PRINCIPLE OF FREEDOM OF CONTRACT IN THE CIVIL LEGISLATION OF UKRAINE AND ITS BOUNDARIES

This article is aimed at a detailed analysis of the essence of the principle of freedom of contract, as a fundamental principle of civil law. Attention was paid to the process of forming this rule. The Ukrainian legislation on the covered issue is considered. In addition to the law, the positions of scientists on this principle were analyzed and presented. The fact that the legislator did not establish a clear concept of freedom of contract, which led to the writing of a large number of scientific papers in which the authors tried to reveal its essence. Contradictions between scientists on the essence of the mentioned prescription are given. The structural elements of the principle of freedom of contract are also analyzed, because, as time has shown, jurists single out many of its additional components, which are not interpreted by law, but widely reveal the essence and detail the process of its implementation in real life. Attention was drawn to the restrictions on the freedom of contract established by law and examples of such limits were given. It is concluded that the legislation excludes the possibility of legal abuse of rights during negotiations, conclusion of the contract and its implementation by either party. A comparative analysis was conducted between some agreements, which set certain limits and restrictions by law or the agreement itself. Interesting examples from the case law of both domestic and European (European Court of Human Rights) are offered, which clearly show that the Ukrainian judicial system ensures the exercise of free will, the ability to choose without external pressure as an important guarantor of human rights and freedoms, and protects the parties., the right of which was violated by the contractors. Expressed his own opinion on the concept, components of the principle of freedom of contract.