Legal nature of the preliminary agreement according to the current legislation of Ukraine

The contract is the main basis for the emergence of civil legal obligations. It is widely used in all spheres of society. Among the provisions of civil law, norms that are designed to regulate contractual relations, in particular the preliminary contract, occupy a significant place, since the role of such contracts is constantly growing. Creation of a harmonious and effective system of civil legislation is one of the most important areas of development of the legal system of Ukraine. Since one of the main tasks of civil legislation is the fair, impartial and timely consideration and resolution of civil cases in order to effectively protect the violated, unrecognized or disputed rights, freedoms or interests of individuals, the rights and interests of legal entities, and the interests of the state. The needs of modern civil turnover, which is increasingly acquiring the qualities of diversity and intensity, contribute to the development of new types of contracts in which various legal elements are combined. Increased interest in the study of contractual relations sometimes excludes some institutions from its field of view. Among such institutes is the institution of the preliminary agreement, which does not differ in the sufficiency of normative regulation and, perhaps, for these reasons, it has not received the thorough attention of modern scientists, although in practice this agreement is widely used. he insufficient elaboration of the provisions of the previous agreement entails ambiguity in the approaches to its understanding. Until recently, the question of the possibility of recognition by the parties of the preferential right to realize their own interest under the previous contract remains unresolved. A separate place is occupied by questions regarding the classification of agreements concluded as a result of auctions (at one or another stage of their passage) as preliminary contracts. The concept of the form of a preliminary contract also does not find a clear understanding either in the works of civil scientists or in law enforcement practice. It follows from this that the lack of attention to the institution of the preliminary contract in civil studies entails the lack of a sustainable approach in the practice of law enforcement.