ROMAN LAW AND UKRAINE'S EUROPEAN INTEGRATION COURSE: THE SIGNIFICANCE OF CLASSICAL LEGAL CONSTRUCTIONS

Abstract

The article comprehensively examines the significance of Roman private law for the modernization of Ukrainian civil legislation in the context of European integration and the transition to modern European standards of legal regulation. It is emphasized that the harmonization of Ukrainian private law with European Union law cannot be limited to technical reproduction or formal adaptation of individual norms. It involves a deeper task, namely the harmonization of conceptual principles underlying European codifications, most of which are historically based on the Roman legal tradition. Roman private law provides a fundamental methodological basis for the systematization of civil law institutions, the definition of the logic of its structure, and the formation of stable legal approaches that are understandable and acceptable to the legal systems of EU countries.

The paper shows that the application of Roman legal ideas has a direct impact on determining the relationship between property rights and contractual rights, on the formation of principles of contractual relations, rules for the proper performance of obligations, principles of compensation for damage, and mechanisms for protecting property rights. Particular attention is paid to how these provisions are reflected in the structure and content of the Civil Code of Ukraine, as well as to what gaps and internal contradictions in Ukrainian private law can be resolved through a more holistic use of classical legal constructs.

The channels of direct and indirect influence of Roman legal thought are analyzed, in particular through German, French, Italian, and other European codifications, which serve as a guideline for the modernization of the Civil Code of Ukraine. The work outlines promising areas of development of private law that are actively being formed in EU countries and can be effectively implemented in Ukraine, improving the institutions of contract law, pre-contractual liability, strengthening guarantees of good faith of the parties, and increasing the level of logical consistency and predictability of legal regulation.

Emphasis is placed on the fact that the significance of the Roman legal tradition is primarily practical: it ensures the consistency, stability, and universality of legal decisions, contributes to greater legal certainty, and forms a unified intellectual space for private law thinking. It is shown that reliance on these classical principles allows Ukraine to build a modern model of private law that is consistent with European approaches, which is a necessary condition for the effective implementation of EU standards and the further development of national legislation. In conclusion, it is argued that Roman law should remain a key instrument for the in-depth modernization of Ukraine's civil law system, ensuring its competitiveness and integration into the legal space of the European Union.