OPERATIVE-ECONOMIC SANCTIONS FOR VIOLATION OF CONTRACT FOR CONDUCTING DESIGN AND RESEARCH WORKS: LEGISLATIVE AND CONTRACTUAL REGULATION
Journal Title: «Приватне та публічне право» - Year 2018, Vol 3, Issue
Abstract
In this article the question of operative-economic sanctions for violating the contract for conducting design and research works is investigated. Operative-economic sanctions for inclusion in this contract are recommended. Despite the important role played by the operative-economic sanctions among the measures of influence on the offender, there are no sanctions in the statutory provisions on design and research work in succession. At the same time, when concluding a contract for conducting design and research works, the parties, as a rule, among operativeeconomic sanctions, provide in the contract only a kind of termination of the contract, bypassing other operativeeconomic sanctions from a large arsenal of remedies that are in the injured party. Lack of special legislation on the legal regulation of operative-economic sanctions for violating the contract for conducting design and research works, and sometimes the lack of knowledge of the parties about the availability of a wide range of operative-economic sanctions that can be applied for breach of contract, necessitates a scientific study of the problem of application the abovementioned sanctions in order to develop practical recommendations for the improvement of legislative and contractual regulations on design and research work. Operative-economic sanctions, which may be applied for breach of the contract for conducting design and research works, are defined in § 1 of Chapter 61 of the Civil Code of Ukraine. Operative-economic sanctions, which are not stipulated by the legislation, should be established by the parties, taking into account the specifics of the duties assigned to them and the purpose set by each of the parties to the agreement
Authors and Affiliations
Н. С. Лещенко
Keywords
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