Ukrainian legislation is moving towards new standards. The Council of Europe has given a preliminary assessment of the draft new Civil Code of Ukraine, noting its progressive nature but pointing out the need to refine a number of key provisions. This became known from a publication by the head of the Verkhovna Rada, Ruslan Stefanchuk.
Recognition by European Partners
European experts highly appreciated Ukraine's efforts to modernize civil law. In particular, the Council of Europe noted the comprehensive approach to regulating digital rights. This became one of the main advantages of the project: legislators clearly distinguished between the right of reply and the right of correction, which is an important step for harmonization with European norms.
Parliamentarians believe that such changes adequately reflect the modern challenges of the digital age. Updating the code is not just a bureaucratic procedure, but an attempt to bring Ukrainian legislation closer to the continent's leading standards.
Protection of Journalists and Public Interest
Despite the generally positive assessment, Council of Europe experts raised a number of critical remarks. The main focus of the recommendations is on protecting freedom of speech and access to information. It is proposed to strengthen guarantees for journalistic investigations, OSINT analysis, and anti-corruption control.
The goal of these changes is to prevent a situation where norms on the protection of personal data are used as a tool to block activities of public interest. Experts emphasize: access to information of public interest should not be restricted.
Combating SLAPP Suits
Special attention in the conclusion is paid to mechanisms for combating SLAPP suits. These are strategic lawsuits against public participation, which are often used to pressure journalists, activists, and public figures. The introduction of effective barriers against such lawsuits will be an important indicator of the maturity of the legal system.
In addition, experts recommended taking into account the practice of the European Court of Human Rights regarding broader limits of permissible criticism of public figures. It is also necessary to strictly observe the principle of proportionality when protecting violated rights to avoid excessive restrictions.
The Path to Adoption
Ruslan Stefanchuk reported that the working group has already begun analyzing proposals from the media community, independent experts, and international partners. In the near future, broad consultations are planned with all parties that will be affected by the provisions of the new code.
The main task of the reform is to create a modern Civil Code that will meet European standards, ensure the protection of human rights, and maintain appropriate guarantees of freedom. The new version of the document may come into force as early as next year. The first step towards this was taken at the end of April, when the Verkhovna Rada supported in the first reading draft law No. 15150, providing for a comprehensive update of civil legislation.