ANALYSIS OF THE LEGISLATIVE REGULATION OF FOREIGN ECONOMIC ACTIVITY

Abstract

The article provides a comprehensive synthesis of the regulatory and legal framework  governing Ukraine’s foreign economic activity as a multi-level system that combines private-law mechanisms for contractual structuring of transactions with public-law instruments of state control and economic security. The relevance of the study stems from the fact that the practical performance of foreign economic contracts takes place simultaneously within several regulatory regimes (customs, currency, trade-defence, investment, and conflict-of-laws), which increases the risks of compliance errors, divergent interpretations of legal provisions, and inconsistencies in managerial decision-making at the enterprise level. Within the article, the central role of the Law of Ukraine “On Foreign Economic Activity” is substantiated as the act that establishes principles, defines the range of subjects, provides general guarantees and directions of state influence, and outlines the framework approaches to liability and the protection of the rights of participants in foreign economic activity. It is shown that the operational rules for implementing foreign economic transactions are shaped by special legislation: the Customs Code of Ukraine regulates customs formalities, regimes, classification of goods under the Ukrainian Classification of Goods for Foreign Economic Activity (UKTZED), the application of customs duties, and control procedures; currency legislation defines financial discipline, risk-based currency supervision, and possible protective measures; trade-defence rules govern the application of anti-dumping instruments and other special types of duties; and specific acts on barter operations and foreign investment clarify requirements for certain categories of foreign economic transactions and investor safeguards.

A separate emphasis is placed on the private-law and international-law dimensions of foreign economic activity. The Civil Code of Ukraine is considered the foundation of contractual regulation (contract terms, obligations, liability, and methods of securing performance), while the Law of Ukraine “On Private International Law” is identified as a key instrument for determining the applicable law, jurisdiction, and resolving conflicts of laws in relationships involving a foreign element. Based on the systematization of the relevant regulatory acts, typical “touchpoints” between legal regimes are identified—areas that require particular attention when structuring contracts, planning logistics, and organizing settlements.