Kolisnyk A., Landina A. Fulfillment of contractual obligations in Ukraine: problems of legislative provision in the conditions of martial law

DOI: 10.33098/2078-6670.2022.14.26.156-162

The purpose of this study was to solve the problem of prosecution for non-fulfillment of economic contractual obligations under martial law. Methodology. This study was carried out in a clear sequence, following the stages of studying the problem, based on the logic of the presentation of the material, with the aim of achieving the goals set in the article and fulfilling the defined tasks. During the research, such methods as the information-analytical method were used; system approach method; method of comparison and comparison; method of descriptive analysis; method of pragmatic approach; forecasting method. The results. It was established that criminal liability for non-fulfillment or improper fulfillment of economic contractual obligations is not provided for by the current criminal legislation of Ukraine, although enforcement of such obligations (in particular, in critical conditions of martial law) by criminal legal means is appropriate and necessary. The scientific novelty is that we propose to eliminate this gap by including in the Special Part of the Criminal Code of Ukraine Art. 2061, which will establish liability for breach of contract terms, namely, will provide for liability for non-fulfillment or improper fulfillment of economic contractual obligations, if this resulted in large losses (the amount of such losses, namely those that are 500 or more times greater than the tax-free the minimum income of citizens, to be provided in the note to the specified article). As circumstances that will aggravate the punishment for the specified act, it is worth predicting a particularly large amount, which led to particularly significant losses (which are 1000 or more times greater than the tax-free minimum income of citizens), which should also be indicated in the note to this norm; repeatedly, that is, by a person who previously committed such a criminal offense; by a group of persons based on a prior conspiracy and others, if the specified acts are committed in the presence of other significant aggravating circumstances that will affect the type and amount of punishment. Practical significance. This study does not exhaust the indicated problems, but opens the prospect of further research in the field of ensuring the fulfillment of contractual economic obligations.

Key words: economic contract, contractual obligations, enforcement of contractual obligations, criminal legal measures, martial law, force majeure.

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