V. M. Koretsky Institute of state and law NASU

Scientific departments and sectors

Main areas of scientific activity

The topics of scientific research of the Department of Civil and Legal Sciences are always chosen taking into account the most urgent and relevant needs of the state and society. In the conditions of the state-proclaimed European integration course, during 2013–2017, the department's employees worked on two NDRs "Reform of labor and pension legislation in the conditions of European integration of Ukraine" and "Harmonization of civil legislation of Ukraine with the legislation of the European Union".
Within the framework of the first, the peculiarities and problematic aspects of the process of adapting the legislation of Ukraine in the field of labor and social security to the legislation of the European Union were fully and comprehensively investigated. Within the scope of the second theme, the research was carried out on the implementation of the principles of European contract law in Ukrainian civil legislation, the unification of real property rights under the legislation of Ukraine and the EU countries, and their comparative analysis was carried out; a comparative analysis of the institution of inheritance law in the legislation of Ukraine and EU countries was carried out; special attention is paid to the legal regulation of financial services, in particular, consumer lending in the context of the adaptation of Ukrainian legislation to EU legislation.
Based on the results of both studies, substantiated scientific conclusions and developed proposals for the improvement of certain provisions of the civil, civil procedural, labor and pension legislation of Ukraine. The results of this work were reflected in the published collective monographs "Legal problems of labor and pension legislation of Ukraine in the context of European integration". Khutoryan N. M., Simutina Y. V., Shumylo M. M., Pravo publishing house. 2018, 256 p. and "Harmonization of civil and civil procedural legislation of Ukraine with the legislation of the European Union". M.V. Venetska, I.F. Sevryukova, A.Yu. Babaskin, et al. K.: Institute of State and Law named after V.M. Koretsky National Academy of Sciences of Ukraine. 2018. 298 p., as well as in a number of scientific notes that were sent to the Main Legal Department of the VRU, the Ministry of Social Policy of Ukraine and the Pension Fund of Ukraine.
During 2016–2017, the department also worked on a joint Ukrainian-Belarusian GDR on the topic: "Legal regulation of pension provision in Ukraine and the Republic of Belarus: formation, current state, prospects for development and cooperation" (No. F73/28-2017). In particular, the theoretical problems of the content of pension provision and the need to change the form of pension legislation with its further codification were investigated; the application of the intergovernmental agreement between Ukraine and Belarus in the field of pension provision has been studied, problems have been identified and suggestions for overcoming them have been developed. The result of this project was the published joint Ukrainian-Belarusian collective monograph "Pension provision in Ukraine and Belarus: the history of formation and development prospects: monograph / edited by Mykhailo Shumyla, Iryna Komotska. Kyiv: Nika Center. 2018. 516 p.
During 2017-2019, the department worked on two NDRs "Legal problems of implementation and improvement of labor legislation of Ukraine" and "Actual problems of civil law regulation of contractual relations in Ukraine".
In the process of research of the NDR "Legal problems of implementation and improvement of the labor legislation of Ukraine" actual issues regarding the scope of the labor law norms of Ukraine in modern conditions were analyzed. The general theoretical aspects of the implementation and operation of labor law norms have been studied. The concepts and principles of law enforcement as a special form of implementation of labor law norms are revealed. Attention is paid to issues of effectiveness and defects in the implementation of labor law norms. On the example of the legal positions of the Supreme Court, problems regarding the jurisdiction of cases arising from disputes arising from labor relations are investigated. Separate decisions of the Supreme Court and their significance for the implementation of labor law norms are analyzed. The issue of social partnership as a mechanism for realizing rights in the field of social insurance is separately considered.
According to the results of the conducted research: proposals for introducing changes and additions to the national labor legislation were formulated; 2 monographs were published: "Implementation of norms of labor law of Ukraine: problems of theory and practice" Ya.V. Simutina, G.A. Trunova, N.M. Khutoryan, M.M. Shumylo and others; under the editorship Ya.V. Simutina K.: Lyudmila Publishing House. 2020. 276 p.; individual monograph of Simutina Ya.V. "Legal facts in the mechanism of legal regulation of labor relations: monograph" / Yana Simutina. Kyiv: Nika Center. 2018. 436 p.
In the process of research of the NDR "Actual problems of civil legal regulation of contractual relations in Ukraine" actual problems of improving the legal regulation of civil contractual relations and civil procedural relations in Ukraine were investigated. Based on the results of the research, the gaps and inconsistencies in the civil legislation of Ukraine were identified, the doctrinal provisions of the conceptual apparatus of civil law were analyzed, ways of increasing the effectiveness of the law in this area were proposed, and the formulation of scientific proposals and provisions on improving the legal regulation of civil contractual relations in the aspect of increasing the guarantees of compliance with the law and interests of subjects of civil legal relations.
According to the results of the conducted research: proposals for introducing changes and additions to civil and civil procedural legislation were formulated; 2 monographs were published: collective monograph "Actual problems of civil law regulation of contractual relations in Ukraine": monograph/Coll. authors K.: Interservice. 2020, individual monographs of Babaskin A.Yu. "Credit relations in the civil law of Ukraine": monograph/Babaskin A.Yu. K.: Talc. 2018. 570 p. etc.

During 2020–2022, the department worked on two NDRs: "Legal enforcement of social and labor rights in the conditions of the development of the information society" and "Ensuring the fulfillment of obligations in the civil law of Ukraine: problems of theory and practice."
In the process of research of the NDR "Legal enforcement of social and labor rights in the conditions of the development of the information society", the problems of ensuring labor and social rights in the conditions of the development of the information society and the digital economy were comprehensively considered. Accordingly, the possible fields of application of the research results are research work, educational process, state policy of social development, state policy in the sphere of labor, population employment, labor relations, social dialogue, in the social sphere, mandatory state social and pension insurance, social protection of the population.
According to the results of the conducted research: proposals for making changes and additions to certain provisions of the legislation of Ukraine were formulated; collective monograph "Social and labor rights and challenges of digitalization" was published: monograph / col. author; under the editorship I. IN. Simutina, M. M. Shumila Kyiv: Nika Center. 2023. 348 p. etc.
According to the results of the NDR study "Ensuring the fulfillment of obligations in the civil law of Ukraine: problems of theory and practice", gaps and inconsistencies in the civil legislation of Ukraine were identified, an analysis of the doctrinal provisions of the conceptual apparatus of civil law in the field of legal regulation of security relations was carried out, and ways of improving the effectiveness of the norms were proposed rights in this field and formulated scientific proposals and provisions on improving the legal regulation of legal relations in the field of ensuring the fulfillment of obligations.
According to the results of the conducted research: proposals for making changes and additions to certain provisions of the legislation of Ukraine were formulated; published a collective monograph: "Ensuring the fulfillment of obligations in the civil law of Ukraine: problems of theory and practice: monograph/col. authors; edited by D.J.Sc. A. Yu. Babaskina, Prof. Yu.L. Boshytskyi Vinnytsia "CREATIONS" LLC. 2023. 528 p. etc.
At this time, the research on the GDR "Problems of legal regulation of civil relations in the conditions of the post-war recovery of the economy of Ukraine" (2023–2025) is ongoing. The purpose of the study is to analyze the current civil law of Ukraine and to find new ways to improve the effectiveness of legal norms and to formulate scientific proposals and provisions for improving the legal regulation of civil relations, which are the subject of scientific research, with the aim of increasing guarantees of compliance with the rights and interests of subjects of civil-law relations and civil-procedural relations in the conditions of the post-war economic recovery of Ukraine.
The promising scientific directions of the department's work are determined by the Development Strategy of the Institute of State and Law named after V.M. Koretsky National Academy of Sciences of Ukraine for the years 2017–2026, and due to the complex circumstances of the armed aggression of the Russian Federation and wartime, modern challenges of social development associated with the processes of Ukraine's integration into the European space and tasks of harmonizing the legal regulation of civil, civil procedural, family and labor relations with legislation of the European Union in the modern period of dynamic reforming of institutional and socio-economic relations in the state.
The priority areas of scientific research of the department in the next five years are the implementation of fundamental and applied scientific research on the following problems:
 – theoretical problems of ownership and property rights;
– theoretical problems of binding relations in the civil law of Ukraine, problems of improving the legal regulation of contractual relations and security obligations;
– theoretical and practical problems of intellectual property law;
– theoretical and practical problems of legal regulation of family relations;
– theoretical and practical problems of civil procedural relations;
– theoretical and practical problems of legal regulation of labor relations, and legal relations arising in the field of social security, etc.