FOREIGN ECONOMIC ACTIVITY AND FOREIGN ECONOMIC CONTRACT: PROBLEMS OF LEGISLATIVE REGULATION

Abstract

An important task of the state and, above all, of its legislative body is the improvement and further
development of the conceptual and categorical apparatus of economic legislation in accordance with the modern
realities of economic development. This task acquires special urgency and urgency in the conditions of the
strengthening of the European integration processes of Ukraine.
The vast majority of normative legal acts in the field of regulation of economic relations contain separate
articles, which provide a list of definitions of the terms used in this normative legal act. This significantly simplifies
the problem of law enforcement. However, only if, with the help of the norms of legislative technique, the
definitions of terms and concepts are written correctly and do not contradict the definition of similar concepts
already contained in other normative legal acts.
There are a number of factors that negatively affect the uniform interpretation of legislative norms and the
formation of a uniform law enforcement practice, as well as the final results of law enforcement and, as a result,
the possibility of effective protection of the rights and freedoms of business entities. These include violations of the
rules for constructing legislative definitions, as well as the legislator's use of imprecise, abstract, ambiguous terms
(categories), which actually nullifies the implementation of their instrumental function. Making changes to the
content of legislative definitions (concepts) that are basic for the relevant field of regulation significantly affects
the general vector of its regulation, in some cases - radically changes it, and sometimes, unfortunately, creates
numerous collisions in the regulation of this field.
The results of the study were the identification of problematic aspects of the qualification of foreign economic
activities and foreign economic contracts, related to the defects of the legislative definitions of the specified terms,
as well as the provision of some proposals for their elimination.
An important issue is the development of unified approaches regarding the understanding of the essence and legal nature of economic activity with a foreign element (foreign economic activity) for the correct application of the norms of foreign law in the event that they are determined as applicable law by the conflict of laws provisions of the relevant agreements or by the parties themselves in accordance with the principle of the autonomy of the will of the parties.

Keywords: legislative definition (term); foreign economic activity; foreign economic agreement; commercial enterprise; compensation (offset) contracts.