PUBLIC OFFER AGREEMENT: PROBLEMS OF PRACTICAL APPLICATION IN THE FIELD OF ECONOMIC ACTIVITY

Abstract

The article is devoted to the study of the problems of practical application of public offer agreement in the field of economic activity. Public offer agreement, which are the basis for a variety of commercial transactions, including ecommerce, telecommunications and financial services, present unique challenges that require careful consideration. The concept of a public offer agreement is defined, based on legislation and comparative legal analysis of scientific publications of Ukrainian scientists.Key application areas are explored, illustrating how agreements are used in various business sectors, including: e-commerce, IT and software, SAAS services, telecommunications, financial and information services, educational services, medicine, tourism and hospitality, etc. Thanks to a detailed analysis of public offer agreement, offers of various business entities (Internet stores «I-maxi», «Maysternya vyshyvanok», «Vista», «MOYO», LLC «Marketing Agency «Target», LLC «Retail Company», LLC «Academy Navychok», LLC «Kyiv School of Economics and Management», SE «Diіa», etc.), the study highlights general problems, including the problem of the absence of public offer agreements on the websites of business entities, uncertainty of the jurisdiction of the application of public offer agreement or the resolution of disputes, ambiguity of terms, compliance, the problem of protection of the rights of counterparties, the procedure for agreeing contract terms and changes to such terms. According to the results of the study, it was found that public offer agreement aim to standardize the process of concluding agreements between counterparties, but the basic requirements for such a contract need to be clarified. In this regard, the Procedure for informing the client/consumer with the terms of the public offer agreement and the corresponding changes to it was proposed, as well as the main conditions to which the public offer agreement must comply: the subject of the contract, the terms of payment and pricing, the delivery and return policy (according to conditions of the commercial component of relations between counterparties), rights and obligations of the parties, rules of use, dispute resolution mechanisms, applicable law and jurisdiction, approval of the terms of the contract and the right to amend it. By analyzing current challenges and proposing practical solutions, this article aims to contribute to the development of a more reliable and transparent framework for public offer agreement, which will ultimately contribute to a more reliable and efficient legal and economic environment.