Romas M. The State of Ukraine as a Party to Contractual Obligations in Civil Law

This dissertation reviews the general patterns and specific features of contractual obligations involving the State of Ukraine, and proposes scientific and theoretical options to solve problematic issues in the field of legal regulation of civil contractual relations. The findings illustrate that the civil legal personality of Ukraine’s involvement in contractual obligations is of a special nature, since its scope and content is provided for exclusively by regulatory legal acts. The following are features of the civil legal personality of the state of Ukraine: a) cannot be limited in civil legal capacity; b) cannot be limited in civil legal capability; c) cannot be deprived of civil legal capability; d) civil legal capacity and capability emerge at the same time. The paper established two forms of involvement of the state of Ukraine in civil contractual legal relations: 1) direct (independent) – through the bodies acting within their competence on behalf of the state; 2) indirect – through institutions, enterprises operating under the right of economic control or operational management. The state authorities acting on behalf of the state of Ukraine are represented primarily by the executive authorities. The following attributes of civil liability of the state of Ukraine for violation of contractual obligations have been identified: 1) the state of Ukraine can be both a victim and an offender; 2) the state of Ukraine can apply state enforcement to itself based on a court decision; 3) independently defines the procedure for compensation for harm and damage by adopting laws; 4) the state shall be liable only with its own property undistributed among other participants; 5) the state shall be liable only under its own obligations (unless otherwise provided for by law); 6) the reason for the liability is a civil offense – non-fulfilment or improper fulfilment of the terms of such an obligation. A civil offense in a contractual obligation involving the state of Ukraine that gives rise to civil liability features a set of facts (conditions): 1) unlawful behavior; 2) damage; 3) a cause-effect link; 4) guilt.