Kononenko D. Legal regime of international contracts in the context of the introduction of economic sanctions

Kononenko D. F. Legal regime of international contracts in the context of the introduction of economic sanctions. – Qualifying scientific paper as a manuscript. Thesis for the degree of Candidate of Juridical Science (Doctor of Philosophy) in the specialty 12.00.03 – civil law and civil process; family law; private international law. – Scientific-research Institute of Intellectual Property, National Academy of Law Sciences of Ukraine, Kyiv, 2021. The dissertation is devoted to the study of the impact of economic sanctions on the legal regime of international commercial contracts, as well as their importance in private international law as a regulator of private law relations of an international nature. The legal regime of an agreement is a set of legal requirements (provisions) established under an agreement, including requirements that determine the content, form, procedure for concluding, acting and terminating an agreement. The specifics of international economic relations lead to the formation of a special legal regime for treaties in this area. An essential specific feature of foreign economic relations is that the unification of relations different in the subjective structure in a single system stipulates the application of various methods and means of legal regulation. There are two levels of relations: firstly, relations between states and other subjects of international law (in particular, between the state and international organizations) of a universal, regional, local nature; secondly, relations between individuals and legal entities of different states (which include the so-called diagonal relations – between the state and foreign individuals and legal entities). About international contracts we are talking about the interaction of norms not only of various branches of law, but also of different countries. The decision on economic sanctions along with international treaties forms the necessary legal basis for private legal contractual relations, as states introduce prohibitions and restrictions on the international exchange of goods and services, as well as restore international commercial relations in connection with the suspension or lifting of sanctions. Economic sanctions, both directly and indirectly, affect the content of international contracts. Such an impact substantially affects the principle of freedom of contract and must necessarily be temporary.