The relevance of this article stems from the need to improve legal regulation of economic procedural relations which exist concerning consideration of disputes arising from contracts for non-bank financial services, as well as from a small number of theoretical studies and insufficient elaboration of the issues pertaining to this legal category.

This article focuses on the analysis of the definitions available today in legal doctrine with regard to the concept of legal dispute and legal conflict and their correlation, as well as financial service contracts and non-bank financial service contracts. The article also aims at proposing the definition of disputes arising from contracts for non-bank financial services and classifying them; highlighting the procedural specifics seen in consideration of this type of contractual disputes.

It is noted that a contractual dispute is a complex legal category, and its concept is of a multifaceted nature. Given this, disputes arising from non-bank financial service contracts as a type of contractual disputes are considered from the perspective of etymological, economic, philosophical and legal aspects.

As a result of analyzing the main concepts for understanding of a legal dispute, the author proposes to define the dispute arising from non-bank financial service contracts as a legal conflict between participants to economic relations on the non-bank financial service markets, which arises when non-bank financial service contracts are concluded, amended, terminated, performed and invalidated. It is suggested that disputes arising from non-bank financial service contracts should be divided into five main groups: 1) disputes regarding conclusion of contracts; 2) disputes regarding amendment of contracts; 3) disputes regarding termination of contracts; 4) disputes regarding performance of contracts; 5) disputes regarding invalidation of contracts, with each of them divided into subgroups. It is also proposed to classify the disputes arising from non-bank financial service contracts by their subject matter into disputes arising from conclusion, amendment, termination, performance and invalidation of non-bank financial service contracts for: money transfer; foreign exchange asset trading; financial leasing; lending of money, including on financial loan terms; provision of guarantees and sureties; administration of non-governmental pension funds; administration of financial assets for purchasing of goods in groups; in the field of insurance; factoring and other financial services.

The author arrives at the conclusion that in the economic proceedings aimed at resolving the disputes which arise from non-bank financial service contracts, one of the parties may be not only financial institutions and individual entrepreneurs, as it is usually defined, but also legal entities having no status of a financial institution.

Bibliography

Authored books

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Journal articles

5. Amelina A, ‘Osoblyvosti dohovoriv pro nadannia finansovykh posluh’ [‘Specifics of Financial Service Contracts’] (2019) 3 Yurydychnyi naukovyi elektronnyi zhurnal 53 (in Ukrainian).

6. Sviatoshniuk S, ‘Pravova pryroda dohovoriv pro nadannia finansovykh posluh ta yoho mistse u systemi tsyvilno-pravovykh dohovoriv’ [‘Legal Nature of Financial Service Contracts and Their Place in the System of Civil Law Contracts’] [2014] 19 (25) Visnyk ONU im. I. I. Miechnykova. Pravoznavstvo 129 (in Ukrainian).

Theses

7. Drozdova N, ‘Dohovir pro nadannia finansovykh posluh u tsyvilnomu pravi Ukrainy’ [‘Financial Service Contract in Civil Law of Ukraine’] (avtoref dys kand yuryd nauk, 2005) (in Ukrainian).

Newspaper articles

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