Mamchenko Y. A. Specific regulatory characteristics of the business supply contract. – Qualifying scientific work as a manuscript.
The thesis for the degree of candidate of juridical sciences on specialty 12.00.04 – economic law; economic procedural law. – PJSC «Higher Educational Institution «Interregional Academy of Personnel Management». – Kyiv, 2021.
The dissertation is devoted to the conceptualization and analysis of legal regulation of supply contracts for the legislation of Ukraine. The work provides a comprehensive description of the business supply contract and determines the state of security of the legal regulation of individual elements of its content in accordance with the modern conditions for the development of legislation. The essence and features of the subject of the supply contract, its basic elements, and also features of performance, change, and termination of supply contracts are established.
It is studied that the evolution of supply relations begins with the contract of exchange, which later grows into an obligation to pay for the goods with money, instead of exchanging for another product. It was found that at various historical stages, the supply contract was considered as a type of contract of sale or as a separate contract. The main stages of the evolution of the contract and its features are established.
It is substantiated that the significance of the supply contract is manifested in the fact that it is a legal form of material and technical supply and sale of products for industrial and technical purposes, consumer goods, both own production and purchased from other businesses. It is studied that the supply contract has special features as a business contract and general features of the contract in the field of private law – a civil contract.
It is determined that the supply contract has the following qualifying features: features of the subject composition, features in the subject, features of the essential terms of the contract. It is stated that the elements of the supply contract are the subjects, essential terms, and form of the contract, and the parties to the supply contract are, on the one hand, the supplier, and on the other – the buyer.
It is stated that the supply contract is a species concept in relation to its individual subspecies. It is established that such contracts as the energy supply contract and the contracting contract are subtypes of the supply contract, which in turn is a type of sales contract.
The peculiarities of the energy supply contract and the contract of contracting of agricultural products are analyzed and the following features are established: specific subject – agricultural products, peculiarities of the subject composition, peculiarities of the content of the contract (assignment of specific obligations).
The conclusion is made about the importance of proper registration of the transfer of goods under the supply contract. The inconsistent position of the legislator was determined, who in relation to other agreements indicated the need to sign the relevant document (act), while for the agreement on the transfer of property the issue of registration of such transfer was left to the discretion of the parties.
It is stated that after the conclusion of the contract in the process of implementation of contractual obligations in either party may be due to certain reasons the need to amend the contract or the parties may jointly conclude the need to change the previously concluded contract, which is a manifestation of the principle of freedom agreement. It was found that as a result of a change in the contract there may be two types of change in the legal relationship: change of certain rights and obligations in it, or termination of some rights and obligations, which leads to the fact that the legal relationship as a whole continues to exist in a modified form.
It is summarized that the termination of the contract is possible by reaching an agreement between the parties or by court decision. It was found that the liability of the parties to the supply contract occurs in case of violation by one of them of the terms of the supply contract, therefore, such violation and the relevant law or contract is the basis for the protection of business entities.
Key words: legal regulation, business agreement, supply contract, national legislation, the content of the contract, subject of delivery.
