SYSTEMATIZATION AND CHARACTERISTICS OF THE CONTRACTS FOR SERVICES: INDIVIDUAL ISSUES OF THE AMENDMENT OF CHAPTER 61 OF THE CIVIL CODE OF UKRAINE

Abstract

The article systemizes contracts for services under the framework of contractual work commitments. The author emphasizes that today there is an urgent need to update some approaches to the legal regulation of contractual relations due to the integration of markets of Ukraine and EU member states in the context of the entry into force of the Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and their member states. members. It is stressed the necessity to make major efforts to update an array of statutory acts in the legislation of work performance in terms of its application in the contractual and judicial practice, particularly updating the understanding of the contract for services as a legal fact, its regulatory nature, essential conditions, the feasibility of classification (types) of contracts for services in the Civil Code of Ukraine, their systematization, delimitation of the declaration a contract not concluded and invalid, proper and actual performance of obligations, failure to agree on all essential conditions or their ambiguous understanding by the parties, etc. The research considers the issue of identifying the preconditions and develop prospects for updating a relevant section of the CC of Ukraine devoted to contracts for services. The author focuses on the expediency to systemize the contracts mediating the obligations to perform work, and the need for a logical sequence of legal rules governing contractual relations within Section 61 of the Civil Code of Ukraine. The following basic kinds of named contracts for services are specified in the article: contract for services; consumer work agreement; construction contract; contract for design and exploration works. Consequently, the author concludes the updated version of Section 61 of the CC of Ukraine has an objective need to consolidate such a mechanism of the civil liability of the parties under the contracted obligations which, on the one hand, would provide a means of influencing the debtor and, on the other hand, would determine the optimal procedure for the application of these legal remedies.