Theoretical And Legal Approaches To Demarcation Of Consumer And Public Contracts


  • I.I. Banasevych


public contract, consumer contract, consumer, entrepreneur, personal needs.


The scientific article is devoted to the study of the current state of regulatory and legal regulation and scientific views on the distinction between consumer and public contracts. The groundlessness of assigning a consumer contract to a special type of public contract is proved. In the article, the author revealed a number of shortcomings in the legal regulation of the studied treaties and made suggestions on their elimination. The conclusion is made about the inexpediency of the existence of legal and legal entities consolidating civil-law institutions: consumer and public contracts. It is proved that the concept of «consumer contract» is more successful and consistent with the norms of international law. In this regard, the modern version of Art. 633 of the Civil Code of Ukraine needs to be changed. In particular, it is necessary to change the title of the article on «Consumer contract», and, consequently, its content.

At the same time, the author analyzes the international legal documents, the current legislation of Ukraine and the views of other researchers of the problem.