Romas M. Procedure for Concluding Civil Law Contracts with the Participation of the State of Ukraine under Martial Law

DOI: 10.33098/2078-6670.2023.15.27.2.187-194

Purpose. The purpose of the article is to establish the peculiarities of the participation of the state of Ukraine in contractual obligations, to analyze the legal regulation of the procedure for concluding civil law contracts with the participation of the state of Ukraine, in particular, in the conditions of martial law, to make relevant theoretical conclusions. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: formal-logical, analysis, comparative analysis, systemic-structural, terminological, normative. Results. In the process of research, it was recognized that the state of Ukraine is an equal participant in contractual obligations, however, certain exceptions to this rule may be established in the conditions of martial law. This is related to issues of ensuring national security and defense of Ukraine. Originality. In the process of research, it was established that the state of Ukraine is the party to the concluded contracts, and not the state body that represents it. The State of Ukraine may be a party to sales contracts, leases, concession contracts, product distribution agreements, etc. The procedure for concluding, changing and terminating contractual obligations with the participation of the state of Ukraine is provided exclusively by law, in particular, taking into account the requirements of martial law. Practical significance. The results of the study can be used in law-making and law-enforcement activities to resolve important issues related to the national security and defense of Ukraine.

Key words: contract, state of Ukraine, state authority, martial law, public procurement, defense procurement.

References

1. Civil Code of Ukraine (2003, January 16). Vidomosti Verkhovnoyi Rady Ukrayiny. Kyiv. (in Ukrainian)
2. Fazikosha, V.G., Bunets, S.B. (2010). Tsyvilne pravo Ukrainy: Zahalna chastyna [Civil law of Ukraine: General part]. Kyiv: Znannia. (in Ukrainian)
3. Stefanchuk, R.O. (Ed.) (2009). Tsyvilne pravo Ukrainy. [Civil law of Ukraine]. Kyiv: Legal Unity. (in Ukrainian)
4. Agarkov, M.M. (1940). Objazatel’stvo po sovetskomu grazhdanskomu pravu [Obligation under Soviet civil law]. Moscow: Izvestij Sovetov deputatov SSSR. (in Russian)
5. Constitution of Ukraine (1996, June 28). Vidomosti Verkhovnoyi Rady Ukrayiny. Kyiv. (in Ukrainian)
6. On the State Property Fund of Ukraine: Law of Ukraine № 4107-VI. (2011, December 9). Vidomosti Verkhovnoyi Rady Ukrayiny, 28, 311. (in Ukrainian)
7. Romas, M. (2021) The State of Ukraine as a Party to Contractual Obligations in Civil Law: PhD diss. Khmelnytskiy. (in Ukrainian)
8. On Production Distribution Agreements: Law of Ukraine № 1039-XIV. (1999, September 14). Vidomosti Verkhovnoyi Rady Ukrayiny. 44, 391. (in Ukrainian)
9. On Public Purchases: Law of Ukraine № 922-VIII. (2015, December 25). Vidomosti Verkhovnoyi Rady Ukrayiny. 9, 89. (in Ukrainian)
10. On the Concession: Law of Ukraine № 155-IX. (2019, October 3). Vidomosti Verkhovnoyi Rady Ukrayiny. 48, 325.(in Ukrainian)
11. Ioffe, O.S. (2004). Izbrannye Trudy. V 4 tomah. [Selected Works Vols. 1-4]. (Vol. 3). St. Petersburg: Press. (in Russian)
12. Pervomaiskyi, O.O. (2013). Uchast terytorialnykh publichno-pravovykh utvoren v tsyvilnykh pravovidnosynakh: problemy teorii ta praktyky [Participation of territorial public legal entities in civil legal relations: problems of theory and practice]. Kyiv: Pravo Ukrainy. (in Ukrainian)
13. On Approval of the Specifics of Public Purchase of Goods, Works and Services for Customers Provided for by the Law of Ukraine ‘On Public Purchase’ for the Period of the Legal Regime of Martial Law in Ukraine and within 90 days from the Date of its Termination or Cancellation: Resolution of the Cabinet of Ministers of Ukraine, 1178 (2022, October 12). Ofitsiinyi visnyk Ukrainy. 2022. 84, 2267. (in Ukrainian)
14. On Defense Purchase: Law of Ukraine № 808-IX. (2020, July 17). Ofitsiinyi visnyk Ukrainy, 67, 2147. (in Ukrainian)
15. On the Lease of State and Communal Property: Law of Ukraine № 157-IX. (2019, October 3). Vidomosti Verkhovnoyi Rady Ukrayiny, 4, 25.(in Ukrainian)