Joint activities, partnerships and other forms of cooperation in the economy: contractual and legal foundations

Abstract

Problem setting. In the context of transformation of economic processes, complication of the market environment and strengthening of crisis factors in the economic system of Ukraine, cooperation in the field of management acquires special importance. The latter reflects a complex system of property, organizational, including organizational and managerial relations between participants in economic relations. The multidimensionality of the concept of “cooperation” necessitates the delimitation of its forms, clarification of the categorical apparatus and determination of the functional purpose of the corresponding contractual structures in the system of economic and legal regulation of various forms of interaction of economic law subjects. At both the legislative and theoretical levels, a holistic approach to the general concept of cooperation in the field of management and the system of its contractual and legal support has not yet been formed, which necessitates their doctrinal understanding. Analysis of recent researches and publications. Certain aspects of the legal regulation of joint activities and their contractual support are the subject of scientific works by a number of domestic scholars and lawyers, among whom it is worth noting: O. E. Blazhivska, M. R. Garibadze, V. K. Gutsulyak, Yu. A. Dmytrieva, V. M. Kossak, I. I. Kylymnyk, O. A. Pidoprihora, S. Yu. Pogulyaev, V. V. Reznikov, O. E. Kharitonov, K. V. Shaperenkov, G. V. Yurovska, Yu. M. Yurkevich and others. At the same time, general issues of cooperation and the delimitation of its forms in the field of management, as a necessary basis for the specialization of contractual structures related to their regulation, remain insufficiently studied. As a result, the fragmentation of legal regulation of cooperation within the framework of economic turnover complicates its proper contractual registration, which necessitates the theoretical understanding of the functional purpose of the relevant agreements. Purpose of the research is to analyze the legal nature of cooperation and its forms in the field of business, the nature of their relationship, as well as the corresponding contractual models of their implementation. Article’s main body. The article is devoted to important aspects of legal regulation of joint activities, partnerships and other forms of cooperation in the economic sphere. As situational cooperation, the author defines a negotiating form of interaction of potential contractual counterparties, aimed at a specific (time-limited) result reaching an agreement on all essential conditions of the future contract. The term “cooperation”, in the opinion of the author of the article, reflects not only the form of economic and production, but also economic and organizational interaction, including with the participation of subjects of power organizational and economic powers, in order to achieve economic, organizational, including organizational and managerial and other effects. Cooperation of territorial communities is given as an example of such interaction. The conclusion is made about the need for further development of contractual support for cooperation in the economic sphere. Special attention is paid to the substantive component of the founding agreement, simple partnership agreement, joint activity agreement, general agreement, partnership agreement, collaboration agreement. Conclusions and prospects for development. Cooperation in the field of business covers any forms of coordination and interaction between subjects of cooperation both for the purpose of realizing their mutual interests, achieving common goals and / or interests and goals of each separately defined subject of cooperation. This can be both partnership relations and the creation of economic organizations or their associations within the framework of joint activities, or cooperation to optimize management / supervisory functions in the field of business or situational negotiation cooperation, etc. The practical significance of the distinction between forms of cooperation in the field of business is primarily associated with the choice of specific contractual structures that have different functional purpose and content. In order to unify contractual practice and adapt current legislation to modern economic realities, it is considered relevant to legislatively enshrine private partnership agreements, collaboration agreements, and general agreements as independent types of agreements that mediate various forms of cooperation in the field of business.