Contractual relations of Ukrainian enterprises with international partners in war conditions

Issue: № 1, 2025

Doi: https://doi.org/10.37634/efp.2025.1.3

Introduction. The contract protects both the enterprise and its potential partner, ensuring a clear understanding of the obligations and rights. Since the parties are involved from different countries, cultures and organizational structures, it can be difficult to reconcile the goals and expectations of each. The contract with international partners has undergone significant changes because of war in Ukraine. Force majeure circumstances may arise, the resolution of which must be a priority. The purpose of the paper is to improve the formation of contractual relations between Ukrainian enterprises and international partners, taking into account the conditions of war. Results. Before entering into any formal contract with an international business partner, it is necessary to analyze him to make sure that he is reputable and reliable. Contracts with international partners in conditions of military conflict are particular important, since such contracts are associated with quality guarantees and security for partners. It is proposed to develop a step-by-step instruction with nine stages for collecting information to simplify the procedure for establishing contact with partners in conditions of military conflict. For Ukrainian enterprises it is advisable to use a memo with a list of the main topics that should be considered in international business contracts: participants, responsibilities, language, notice, currency, anti-corruption, confidentiality, term, termination, governing law, dispute resolution. Conclusion. In recent years the work of Ukrainian enterprises has become significantly more complicated due to the war. It is very important to simplify the procedure for establishing contact with partners and minimizing errors. It is considered advisable to use developed instruction and a memo with a list of the main topics that should be considered in international business contracts during war. The need for proper verification of an international business partner is identified, for which the use of a form based on such criteria as reputation, accounting data, financial statements, recommendations and legal history was proposed.

Keywords : contractual relations, contract, management, international partner, military conflict

References:

1. Bokovets V.V., Korzh N.V., Davydiuk L.P. Cross-cultural aspects of behavior in international business. Market infrastructure. 2021, 53. pp. 24-27. (in Ukrainian).

2. Holovko M. Formation of effective partnerships in business. Scientific review. 2018. № 4(4). pp. 7-11. (in Ukrainian).

3. Kovalyk O.A., Bibik D.V. Features of concluding international partnership relations of enterprises. Economics. Finances. Law. pp. 14-16 (in Ukrainian).

4. Kovtunenko K.V., Kovalchuk O.V., Doloka R.O. Features of managing an export-oriented manufacturing enterprise when entering foreign markets: the intellectual aspect. Economics. Finances. Law. 2021. 6. pp. 5-8 (in Ukrainian).

5. Madiar R.O. Risks of foreign economic activity and key trading partners of Ukraine. Economy and state. 2020. № 9. pp. 70-73 (in Ukrainian).

6. Popadynets H.O. Grounds for termination of international treaties in modern international legal relations. Academic notes of the TNU named after V.I. Vernadskyi. 2019. Vol. 30 (69). № 5. pp. 248-252. (in Ukrainian).

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