LEGAL NATURE OF THE EXAMPLE AGREEMENT

Abstract

The article is devoted to the analysis of the study of the legal nature of the example agreement and the establishment of its specific features that characterize the example contract as an independent private legal category. It is substantiated that the example agreement has a dual nature in the mechanism of legal regulation of private legal relations. On the one hand, the studied category is a special normative act endowed with characteristic features, including: a) formal reflection of the content of the example contract in an official document, carried out by drawing it up as an act issued within the competence of a governing body, orders, etc.); b) development and adoption of an example agreement by state authorities or local self-government bodies in compliance with a procedure clearly established by law; c) the focus of the example contract on an indefinite range of entities as potential parties to the future contractual relationship in a particular area in order to streamline it; d) accumulation in the content of the example contract of conditions of both recommendatory and obligatory nature. On the other hand, with each practical use of the model of an example agreement to regulate private legal relations, the example contract is transformed into an agreement of specific parties, acquiring the characteristics of a civil contract. At the same time, taking into account the legislative approaches to defining the concept of the studied category, the key in understanding the example contract is its normative nature, which determines its special role in the mechanism of legal regulation of private law, in particular contractual relations. Therefore, it is proposed to define an example contract as a special normative act adopted by specially authorized state body and local governments in order to develop and recommend a contractual model of private legal relations between predetermined circle of persons, with the possibility of adjustment of some of its conditions.