Abstract
The relevance of the study is stipulated by the urgent need to urgently fill the suddenly emerging legal gaps caused by the expansion of the powers of non-governmental organizations that have been actively involved in the process of assisting combatants. The study aims to solve an important pragmatic problem: to ensure legal harmonization of procurement with the highest productivity and lowest legal and financial risks. The study uses a synthesis of general scientific, legal and sociological-legal approaches, methods, and techniques of scientific knowledge. As a result of the work carried out, the author managed to rethink the legal status of things as objects of civil rights in the light of the latest military realities. The legal algorithm of procurement of military and dual-use goods by non-governmental organizations is clarified; a parallel is drawn with the procurement procedure carried out by the relevant state-owned enterprises. The author comprehends the phenomenon of a trade mission in general and a trade mission burdened with a foreign element in the field of foreign economic activity in particular. The author analyses the conflict of laws clauses which can resolve the contradictions of counterparties in an international sale and purchase agreement. The author suggests ways for further scientific research in this area of research. The author structures the mechanism by which representatives of the public sector, including charitable organizations and foundations, may obtain licences for the purchase of military and dual-use goods for the army. It is argued that in practice, since the beginning of hostilities, these organizations, and foundations have been creating a worthy alternative to the State defence sector. These developments, in addition to their pragmatic significance, are also characterized by a certain theoretical significance, since they can be used for scientific research and solving problems in the field of property rights, the law of non-governmental organizations, foreign economic activity, as well as for developing and improving training courses in the field of civil, humanitarian and international law.
Keywords: import; objects of civil rights; turnover capacity; non-governmental organizations; trade representative office
Suggested citation
[1] Civil Code of Ukraine. (2003, January). Retrieved from https://zakon.rada.gov.ua/laws/show/435-15#Text.
[2] Dunska, A. (2012). Resellers in foreign economic activity: Problem definition and classification. Economic Bulletin of National Technical University of Ukraine “Kyiv Polytechnical Institute”, 9, 89-95.
[3] Gramatskiy, E. (2019). Principles of private international law: General provisions. Law Review of Kyiv University of Law, 1, 116-120.
[4] Irfan, M., Rahman, S., Azis, Y., & Widianto, S. (2023). Defense industry business performance model in developing countries. Problems and Perspectives in Management, 21(2), 172-186. doi: 10.21511/ppm.21(2).2023.20.
[5] Kravtsiv, Ya.V. (2019). Foodstuffs as objects of civil rights (PhD thesis, Kyiv University of Law, National Academy of Sciences of Ukraine, Kyiv, Ukraine).
[6] Law of Ukraine No. 549-IV “On State Control over International Transfers of Military and Dual-Use Goods”. (2003, February). Retrieved from https://zakon.rada.gov.ua/laws/show/549-15#Text.
[7] Melnyk, A, & Popovichenko, A. (2016). Specifics of domestic enterprises trade and mediation. Eastern Europe: Economy, Business and Management, 4, 172-175.
[8] Miroshnychenko, B. (2023). Each of us is an arms baron. How Ukrainian volunteers are buying up armored vehicles throughout Britain. Retrieved from https://www.epravda.com.ua/publications/2023/04/26/699483.
[9] Mudgal, P. (2020). Private international laws and recognition of foreign judgements. Retrieved from https://blog.ipleaders.in/private-international-laws-recognition-foreign-judgements/.
[10] Official website of the foundation Come Back Alive. (n.d.). Retrieved from https://savelife.in.ua/en/about-foundation-en.
[11] Oleksyn, I.I., & Kysil, T.V. (2019). Certain aspects of conclusion of international purchase and sale contracts. Entrepreneurship and Trade, 25, 70-76. doi: 10.36477/2522-1256-2019-25-09.
[12] Order of the State Service of Export Control of Ukraine No. 355 “On the Approval of the Instructions on the Procedure for Filling out Applications for Obtaining Permit Documents, Guarantee Documents and Other Documents Provided by the State Export Control”. (2004, June). Retrieved from https://zakon.rada.gov.ua/laws/show/z1576-04#Text.
[13] Pervomaiskyi, O.O. (2021). The concept of “circumstability of objects of civil rights” in the context of property rights and other property rights of subjects of public law. In Problems of civil law and process: abstracts of the reports of the participants of the scientific and practical conference dedicated to the 96th anniversary of the birth of O.O. Pushkin (pp. 178-180). Kharkiv: Kharkiv National University of Internal Affairs.
[14] Pohrebniak, V.Ya (2020). The ability of subjective civil rights to legal civil circulation. Scientific Notes of Taurida National V.I. Vernadsky University. Series: Juridical Sciences, 70(1), 84-88. doi: 10.32838/2707-0581/2020.1/16.
[15] Resolution of the Cabinet of Ministers of Ukraine No. 1807 “On Approval of the Procedure for State Control of International Transfers of Military Goods”. (2003, November). Retrieved from https://zakon.rada.gov.ua/laws/show/1807-2003-п#Text.
[16] Resolution of the Cabinet of Ministers of Ukraine No. 86 “On Approval of the Procedure for State Control over International Transfers of Dual-Use Goods”. (2004, January). Retrieved from https://zakon.rada.gov.ua/laws/show/86-2004-п#Text.
[17] Resolution of the Verkhovna Rada of Ukraine No. 2471-XII “On the Ownership of Certain Types of Property”. (1992, June). Retrieved from https://zakon.rada.gov.ua/laws/show/2471-12#Text.
[18] Reznikova, V. (2013). Concept, features and types of legal intermediary. Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, 3, 22-28.
[19] Rzheutska, L. (2022). How does Ukrainian volunteers import weapons into Ukraine. Retrieved from https://www.dw.com/uk/yak-ukrainski-volontery-staiut-spetsimporteramy-i-zavoziat-v-ukrainu-zbroiu/a-62351942 .
[20] Samsin, I., Kovalko, N., Kovalenko, A., Zabzaliuk, D., & Kurando, K. (2021). Legal aspects of identity transactions involving entities with foreign elements: ICT technologies and issues of the tax burden. Studies of Applied Economics, 39(5). doi: 10.25115/eea.v39i5.4865.
[21] Shlyahovska, I. (2022). The concept of limited mobile objects: Civil-legal aspects. Uzhhorod National University Herald. Series: Law, 74 (Pt 1), 198-201. doi: 10.24144/2307-3322.2022.74.23.
[22] Shupinska, O.V. (2016). General principles and features of the application of collision anchoring “the law of the location of the thing”. Private Law and Business, 15, 191-194.
[23] Skrypnyk, V. (2018). Things restricted in civil circulation as objects of civil rights. Entrepreneurship, economy and law, 1, 36-40.
[24] Slipchenko, A.S. (2017). The value of the definition “civil circulation” in the jurisprudence. Journal of the National Academy of Legal Sciences of Ukraine, 1, 201-210.
[25] Ukrainian arms dealers unveil tactics for acquiring weapons for Ukraine’s Armed Forces. (2023). Retrieved from https://mil.in.ua/uk/news/ukrayinski-zakupivelnyky-rozpovily-pro-te-yak-kupuyut-zbroyu-dlya-zsu.
[26] UNIDROIT. (1994). Principles of International Commercial Contracts. Rome: International Institute for the Unification of Private Law.
[27] United Nations Convention on Contracts for the International Sale of Goods. (1980, April). Retrieved from https://cisg-online.org/Text-of-the-Convention.
[28] Von Martini, K.A. (2017). Civil Code of Galicia 1797. Ivano-Frankivsk: Vavylonska Biblioteka.
[29] Vorobiyenko, P. (2021). Global reasons of world instability and ways to its decrease. Economic Annals-XXI, 195(1-2), 4-12. doi: 10.21003/ea.V195-01.
[30] Yanovytska, A.V. (2019). Contract of international carriage of goods by road transport. Lviv: Rastr-7.