Judge Viktor Prorok Raises Red Flags on Draft Civil Code
A three-week-long public discussion has ended for the proposed new Civil Code, a sprawling 803-page document now being reviewed by Ukraine's parliament in its first reading. Supreme Court Judge Viktor Prorok has voiced serious concerns, warning that certain provisions weaken protections for public property compared to current laws, creating substantial risks and unresolved legal questions.
Conflicts and Controversial New Rules
Prorok highlights multiple potential clashes between the Code's ninth book and existing specialized legislation. One major issue is the concept of adverse possession, which he says needs far more scrutiny. The Grand Chamber of the Supreme Court has consistently held that certain lands—such as those in water reserves, coastal protection zones, and nature conservation areas—must remain under state or public ownership. Yet the draft Code opens the door for such assets to be 'removed' from state control, a deeply worrying prospect.
Additionally, the judge warns that updated rules on protecting honor, dignity, and business reputation could trigger legal chaos. He points out that while the draft simplifies the process of suing for large sums in defamation cases, it lacks safeguards against using reputation claims to silence critics.
“If the new draft strengthens the mechanism for refuting information without clearly distinguishing between facts and value judgments, it could pave the way for 'strategic lawsuits against public participation,' known as SLAPP suits,” Prorok stated.
The draft also introduces a 'right to be forgotten,' allowing individuals to request removal of information from search engines or media archives. In the judge's view, while this could protect privacy, it equally risks becoming a tool for politicians and officials to 'cleanse' their records of corruption scandals or past offenses.
In response to these proposed changes, a petition urging the rejection of the updated Civil Code was submitted to the Ukrainian president's website. Within just 24 hours, it gathered over 25,000 signatures—the threshold required for official consideration. This rapid mobilization shows the public's readiness to defend their rights and interests in this critical area.
The debate over the new Civil Code has sparked deep anxiety among human rights advocates and judges, as the proposed changes could fundamentally reshape Ukraine's legal landscape. The situation underscores the need for vigilant public oversight and active civic engagement in legislative processes. The petition's swift success demonstrates that citizens are prepared to hold their lawmakers accountable on this pivotal issue.
As the debate continues, the implications of these proposed changes are becoming clearer. The recent passage of the new Civil Code by Ukraine's parliament in its first reading highlights significant adjustments that could reshape legal landscapes. For a deeper understanding of the key modifications and their potential impact, explore the details in our coverage of the new Civil Code's key changes.