Hembara O. Legal pricing regulation in the economic activity.

The paper provides a comprehensive description of the legal regulation of pricing in the economic activity. The concept of prices and analysis of the main approaches to the classification of prices, consider their function in a market economy. Particular attention is paid to the role of pricing in the process of management. We characterize the sources of legal regulation of pricing in Ukraine and prospects for their further development. The author shows the characteristics of the price as an essential economic conditions of the contract, as well as carried out a review of relevant legal provisions and their practical application. Particular attention is paid to the issue of the possibility of determining prices in foreign currency terms, which was formed on the contradictory jurisprudence. The paper summarizes the judicial practice on the interpretation by the courts to establish the possibility of free prices, including the legal positions highlighted following: 1) business entities are free to determine the conditions of the contract, including determining the contract price, excluding prices of goods subject to state regulation, by any legal act of Ukraine does not provide for the obligation of the parties agreement to justify its price; 2) the legislator granted the taxpayer the right to conduct business activities at his own risk and an opportunity to assess its effectiveness and feasibility, given the purpose of obtaining economic benefit and growth of assets in the future, therefore, the loss-making operations of the individual can not testify about inappropriate implementation; 3) The business entities have the right to set prices at their own discretion and to define them according to their own economic interests; 4) If the court has not presented evidence of state regulation of prices for a particular product (product, service), the court proceeds from the assumption that the prices of such goods (products, services) are free.