Commercial Concession and Adjacent Agreements: Comparative Aspect

Franchise is considered to be one of the most efficient forms of organisation of business in the world, however, there is no such a notion in Ukrainian legislation. Instead, the term "commercial concession" is used. There is no common opinion in scientific literature regarding correspondence of these civil and legal transactions. That is why, the goal of the article is to reveal the level of correlation of "franchise" and "commercial concession" notions and comparison of these agreements with adjacent agreements. The article analyses "franchise" and "commercial concession" terms, considers main legislative documents that regulate this type of civil and legal relations and marks out factors that hinder development of these relations. The article establishes that these notions are equivalent in the Ukrainian legislation. It specifies main components, on which franchise is based: transfer of commercial experience and (or) rights to use objects of intellectual property; two-way relationship; legal, financial and administrative independence of the parties; payment; consultancy and other support; and availability of a written registered agreement. It compares agreements of commercial concession with licence ones and agreements on joint activity, and marks out their differences.