Legality of transactions in civil law

The article examines the legality of transactions in the civil law of Ukraine, their historical development from Roman law to the present day, and the influence of Roman law constructions on the formation of the modern institution of transactions. Particular attention is paid to the analysis of the correlation of the concepts of «legality» and «legality» in the context of transactions, where legality is considered a broader concept, including compliance not only with the norms of positive law but also with other sources of civil law, its principles, and customs. The issue of public order as a criterion for the validity of transactions is analyzed in detail. The content of the concept of «public order» in the context of Article 228 of the Civil Code of Ukraine and its correlation with the private law nature of the transaction are investigated. The need for a broader interpretation of the concept of «public order» as an evaluation criterion enshrined in public law regulatory acts of the state is substantiated. It is proposed to consider as violating public order, transactions aimed at violating public legal regulations that determine the foundations of state order, political system, and economic security of the state. The article considers current problems of judicial practice regarding the recognition of transactions as invalid on the grounds of violating public order, in particular in cases of claims by tax authorities. The position is substantiated, according to which the definition of a transaction as violating public order should be preceded by the establishment of the parties’ intention in criminal or administrative proceedings. It is proposed to improve the mechanism for applying Article 228 of the Civil Code of Ukraine by establishing clear criteria for defining a transaction as violating public order and the need for prior establishment of the relevant offense in criminal or administrative proceedings. The study is based on a comprehensive analysis of both historical sources of Roman law and modern civil legislation of Ukraine, judicial practice and scientific works of leading civilists. The results of the study have both theoretical significance for the development of the science of civil law and practical significance for improving law enforcement practice in the field of invalidating transactions.