Security interests under english law, Civil code of Ukraine and draft Civil code of Ukraine

Abstract

The law of England and Wales has served as source of inspiration for various legal systems. It has, arguably, affect Ukrainian private law law-making in the past. However, in terms of legal regulation of security interests, it seems that the 2026 draft Civil Code N14394 does not move Ukrainian law towards the English model in any strong institutional sense. Instead, it makes Ukrainian law more internally systematic and more classically civilian. The current Civil Code groups together a mixed list of devices securing performance of obligations, including trust ownership. The draft separates the general law of security interests from a narrower category of proprietary security rights and, within that category, recognises only pledge and retention. English law, by contrast, remains uncodified and device-based, with security interests structured around the mortgage, fixed charge, floating charge, pledge, and lien rather than around a single civil-code taxonomy.