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Khrystyna VOYTSEHOVSKA,

Secretary of the court session of the Commercial Court of Ivano-Frankivsk region, candidate of the Department of Civil Law of the Law Institute of the Precarpathian National University named after Vasyl Stefanyk

CIVIL LEGAL CHARACTERISTIC OF CERTAIN CONTRACTUAL COMMITMENTS OF THE DEPOSIT GUARANTEE FUND

This article focuses on the characteristics of certain contractual commitments of the Deposit Guarantee Fund, such as: a loan agreement, a concession of right to requirement, an investment contract with the participation of the Fund and others. On the basis of the research in this area it is concluded that conditionally contractual commitments into which the Fund enters can be divided into those agreements that are aimed at implementing the functions of the Fund as well as those that are aimed at supporting and increasing property bases of the Fund, that ultimately also has a focus on the implementation of its functions. In framework of this research author pays attention to the problem of providing conceptual principles of contract law at the level of subordinate regulatory acts of the Fund. Specificity of the participation of the Fund in contractual obligations is analyzed and it’s concluded that it is manifested in: the ability of the Fund by virtue of the special legal personality to conclude only a limited number of contracts; conditioning emergence and implementation of the legal personality of the Fund by concluding the contracts, expressly provided by a special law; implementing in the regulation of contractual relations large amount of mandatory rules aimed at protecting the interests of depositors of private and public interests of the state; establishing the limits of the principle of freedom of contract.

Key words: the Deposit Guarantee Fund, functions of the Fund, a contract, essential terms of the contract.

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