Place of Commercial Cases in the Agreement Between Ukraine and the Republic of Poland on Legal Assistance and Legal Relations in Civil and Criminal Сases of 24 May, 1993

Abstract

The relevance of the article is determined by dedicating the study to the place of сommercial сases among the categories of сasesdefined in Art. 1 of the Agreement between Ukraine and the Republic of Poland on legal assistance and legal relations in civil and criminal cases of May 24, 1993. The purpose of the work is to consider the possibility of applying contractual provisions to сommercial cases, given the fact that the latter are not defined as a type of "civil cases" as well as, for example, family or work сases. Certain aspects of Polish and Ukrainian legislation in the context of understanding and correlation of civil and economic cases are highlighted. The obtained results became possible thanks to the use of methods of scientific knowledge taking into account the peculiarities of their use in legal science. The preparation of the article became possible, and the conclusions were substantiated by using general scientific and legal methods: analysis and synthesis, deduction and induction; empirical and other methods. At the same time, it is difficult to find out exactly what goals the representatives of the authorities of Poland and Ukraine pursued in the context of not including economic сases in the 1993 Agreement. However, according to the preamble, the main purpose of concluding this agreement was to maintain friendly relations between the two states and deepen cooperation in the legal field, including in civil cases. Among Polish and Ukrainian representatives of the scientific community, there is no unanimous opinion regarding the place of economic affairs in the Agreement of 1993. In the Polish doctrine, one can find the opinion that the evaluation of statements in international treaties additionally requires taking into account their effectiveness, that is, interpreting the text so that it has a certain meaning and was useful In our opinion, taking into account the preamble and Art. 1.4 of the Agreement of 1993, which extends the provisions of the treaty to legal entities formed in accordance with the legislation of each participating state, the exclusion of economic affairs from the field of international regulation would be ineffective and too unfavorable for business entities from both countries. The obtained results, in addition to the above, also consist not only in the analysis of international treaties of Poland and Ukraine with other states, which have a similar subject of regulation to the Agreement of 1993 and the place of economic affairs in them, but also in the analysis of judicial practice of the application of this type of treaties.