The role and legal force of the memorandum as a form of contractual regulation of social relations

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Zhanna Zavalna
Mykola Starіnskyi

Abstract

Ukrainian realities, a misunderstanding of the essence of the concept of a memorandum, its identification with other forms of contractual regulation of relations, and unreasonable expectation of legal consequences from the application of a memorandum in the regulation of international and domestic relations leads to negative results in the private and public sphere. The purpose of the article is to form a legal basis for increasing the effectiveness of legal regulation of social relations through the study of the peculiarities of the legal nature of the memorandum as one of the forms of contractual regulation of relations. The research methods were: general theoretical research methods - analysis, synthesis, the ascent from the abstract to the concrete; special - comparison; systemic and structural.


Through a comparative analysis of two forms of contractual regulation of social relations, a memorandum and a contract, the authors established that, unlike a contract, a memorandum does not cause legal obligations. Instead, it has the nature of a memo or protocol in the negotiation process. Memorandum consolidates unofficial, informal results; it is used as a rule in international relations, although recently, it has become widespread in the domestic legal space. The role played by the memorandum in the regulation of relations is manifested at two stages of the development of relations: 1) at the stage of establishing relations, the memorandum is used as a basis for concluding the main contract; 2) at the stage of existence of relations, the memorandum becomes the basis for the interpretation of the main contract, which was concluded on its basis.


The authors concluded that the memorandum is one of the forms of contractual regulation of relations which does not create legal obligations. It follows from this that when choosing the types of contractual forms of regulation of relations when drafting them, it is necessary to take into account that the name of the form of regulation depends on the type and nature of the consequences that can give rise to various types of legal relations, as well as political, diplomatic and other non-legal relations.

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How to Cite
Zavalna, Z., & Starіnskyi M. (2022). The role and legal force of the memorandum as a form of contractual regulation of social relations. Global Prosperity, 3(1), 3–12. Retrieved from https://gprosperity.org/index.php/journal/article/view/85
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