ОСОБЛИВІ ПІДСТАВИ НЕДІЙСНОСТІ ПРАВОЧИНІВ ПІД ЧАС ВІЙНИ

Abstract

The article is devoted to the peculiarities of the invalidity of transactions during the war. The author analyses the foreign experience of legal regulation of this issue in some countries of the Anglo- American legal system. The author also pays attention to domestic legislation. International law allows to limit relations not only between citizens of the respective states, but also between all their other residents and persons entitled to trade in the country, and the institution of invalidity of transactions is one of the mechanisms to achieve this goal. The author analyzes the history of the adoption of relevant acts in the United States and Great Britain during the armed conflicts, considers the definition of trade with the enemy in the context of the conclusion of relevant agreements. Among the measures applied by national law, the author singles out the blocking of assets; restriction of trade operations; prohibition of public and defense procurement of goods, works and services from legal entities-residents of a foreign state of state ownership and legal entities, the share of the authorized capital of which is owned by a foreign state, as well as public and defence procurement from other business entities sale of goods, works, services originating from a foreign state to which sanctions have been applied in accordance with this law; full or partial prohibition of transactions in securities, the issuers of which are persons to whom sanctions have been applied in accordance with this law; prohibition of technology transfer, rights to intellectual property rights. The author criticizes the provisions of the law on the legal consequences of a transaction that violates public order, committed with a purpose contrary to the interests of the state and society and notes that they are extremely insufficient to establish the consequences of invalidity of transactions during the war. Based on the study, the author makes suggestions for further improvement of domestic legislation.