Types of Contractual Obligations with the Participation of the State of Ukraine

Abstract

It is established that the state of Ukraine can be a party to civil agreements. It is determined that agreements with the participation of the state of Ukraine are mostly bilateral, paid, can be both real and consensual, and are concluded in writing. At the same time, the state of Ukraine cannot be a party to public contracts, and therefore is not a party to the contract of retail sale, rental agreement, household contract, bank deposit, etc. In the vast majority of cases, agreements with the participation of the state of Ukraine are mixed, as they contain elements of different types of agreements. The legal framework on the types of agreements in which the state of Ukraine may be a party is analyzed, and the methods underlying the division are identified. Thus, according to the method of concluding agreements with the participation of the state of Ukraine are divided into: concluded at the auction and accession agreements. According to the obligation to conclude agreements with the participation of the state of Ukraine, they are obligatory and voluntary. According to the method of fixing the terms of the contract they are standard and model contracts. By main areas of application the agreements can be fuel and energy; defensive (military); banking, etc. By territory of action the agreements are divided into domestic and foreign. The article provides a general description of each type of agreement with the participation of the state of Ukraine. In particular, the following subject classification of agreements with the participation of the state of Ukraine was introduced: agreements on transfer of property to ownership; agreements on the transfer of property for temporary possession and use; agreements for the performance of works and provision of services. Thus, agreements with the participation of the state of Ukraine on the transfer of property to ownership are a contract of sale and gift. In this case, contracts of sale may be concluded in the form of contracts for the purchase, redemption, supply, contracting of agricultural products. A lease agreement and a loan are included to the agreements with the participation of the state of Ukraine on the transfer of property into temporary possession and use. Agreements with the participation of the state of Ukraine on the performance of works and provision of services include a concession agreement, production sharing agreements, joint venture agreement, storage agreements, commission instructions, property management, as well as credit, loan. It is investigated that the state of Ukraine cannot be a party to the contract of supply of electric or other resources through the connected network, rent, lifetime maintenance, some lease agreements, insurance contract, agreements on disposition of intellectual property rights, etc.