ПРИРОДА ПЕРЕДДОГОВІРНОЇ ВІДПОВІДАЛЬНОСТІ (ДОСВІД КРАЇН ЄС)

In 2020, Ukraine began the process of recodification (updating) of civil legislation, driven by a number of economic, political, and legal factors and preconditions. This involves a fundamental and systematic update of all books of the Civil Code of Ukraine of 2003 (hereinafter referred to as the CC of Ukraine), taking into account legislative experience in this area (mainly from Germany and France), as well as other EU countries. The authors of the Concept for Updating the CC of Ukraine argue that the need for recodification stems from the logic of further systemic transformation of society, including the formation of a real and effective market economy as an integral part of civil society and the European integration orientation of all components of society [3]. The term “recodification” is used by representatives of the Working Group to mean systemic, substantive, and structural innovations to the current code (or group of codes and laws), without creating a new one [1, p. 28]. According to R. O. Stefanchuk, a major task for the government and parliament is to focus their efforts on improving the quality of legal acts so that courts have effective legal norms in their future work, as well as getting rid of “regulatory garbage,” since there are currently more than 1 million legal acts in force, which are often contradictory. Therefore, the main goal of the Working Group is to bring institutions up to European standards [6]. In this regard, attention should be paid to a legal institution that is new to Ukrainian legislation -pre-contractual liability.