The Notary Chamber criticized the new legal language of the draft Civil Code

The NPU stated problems with the translation and perception of new terminology

The Notary Chamber of Ukraine expressed its comments on the draft of the new Civil Code of Ukraine No. 15150, which is proposed as the “Code of Private Law”. In its legal analysis, the NPU stated that some of the new legal terminology may create problems both for law enforcement in Ukraine and for the translation of the document into other languages.

The corresponding conclusions are contained in the analysis of Books 1 and 2 of the draft.

The NPU stated the complexity of translating new terms
Some formulations will require additional context

The legal analysis directly states that certain terms of the draft may be incomprehensible without a special context.

“Certain terms used in the draft are unknown or can be translated at all without taking into account the necessary context,” the NPU’s conclusions state.

According to the Notary Chamber, the new conceptual apparatus may:

complicate the translation of the code into other languages;
create difficulties for the international perception of the document;
affect the correct understanding of the norms of law.
What terms are proposed to be changed in the new Civil Code
Some of the usual legal constructions are to be replaced

The NPU gave examples of the new terminology proposed in the draft Civil Code:

“human rights” → “human rights”;
“restrictions of rights” → “restrictions of rights”;
“legal consequences” → “legal consequences”;
“in the absence” → “due to lack”;
“place of residence of an individual or location of a legal entity” → “settlement”.

It is these formulations that the Chamber calls debatable and that may create difficulties in the practical application of legislation.

NPU: New wording complicates perception of norms
The document talks about risks for law enforcement

The conclusions note that a significant number of new terms:

complicates the initial perception of norms;
complicates the comparison of the draft with current laws;
may create difficulties for judicial and notarial practice.

The Notarial Chamber emphasizes: changing established legal structures can have consequences not only for legal theory, but also for the everyday application of norms.

Inconsistency of terminology was seen in the draft
Some concepts are used differently in different books

Separately, the NPU drew attention to the fact that some terms are not used in the same way in different parts of the draft.

Because of this, the Chamber called on the authors of the document to ensure “harmonized and uniform terminology throughout the codified act”.

Even paraphrased norms can change the legal content
The NPU warns of possible legal consequences

The legal analysis also emphasizes that even those provisions that are actually transferred from the current Civil Code are often stated in different words in the new draft.

According to the Notarial Chamber, such a change in the conceptual apparatus and legal constructions can affect the interpretation of norms and lead to new legal disputes.

In fact, the NPU warns that a large-scale update of legal language without a clear unification of terms can complicate the work of lawyers, courts, notaries and international partners of Ukraine.