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https://doi.org/10.32914/i.55.1-2.1

NON-COMPETE AGREEMENT IN UKRAINE: WORLD EXPERIENCE ON A NATIONAL SCALE

Oleg M. Yaroshenko ; Department of Labor Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
Mykola I. Inshyn ; Department of Labor and Social Security Law, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine
Natalya M. Vapnyarchuk ; Department of Planning and Analysis of Legal Studies, National Academy of Legal Sciences of Ukraine, Kharkiv, Ukraine
Oleksandr A. Yakovlyev ; Department of Labor Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
Olena H. Sereda ; Department of Labor Law, Yaroslav Mudriy National Law University, Khakriv, Ukraine


Puni tekst: engleski pdf 425 Kb

str. 1-13

preuzimanja: 527

citiraj


Sažetak

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.

Ključne riječi

labor law; labor relations; employer; employment agreement; non-compete clause

Hrčak ID:

269958

URI

https://hrcak.srce.hr/269958

Datum izdavanja:

1.1.2022.

Posjeta: 1.141 *