ON THE QUESTION OF THE DEFINITION OF THE CONCEPT OF FOREIGN TRADE AGREEMENT

The article is devoted to the definition of the concept of foreign trade agreement, which seems justified given the fact that the Russian Federation is ranked tenth among the world’s largest exporters, but the regulation of conclusion and execution of foreign trade agreements is far from perfect, which is confirmed by the absence of a single legally fixed term for such agreements. Moreover, the legislation of the Russian Federation on foreign trade activities is unsystematic and fragmented, and the procedures designed to implement the mechanism of state regulation of foreign trade are not clearly spelled out. Courts face many problems in determining the applicable law in cases of disputes arising from foreign economic (foreign trade) transactions. In this regard, the article proposes a definition of a foreign trade agreement based on the analysis of legislation, its application practice and doctrine, as well as a result of systematization of the features inherent in the type of transactions under consideration. At the same time, the signs of a foreign trade agreement include the following: the presence of commercial enterprises — parties to such an agreement — in different states; the connectedness of relations arising from the agreement with various legal systems; the focus of the contract on systematic profit-making, that is, the conclusion of the contract for commercial purposes, and not for personal, home, family use of the property — object of the contract; the object of the contract is located abroad or moves across the customs border; a special procedure for settlements under the contract; a special procedure for processing the contract and other necessary documents (specifications, declarations, invoices, passports, etc.); a special procedure for resolving disputes arising from contracts.

entrepreneurial activity, customs border, foreign economic activity, foreign trade activity, participant in foreign trade activity, foreign economic transaction, foreign element, foreign trade agreement, form of transaction, applicable law

Efimtseva T. V., Aliturliev A. S. On the question of the definition of the concept of foreign trade agreement. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;3(64):231—236. DOI: 10.25683/VOLBI.2023.64.686.