LEGAL INCOMPATIBILITY OF DEFINITIONS OF THE CONCEPT OF FOREIGN ECONOMIC ACTIVITY TAKING INTO ACCOUNT MODERN METHODS OF DOING BUSINESS

Abstract

In this article are considered the theoretical and legislative aspects of the definition of the term “foreign economic activity”. The analysis of the definition of this term in the national legislation through the prism of modern methods of foreign economic activity was made. Proposals are formulated to improve the normative definition of foreign economic activity in the domestic legislation. The conclusions are that there is a certain inconsistency in the Ukrainian legislation regarding the use of the term “foreign economic activity” in the main normative acts. The lack of a single legal basis for determining of this term causes problems in law enforcement. The correct formulation of this concept should take into account the general principles of legal regulation of this activity, international practice and necessarily modern trends. In the current context of doing business related to the COVID-19 pandemic, e-commerce as the trade with the use of Internet has received a boost in its active development in the world. This has led to a reorientation of approaches in conducting of foreign economic activity including of the Ukrainian entrepreneurs. The development of e-commerce must be taken into account when classify foreign economic activity as a type of activity, provided that the only place of business contacts of one or both counterparties is the Internet and businesses operate in different countries without crossing the customs border. In addition, it is necessary to determine that when carrying out this activity via the Internet in the presence of at least one foreign element, a foreign economic contract is concluded. This is especially important in the framework of the process of the implementation of the Ukrainian legislation to the European, which is currently underway in our country. Clear definition of the term in the legislation is the basis for correct law enforcement and avoidance of misinterpretation