rada has approved a new Civil Code that officially acknowledges oral agreements and preliminary negotiations as legally relevant—even before any formal contract is signed. This change has sparked significant concern among legal experts and observers, who warn it opens the door to potential abuse. Under the new rules, any individual can now claim that verbal promises were made, which could complicate legal enforcement and increase disputes.
Courts will only accept oral agreements as valid if accompanied by solid evidence. Acceptable forms of proof include:
- witnesses (preferably multiple with consistent testimonies)
- written correspondence such as SMS, Viber or Telegram messages, and emails
- lawfully recorded phone conversations
- actions that logically follow from the agreement—for example, if a person started construction or invested money immediately after a discussion
The court is required to evaluate all circumstances collectively, but the burden of proof rests entirely on the plaintiff.
Expert Reactions and Warnings
Iryna Polyakova, a specialist in the field, commented on the YouTube channel 'Na Pensiyi':
'Acknowledging does not mean automatically believing.' — Iryna Polyakova
She emphasized that 'the risk of abuse is real. That is precisely why this provision has drawn so many justified objections.' Currently, the new Civil Code has only passed its first reading and is still being prepared for a second review.
These changes could significantly reshape legal practice in Ukraine. Experts urge caution when making verbal agreements and recommend recording any discussions involving money or property to avoid future disputes. The new approach may also lead to a surge in court cases centered on proving oral contracts, further straining the legal system. Both businesses and individuals should be careful in their communications to avoid becoming victims of misunderstandings or exploitation.
As the debate continues around the implications of the new Civil Code, it is important to note that over 15,000 amendments have been filed, highlighting the complexity and potential challenges of these legal reforms. For a deeper understanding of the proposed changes and their potential impact on contract law in Ukraine, visit the extensive list of amendments.