Features of the pre-contractual stage of concluding a mentoring agreement

Abstract

The article is devoted to the study of the pre-contractual stage in the dynamics of mentoring legal relations within the framework of the recent legislative regulation of the institution of mentoring in Ukraine. It is substantiated that the emergence of contractual legal relations in mentoring is not limited solely to the moment of concluding the contract, but rather constitutes the final element of a complex legal structure that includes a series of consecutive legal facts of both public and private law nature. It is demonstrated that the pre-contractual stage in the field of mentoring significantly differs from classical models of pre-contractual relations in civil law, as it is characterized by mandatory procedures, a high level of regulatory formalization, and restrictions on the parties’ freedom of discretion. The content and legal nature of the key stages of the pre-contractual process are analyzed, including: submission of an application and required documents by a candidate mentor; verification of compliance with statutory requirements; completion of mandatory training; issuance of a conclusion regarding the candidate’s ability to provide mentoring services; implementation of the matching procedure between the mentor and the person in respect of whom mentoring may be established; and organization of the initial meeting and establishment of primary contact. Particular attention is paid to problematic aspects of regulatory support, including the insufficiency of mechanisms for verifying the absence of circumstances preventing the acquisition of mentor status and the need to improve interagency information exchange among authorized bodies. A definition of the pre-contractual stage of mentoring legal relations is proposed as a legally regulated, sequential process aimed at establishing a candidate’s compliance with legislative requirements, assessing their readiness and capacity to provide mentoring services, and forming the necessary preconditions for concluding a mentoring agreement. It is argued that the mandatory nature of this stage is justified by the need to ensure the best interests of the child and by the combined privatelaw and public-law elements inherent in the legal nature of mentoring. The specific features of the pre-contractual stage of mentoring legal relations allow it to be regarded not merely as a preparatory phase preceding contract conclusion, but as an independent guarantee-based legal mechanism designed to minimize the risks of formalization of mentoring and to ensure its social effectiveness.