Non-compete agreement in Ukraine

Q3 Social Sciences

Informatologia Pub Date : 2022-01-01 DOI:10.32914/i.55.1-2.1

O. Yaroshenko, M. Inshyn, N. Vapnyarchuk, O. A. Yakovlyev, O. Sereda

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引用次数: 1

Abstract

A non-competition agreement is a very common way to protect an employer's interests. In many countries there is such a legal instrument as a non-competition clause. On the other hand, the non-competition agreement is a new and unusual phenomenon for Ukraine, so there is a need to study its legal regulation with the experience of foreign countries. The aim of the article is to study the legal regulation of the nature of the non-competition agreement with the experience of different countries in this matter and the feasibility of applying this experience in Ukraine. The study was conducted using such special legal scientific methods, as historical and legal, comparative legal and formal. The article presents the comparative-legal analysis of the practice of conclusion of non-competition agreements in such countries as France, Germany, Italy, China, Great Britain, the USA and Ukraine. On the basis of this analysis, proposals for Ukraine are made. In particular, the article considers the problems of including non-competition provisions in civil legislation. Also analyzed is the judicial practice of violations of the terms of contracts containing non-competition provisions.

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乌克兰的竞业禁止协议

竞业禁止协议是保护雇主利益的一种非常常见的方式。在许多国家都有这样一种法律文书，即竞业禁止条款。另一方面，竞业禁止协议对乌克兰来说是一种新的、不寻常的现象，因此有必要结合国外的经验对其法律规制进行研究。本文旨在结合各国在这方面的经验，研究竞业禁止协议性质的法律规制及其在乌克兰适用的可行性。本研究采用了历史法学、比较法学和形式法学等特殊的法学方法。本文对法国、德国、意大利、中国、英国、美国和乌克兰等国订立竞业禁止协议的实践进行了比较法学分析。在此分析的基础上，对乌克兰提出了建议。本文特别探讨了在民事立法中纳入竞业禁止条款的问题。还分析了违反含有竞业禁止条款的合同条款的司法实践。

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来源期刊

Informatologia Social Sciences-Law

自引率

0.00%

发文量

审稿时长

16 weeks

期刊介绍： INFORMATOLOGIA is scientific journal which is dealing with general and specific problems in scientific field of Information Science. INFORMATOLOGIA publishes scientific and professional papers from information and communication sciences, which are refering to theory, technology and praxis of information and communication, education, communication science, journalism, public relations, media and visual communication, organisation and translotology and papers from related scientific fields. INFORMATOLOGIA is beeing published over thirty years and it gathers prominent experts in field of Information and Communication Science. The journal is published four times a year and it publishes scientific papers.