Практика застосування INCOTERMS 2020 в зовнішньоекономічних договорах

It is indicated that for Ukraine, where foreign economic activity is an important element of the economy, these problems become even more relevant. The lack of a clear understanding of the INCOTERMS 2020 rules, errors in their application create additional problems for Ukrainian enterprises, which ultimately leads to litigation and financial losses. Among the main problems are highlighted: the difficulty in choosing the optimal terms of delivery that would correspond to the specifics of the goods, the transportation route and the type of transport; legal conflicts between the provisions of Incoterms and the national legislation of countries; as well as cases of incorrect interpretation or use of terms in contracts. The practice of applying INCOTERMS 2020 in foreign trade contracts is an important tool for regulating relations between parties to international trade. By standardising the terms of risk, cost and liability transfer, these rules greatly simplify the process of concluding contracts, ensuring transparency and efficiency of their implementation. In today’s international trade system, INCOTERMS 2020 is the main mechanism for preventing conflicts between counterparties and helps to ensure legal certainty in foreign trade contracts. However, an imperfect understanding of the specifics of these rules, as well as mistakes in their application, can be a source of financial losses and legal disputes. It is particularly relevant to study the practice of using INCOTERMS 2020 in Ukraine, where the legal regulation of foreign economic activity remains insufficiently regulated. Ukrainian enterprises often face problems in choosing the optimal terms of supply, adapting them to national legislation, and ensuring that contractual obligations are fulfilled in accordance with international standards. This article analyses the key aspects of INCOTERMS 2020, the specifics of their use in foreign economic contracts, and the main problems that arise in this area. A review of the court practice and recommendations for eliminating difficulties in applying the INCOTERMS rules will improve the efficiency of their use in the foreign economic activity of Ukrainian enterprises, increasing their competitiveness in international markets.