CONTRACTUAL FORMS OF ORGANIZATION AND IMPLEMENTATION OF ECONOMIC TRADE ACTIVITIES

Abstract

The article analyzes the most сhallenging issues on contractual regulation of of economic trade activities in current business circumstances and proposes the ways for their overcoming. The challenges for developing legal regulation of economic trade activities include the abolition of the Economic Code of Ukraine, the absence of a special law on trade activities, as well as the deepening of Ukraine’s integration to the European Union, functioning of a Deep and Comprehensive Free Trade Area between Ukraine and the EU, aimed at ensuring free movement of goods and services. It is argued that an economic trade contract should be considered as a generic concept for various contracts that mediate economic trade relations. It is concluded that the system of economic trade contracts include the sale of goods contracts (as a basis for trade turnover and implementation of economic trade activities, e.g. wholesale purchase and sale contract, supply, etc.); intermediary contracts concluded in the interests of a participant in trade turnover (commission contracts, mandate contracts, agency contracts); contracts that facilitate trade (storage contracts, insurance contracts, creation of advertising products contracts); and organizational trade agreements (contracts between governmental bodies, local authorities and economic trade entities). It is specified that the economic trade contract is characterized by a combination of the private interest of economic entities and the public interest in order to ensure public economic order. The abovementioned makes it necessary to establish restrictions on contractual freedom and a number of requirements for the acquisition of legal personality for economic entities, which carry out trade activities on a professional basis, systematically, aimed at obtaining profit and ensuring the movement of property and services in economic turnover.