Ukraine’s new Civil Code draft has ignited discussions on how it aligns, or fails to align, with modern society’s legal needs and European standards. According to Serhii Starenkyi, Deputy Head of the Human Rights Committee of the National Bar Association of Ukraine, the code incorporates numerous modern elements like digital communication and reproductive technologies. However, it is not a direct mirror of European family law practices, which vary significantly across countries. This underscores the complexity and specificity of Ukraine’s legal evolution amidst global legal trends.

The draft has faced criticism for certain controversial clauses that many believe are potentially discriminatory. For example, there’s a proposal that may obligate one spouse to relinquish their surname post-divorce due to “unworthy behavior.” Critics argue that such provisions could discriminate against women, infringing upon their rights to maintain their identity. These controversial clauses are expected to undergo intense scrutiny during public and parliamentary debates.

Serhii Starenkyi highlighted the introduction of modern concepts such as “digital silence,” meant to establish boundaries around work-life balance by allowing individuals the right not to receive work communications during non-work hours. However, the expert cautions that unclear terminology like “dobrozvychainist” or “unworthy behavior” presents challenges, as these terms could foster a legal environment prone to subjective interpretation and misuse.

Despite being passed in the first reading by 254 MPs in the Verkhovna Rada, the draft continues to face opposition from human rights organizations and legal experts. Critics claim it contains barriers for the LGBT+ community and perpetuates outdated reconciliation requirements in family situations. Hence, the draft’s future iterations must strive to incorporate clearer language and provisions that champion comprehensive human rights observance.

Fuente: Ukrinform