The dissertation is devoted to the research of theoretical questions of the procedure of distributing activity, its types, subjects, conditions of the distributor contract. In this work the main conceptual apparatus of distribution activity is described and appropriate definitions are proposed. Particular attention is paid to the legal regulation of distribution activities in foreign countries with the aim of borrowing experience and principles of legal regulation of the procedure and conditions for its implementation, defining the main concepts and establishing its differences from related economic activities. The study of this issue was conducted on the basis of an analysis of internal normative acts of foreign countries and international documents. In this work the achievements of theoretical developments and researches of distribution problems by representatives of economic sciences were used, which became the basis for the allocation of types of distribution, clarification of its structure, links between the subjects, etc.
Along with the concepts of "distribution", "distributing activity", "distributor" are used, used in the legislation and in practice, such terms as "dealer", "dealer activity", "dealer". In science and regulations often their identification is carried out. In connection with this, a comparative analysis of these terms has been carried out. According to the results of the analysis of normative sources, directories of jurisprudence and economic literature and the scientific views on the delimitation of these terms, it is noted that in general distribution and dealer activities are really similar. Their main difference is in the functions. So, the main function of the distributor is not the final sale of goods, but the creation and development of a network for its distribution, promotion. The dealer works directly with the delivery and sale of goods to end users.
As a result of this research, for the first time, distributing activity was defined as a kind of economic and trading activity, which is carried out in the form of wholesale trade, on a contractual basis by subjects of management, one of which is the manufacturer (importer) of the goods, the second distributor, on the basis of an agreement between they have strategies for promotion and sale of goods in a certain regional market. This position is based on the analysis of the concept of dysthybar activity from the standpoint of economics, marketing and law, the practice of its implementation and scientific views on the problems of its definition.
The relations between the manufacturer (importer) and the distributor are of a lasting nature and consist not only in the delivery of the product and receipt of payment for it. Both distributors are interested in making profits by increasing sales of goods in new markets, expanding consumer circles, etc. For the achievement of high results, the manufacturer (importer) and the distributor must agree the marketing policy of the distributor on the sale of the goods, the introduction of various measures aimed at familiarizing other traders and potential consumers with the qualitative characteristics of the product and its promotion. The system of such measures may include conducting various types of promotions, product presentations, etc.
The paper analyzes regulatory acts regulating distribution activities in foreign countries. It is noted that for the countries in the post-Soviet space, including for Ukraine, the nature of the lack of proper legal regulation of even the main issues of distribution. In isolated, more often than not, by-laws, fragmentary mention is made of certain concepts from the terminological apparatus of distribution, without their ignition.
In the continuation of the position on the definition of distribution activity as a type of joint activity, the distribution agreement in the work as an agreement, which establishes the mutual rights and obligations of the principal and the distributor for the implementation of joint activities for the promotion and sale of goods at a regional identified in it the market.
