LEGALITY AS THE BASIS FOR THE VALIDITY OF TRANSACTIONS IN CIVIL LAW

Abstract

Annotation. The article highlights a comprehensive study of the institution of legal acts in the civil law of Ukraine, tracing their evolution from Roman law to modern legal structures. The central place in the study is occupied by the conceptual distinction between the categories of “legality” and “legality” in the context of legal acts, where legality appears as a complex characteristic that encompasses not only compliance with positive law, but also consistency with the principles of civil law and legal customs. A key aspect of the study is the analysis of public order as a fundamental criterion for the validity of legal acts in accordance with Article 228 of the Civil Code of Ukraine. The author offers an expanded interpretation of the concept of public order, including violations of regulatory acts relating to the state structure, political system and economic security of the state. The practical component of the study focuses on judicial practice regarding challenging the validity of legal acts due to violations of public order, especially in cases involving tax authorities. The necessity of preliminary establishment of the intention of the parties in criminal or administrative proceedings before recognizing a transaction as violating public order is substantiated. Specific mechanisms for improving the application of Article 228 of the Civil Code of Ukraine are proposed through the introduction of clear criteria for assessing violations of public order. The methodological basis of the study is a synthesis of historical-legal and dogmatic analysis, which includes the study of the sources of Roman law, modern legislation of Ukraine, judicial practice and doctrinal provisions of civil law. The results obtained have both theoretical value for the development of civil science and practical significance for optimizing law enforcement in the field of invalidity of transactions.