Participants of civil commerce have the right to enter into contracts which, undoubtedly, are the regulators of public relations. It is the contract owing to which the goals and interests intended by the parties are realized and implemented. One of the contract law principles is freedom of contract which allows settling the relations between the parties at own discretion. However, it is the regulatory control of a contract’s certain aspects which is of great importance and, unfortunately, it is not perfect. Therefore, there is a need to amend the current civil legislation, and especially the Civil Code of Ukraine (Ukraine’s CC).

The purpose of the article is to study the problematic aspects seen in the regulation of civil-law contracts.

The author emphasizes the need to consolidate in Ukraine’s CC a separate subsection “Contractual Obligations” and to formulate the general provisions regarding contracts in this part of Ukraine’s CC, thus putting an end to the discussion about the multidimensional nature of contract. Here will be the place for distinguishing between the invalid contracts and the contracts which are not concluded. It is inadmissible to regard the ambiguous understanding by the parties of a contract’s term as the lack of agreement between these parties. The legislator’s attempt to regulate the provision on separate types of contract in specific laws autonomously results in a number of problems (inconsistency between the general provisions on contracts and special-purpose legal regulation, a huge bulk of essential terms of contract in special laws). There is still controversy regarding consolidation in Ukraine’s CC of such contract types as public contract and contract of accession. Currently, it is possible to consolidate the concept of “consumer contract” in legislation. The contract as a legal document should meet all of the requirements of legitimization (specification of the parties to the contract and other details identifying the parties, time and place of the transaction, etc.). It is advisable to analyze the subject matter of a contract by the contract types, and this would link a number of research efforts to the law implementation domain. The author questions whether it is appropriate to divide contracts into real and consensual. There is a need to reconsider the appropriateness of maintaining all of the types of contracts enshrined in Ukraine’s CC, and primarily this relates to the group of contracts for transfer of property for use, etc.

Thus, given the presence of a range of problematic aspects in the regulation of civillaw contract, there is a priority need to review the provisions of the current Civil Code of Ukraine with regard to contract law.

List of legal documents 

Legislation

1. Pro zakhyst prav spozhyvachiv [On Consumer Rights Protection]: Zakon Ukrainy [the Law of Ukraine] vid 12 travnia 1991 r. № 1023-XII <https://zakon.rada.gov.ua/ laws/show/1023-12> (accessed: 01.02.2019) (in Ukrainian).

2. Tsyvilnyi kodeks Ukrainy [The Civil Code of Ukraine]: Zakon Ukrainy [the Law of Ukraine] vid 16 sichnia 2003 r. № 435-IV <https://zakon.rada.gov.ua/laws/show/435-15> (accessed: 01.02.2019) (in Ukrainian). Bibliography Authored books

3. Boiko N, Dohovir pozychky [Loan Agreement] (Nova zoria 2015) (in Ukrainian).

Edited books

4. Dzera O ta Kuznietsova N ta Luts V (red), Naukovo-praktychnyi komentar Tsyvilnoho kodeksu Ukrainy [Scientific and Practical Commentary of the Civil Code of Ukraine], t 2 (5th edn, Yurinkom Inter 2013) (in Ukrainian).

Journal articles

5. Banasevych I, ‘Teoretyko-pravovi pidkhody do rozmezhuvannia spozhyvchoho ta publichnoho dohovoriv’ [‘Theoretical and Legal Approaches to Distinguishing between Consumer and Public Contracts’] (2017) 43 Aktualni problemy vdoskonalennia chynnoho zakonodavstva Ukrainy (in Ukrainian).

Conference papers

 6. Belianevych Ye, ‘Stabylnost hrazhdanskoho oborota: voprosy teorii’ [‘Stability of Civil Commerce: Issues of Theory’] v Hrazhdanskoe pravo: vyzovy vremeny: materialy Mezhdunarodnoi nauchnoi konferentsyy, posviashchennoi 70-letnemu yubyleiu doktora yurydycheskykh nauk, profesora A. H. Dydenko [Civil Law: Challenges of the Time: Materials of the International Scientific Conference Dedicated to the 70th Anniversary of Doctor Habil. of Law, Professor A. G. Didenko] (2016) (in Russian).