Postgraduate Student at the Department of Commercial and Administrative Law

Abstract

In this scientific article, the author raises the question that the concepts of «legal work» and «legal services» are different legal categories. It states that these concepts are primarily different in terms of subject composition, since any enterprise as a whole is engaged in legal work, while only its organization should be involved in the tasks of legal service providers. Thanks to this, the scientist singles out legal education as one of the main means of a legal nature, with the help of which legal service of entrepreneurial activity is carried out. He believes that the proper implementation of legal educational work affects the reduction of the number of lawsuits, and the potential possibility of bringing entrepreneurs to economic and legal responsibility is directly dependent on their level of legality. The author substantiates this hypothesis by the fact that, mostly, entrepreneurship is carried out on the basis of a business contract, the terms of which usually provide for the onset of economic and legal responsibility for non-fulfillment or improper fulfillment of the obligations assumed. Thanks to this, the scientist is of the opinion that the establishment of a significant amount in the business contract, a clear procedure for calculating and applying fines will have a positive effect on increasing the level of legal awareness of business entities, since the potential possibility of their application will be a deterrent against illegal behavior. In this regard, the author also notes that the fact of improper fulfillment of the terms of the economic contract, which is the basis for the onset of economic and legal liability, is established in court, due to which the other party to the economic contract must apply to the court for the protection of its violated rights, which will require it certain financial expenses, such as payment of court fees and expenses for professional legal assistance. However, the scientist emphasizes the fact that these costs are reimbursed in full, if the other party did not request their reduction and did not prove their disproportionality, in particular, this follows from the judicial practice of the Supreme Court, so the possibility of recovering these costs from the guilty party should serve as a factor to refrain from violations of the terms of the business contract, as a result of which the level of legal awareness of business entities should increase. In addition, the author notes that there are private executors in Ukraine who are financially motivated to execute the court decision, as they receive a private executor’s fee for this, so the recovery of these costs from the guilty party is a reality. As a result of the conducted research, the scientist came to the conclusion that if business entities have a high level of legal awareness, which can be achieved by properly performing legal educational work, then the number of lawsuits regarding non-fulfillment of the terms of business contracts should significantly decrease.