General theoretical characterization of contractual obligations for the provision of agency services

Abstract

Problem setting. The development of market economy and globalization of business processes have increased the importance of agency services. However, the legal regulation of agency relations in Ukraine is characterized by gaps and conflicts, creating problems in law enforcement practice. This problem is particularly acute in the field of courier activities, where issues of consumer protection and distribution of responsibility between the agent and the principal arise. Purpose of research is to conduct a comprehensive theoretical and legal analysis of contractual obligations for the provision of agency services, determine their place in the system of civil law contracts of Ukraine, and develop proposals for improving their legal regulation. Analysis of recent researches and publications. The issues of agency contracts and services have been studied by such scholars as R.A. Maidanyk, Ye.O. Kharytonov, O.I. Kharytonova, N.V. Fedorchenko, A.B. Hryniak, M.D. Pleniuk, O.O. Kot, H.B. Yanovytska and others. However, despite the significant number of scientific works, the specifics of agency services in the field of courier activities and consumer protection remain insufficiently studied. Article’s main body. The legal regulation of agency relations in Ukraine is analyzed, the elements of the agency agreement and the peculiarities of the rights and obligations of the parties are determined. The article examines the fiduciary nature of agency relations and its impact on the assessment of the parties’ actions in the performance of the contract. Particular attention is paid to the specifics of providing agency services in the field of courier activities, including issues of consumer protection, personal data protection, and dispute resolution. The article proposes ways to improve the legal regulation of agency services, including the development of special regulatory acts for courier agents, the introduction of a certification system, and the development of effective mechanisms for consumer protection. Conclusions and prospects for the development. The study concludes that agency services are an important element of modern economic relations that requires proper legal regulation. The legal framework of Ukraine in this area is characterized by complexity but contains certain gaps and conflicts that need to be addressed. The agency agreement has specific elements that distinguish it from other types of contracts. For improving the legal regulation of agency services, it is necessary to unify approaches in civil and commercial law, develop special mechanisms for consumer protection, harmonize legislation with international standards, and improve mechanisms of agent liability. Future research should focus on developing detailed recommendations for improving legislation in the field of agency services, taking into account international experience and the specifics of different sectors of the economy.