Article title The Development of the Doctrine of Civil Law of Ukraine During the Soviet Period
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 6/2014
Сторінки [28-37]

The article discusses the development of the doctrine of the civil law of Ukraine during the Soviet period (from 1917 — the end of the 80-ies of the XX century). Investigated are the basic concepts of this period: the exchange theory (after 1917 — early 20-ies of the XX century), two-sector theory of law (20-ies years of XX century), a single economic rights (first half of 30-ies of the XX century), a new commercial law (the second half of the 50-ies — the end of the 80-ies of the XX century), each reflecting the socialist ideology of the state in a specific historical period and dynamics of influence of socialist ideas on understanding civil law relations at the appropriate stage of Soviet law.

In the period after 1917 and to the beginning of the 1920-ies (to NEP) the exchange theory settles in the civil law, according to which civil law was seen as a form of mediation in particular proprietary, trade relations, which in the face of increasing tendencies to deny the whole of bourgeois society in the socialist period that led to the substitution of some cases of the name «civil law» with the term «commercial law», which in these period in its essence no different from civil law. In conditions of multiculturalism national economy in this period become widespread theory of the two-sector law, according to which the presence of the private sector in the economy determines the existence of civil law, and the presence of the socialist sector — commercial law that should regulate relations within the civil sector of the economy, lost commodity character and therefore should be regulated in the manner planned and subordination.

Starting in the Soviet Union to overcome the multiculturalism policy in the economy through the expansion of the socialist sector and crowding out caused the formation of legal science modified theory of economic law, dubbed uniform commercial law designed to regulate all economic relations, regardless of sector.

In the second half of the 50-ies of XX century revived is the idea of economic law and justified is the existence of the idea of civil law along with other independent industry – commercial law, in accordance with which the property relations of the citizens should be governed by the civil law, and relations between socialist organizations arising in connection with realization and organization their economic activities — economic law.

Keywords civil law in the Soviet period, exchange theory, theory of the two-sector law, commercial law theory, theory of the new commercial law.