FEATURES OF THE LEGAL REGULATION OF THE INTERNATIONAL PURCHASE AND SALE OF GOODS

Abstract

The contract for the international sale of goods is an agreement between the seller and the buyer, who are located in different countries, about the supply of goods. Relations of the international purchase and sale of goods are primarily regulated by a foreign economic agreement (contract), which is concluded in written (electronic) form. In addition to the contract of international sale of goods, the regulator of legal relations of international sale of goods is national legislation. According to the legislation on international private law of Ukraine, the applicable law can be chosen by the parties to the transaction, this is called autonomy of will. It is the right, not the obligation, of the parties to the transaction to choose the law applicable to the contract. If the parties did not use the principle of autonomous will, then according to Art. 44 of the Law of Ukraine "On International Private Law", the right of the seller is applied to the relationship under the contract of sale of goods. Legal relations of the international purchase and sale of goods are regulated by international agreements. The provision of an international treaty applies to private law relations after it has become part of national legislation. For this purpose, there is a procedure for implementing the provisions of an international agreement into national legislation, which is defined by the Law of Ukraine "On International Agreements of Ukraine". In terms of priority application in terms of legal force, interdepartmental agreements can be compared with acts of ministries, agencies, intergovernmental agreements with normative legal acts of the Cabinet of Ministers of Ukraine, and interstate agreements, the binding consent of which is given by the Verkhovna Rada of Ukraine, with laws. The legal regulation of the international sale of goods is provided by the Vienna Convention on International Sales Contracts of April 11, 1980, which entered into force for Ukraine on February 1, 1991, and the Convention on the Limitation of Claims in the International Sale of Goods of 1974, effective for Ukraine since May 1 of 1994, the specifics of their application are defined in the relevant provisions of these Conventions. International customs are also applied to international sales relations, in particular the rules of Incoterms Official rules of interpretation of trade terms of the International Chamber of Commerce, if the parties to the contract of international sale of goods have agreed on this. The parties to an international sales contract may apply any version of these customs, specifying the year. If there is an agreement on the application of the Incoterms rules in the contract, and the year of publication is not specified, then the latest version of these rules is applied.