LEGAL REGULATION OF NON-COMPETE AGREEMENTS (NCA) UNDER THE LAWS OF UKRAINE AND THE UNITED KINGDOM

Introduction The paper examines how Ukrainian and United Kingdom legislation regulates non-compete agreements (NCAs). Summary of the main results of the study. The author emphasizes that this agreement has become widespread in Ukrainian business but lacks an official definition. Judicial practice and doctrine work interpret its legal nature differently, sometimes deeming it unconstitutional and restricting the right to work. The author identifies five main problems with NCA use in Ukraine: 1) a lack of a clear legislative basis; 2) unsettled judicial practice; 3) the risk of invalidation; 4) difficulty in proving damages; and 5) conflict with the right to work, freedom of entrepreneurial activity, and other rights (restricting freedom of choice). The author substantiates that, conversely, the United Kingdom features more developed and detailed NCA regulations, supported by several relevant laws and judicial precedents. The paper conducts a legal analysis of NCAs and identifies areas where the United Kingdom’s experience could help Ukraine improve its legislation and practice. Conclusion. The UK’s experience can offer Ukraine valuable insights into improving legislation and court practice in terms of clearer regulation of the NCA, carefully balancing employers’ interests in protecting confidential information and employees’ interests, introducing a system of awarding damages for violations of the NCA, etc.