Місце договору у механізмі регулювання господарських правовідносин: компаративістський вимір

The article examines the essence and content of the concept of an economic contract in national law and compares it with the law of Western European countries. The problems that prevent the harmonization of Ukrainian legislation with the law of the European Union in the sphere of regulation of economic contracts are pointed out, and ways of solving them are proposed. Analyzed: the contract as a form of expression of will of subjects of economic relations; the main principles of contractual regulation, such as: freedom of contract, obligation to fulfill contractual obligations, mutual benefit of the parties, fairness and proportionality of responsibility; requirements for the form of an economic contract, which ensures the protection of the interests of the participants in legal relations and the transparency of economic transactions. It has been established that contracts are a key instrument for regulating economic relations in both national and European law. A comparison of Ukrainian and European legal approaches to contractual regulation allows us to identify both common features and differences that are due to legal traditions and the peculiarities of the economic system. In the article, a comparative analysis of the legislation of Ukraine and European law can help identify differences, contradictions and shortcomings in national legislation, as well as identify areas that require harmonization with European standards. It is indicated that in the context of the European integration of Ukraine, an important task is the harmonization of national contract law with the law of the European Union. This includes the implementation of modern standards of contractual regulation, ensuring legal certainty and predictability for business entities. It has been investigated that the comparative analysis of the legislation of Ukraine and European law covers the study of various aspects, in particular the structure and organization of legislation, the content of regulatory acts, principles and approaches to regulation, contracts, consumer rights, electronic commerce, competition law, international trade, alternative dispute resolution, enforcement decisions of European courts, rules of the internal market, harmonization of legislation, as well as legal culture and cooperation. The article examines legal reforms, the application of case law, the protection of human rights, and the influence of European norms on legal consciousness and culture.