CONTRACT IN ECONOMIC AND TRADE ACTIVITY UNDER THE CONDITIONS OF THE LEGAL REGIME OF THE MARTIAL STATE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 69)Publication Date: 2023-11-30
Authors : Tyshchenko Yuliia; Bukatova Diana;
Page : 83-88
Keywords : business entity; contract; economic and trade activity; economic activity; self-regulation; sanctions; goods and services; public order; legal regime of martial law; force majeure;
Abstract
The article highlights the issues of determining the specifics of concluding, executing, changing and terminating contracts in economic and trade activities under the conditions of the legal regime of martial law. It is noted that the challenges faced by business entities require proper legal regulation in the form of legislative support, which indicates the expediency of conducting analytical studies of the state of legal regulation. It was concluded that business entities in economic and trade activities should conduct a prudent policy regarding the origin of goods and services, cooperation with suppliers and performers of works and services. The strengthening of the sanctions policy of Ukraine and EU member states directly affects the implementation of treaties and their termination. In this direction, the understanding of the content of public order is expanding. Martial law as a force majeure circumstance is a legal ground for non-performance of a contract and exemption from commercial liability. However, in 2023, it will no longer be a force majeure circumstance, as it is a long-term event that can be foreseen. A contract in business and trade acts as a self-regulating means of regulating relations. Numerous elements of a contract facilitate such a reconciliation of the wills of the counterparties that will allow them to achieve the most optimal agreement of their interests. Self-regulation can be used to regulate economic and trade relations when the state does not have time to provide them with legislation. In the conditions of war, changing the terms of the contract in economic and trade activities and in case of impossibility to «renegotiate» its termination are urgent problems. Moreover, changes to the terms of the contract may concern any elements: starting from the price, terms, terms of delivery, if it is a contract for the sale of goods, and ending with sanctions and methods of dispute settlement.
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