Foreign economic agreement and contract: terminological aspects

Abstract

Background. In the national legislation that regulates the foreign economic sphere, the terms «foreign economic agreement» and «contract» are used. Clarification of the content of legal categories, their clear and unambiguous wording is a condition for proper and effective enforcement.
Analysis of recent research and publications. Some domestic scientists paid attention to the study of these definitions in their writings. However, the authors considered these concepts in the plane of the study of foreign economic activity, without focusing on the features of contractual terminology.
The aim of this article is to study the theoretical and legislative aspects of the concepts definition of «foreign economic agreement» and «contract».
Materials and methods. A set of general scientific and special methods of scientific research, such as dialectic, comparative legal, formal logical methods, was chosen as the methodological basis.
Results. Domestic scientists have researched the definitions of «foreign economic agreement» and «contract». Some of them use the concept of «foreign economic contract» in a broad sense. Others consider legal forms «foreign trade agreement» and «contract» as synonyms. Sometimes authors use only the term «foreign economic agreement». In national legislation, various approaches to the application of the terms «foreign economic agreement» and «contract» are observed. The concept of «contract» in Ukrainian law is usually used to determine a particular form of employment contract. However, in some legislative acts we find the use of the term «contract» in the meaning of civil law relations. The Economic Code of Ukraine contains several formulations of foreign economic contractual relations – «foreign economic agreement (contract)», «foreign economic contract», but «foreign economic agreement» is not mentioned. We find a separate use of the terms «treaty» and «contract» in international business practice. We find the similar approach in the national legislations of different states.
Conclusion. In domestic legislation there is inconsistency regarding the use ofthe terms «foreign economic agreement» and «contract». The elimination of certain shortcomings is aimed at unifying these terms in national legislation, their clear and unambiguous formulation will contribute to proper and effective enforcement in the foreign economic sphere.