| Krylova O.I., Executive Director, Junior Research Fellow in Law at IPE LLC, https://orcid.org/0009-0009-3365-2404 Economics and Law. 2025. No.1. P.12-17. |
Annotation.
The article identifies problems that arise in the process of proving a significant change in circumstances in the context of law enforcement and establishes that currently, the priority is the formation of a clearly defined, effective institute of a significant change in circumstances, the adaptation of legal approaches to its regulation in accordance with new challenges. The indicated issues are observed in the practical implementation of the norms of Article 652 of the Civil Code of Ukraine, in particular, in the vast majority of court decisions, evidence of a significant change in circumstances is assessed quite critically. Therefore, balancing the property interests of the parties in the event of a significant change in circumstances becomes quite burdensome, and the norms of the above-mentioned article in the current version do not clearly define the mechanisms for proving it, which leads to the emergence of legal disputes and legal uncertainties. It is the formation of a mechanism for proving the presence of a significant change in circumstances that will contribute to the transparency of contractual relations, improvement of contractual discipline, reduction of legal risks, fair settlement of disputes, and facilitation of judicial proceedings. And to ensure compliance with the principle of freedom of contractual relations, it is important to legislate the obligation to determine such a mechanism by the parties themselves in the contract.
