The article analyzes the consequences of repealing the Commercial Code of Ukraine for the legal regulation of maritime agency contracts – a specific legal instrument used in commercial maritime operations. The current regulation of maritime agencies in Ukraine is limited to a few provisions within the Merchant Shipping Code of Ukraine, while most substantive norms concerning agency relationships were set out in the Commercial Code, particularly the chapter on commercial intermediation. With the repeal of this code, and without a legal substitute, a regulatory gap emerges concerning contractual form, agent obligations, powers of representation, and liability. The article outlines distinctions between agency contracts, mandate contracts, and commercial representation, focusing on legal nature, scope of authority, and regulatory mechanisms. Judicial practice of the Supreme Court is reviewed, confirming that maritime agency contracts are treated as a separate legal construct, not reducible to other types of civil agreements. The article also examines the widespread practice of using simplified contracts in the form of nominations, where only essential service parameters are specified. Attention is drawn to the risk of a legal vacuum caused by the absence of the terms “agent,” “agency,” and “agency contract” in the current civil legislation, which may complicate both the drafting and enforcement of such contracts. Based on the analysis of the Civil Code of Ukraine and international models such as the Standard Liner Agency Agreement, the article proposes concrete amendments to the Merchant Shipping Code. These include incorporating previously applicable rules from the Commercial Code and aligning them with the practical needs of shipowners, agents, and port service providers. The objective is to restore regulatory clarity, ensure consistent contractual practices, and reduce the risk of legal disputes. The article concludes that a failure to introduce such legal norms could undermine both domestic legal certainty and Ukraine’s reliability as a jurisdiction for international maritime stakeholders. The proposed legal update is positioned as a necessary response to preserve legal continuity and enable stable development in the maritime sector after the repeal of the Commercial Code.
Volodymyr TSIUPRYK (Tue,) studied this question.