ЮРИДИЧНА ПРИРОДА ЗАРАХУВАННЯ ЗУСТРІЧНИХ ВИМОГ У ЗОБОВ’ЯЗАННІ

The article is devoted to the study of the legal nature of the inclusion of counterclaims as one of the ways to properly terminate the obligation in civil law. The article analyzes the concept and grounds for the obligation, the legal nature and role of this institution in the proper implementation of civil and business circulation. It has been established that in the vast majority of different obligations, its participants act both as a debtor and as a creditor, which gives rise to the possibility of the institution of crediting counterclaims as one of the ways to terminate the obligation. Problematic theoretical and practical issues of application of enrollment of homogeneous counter-claims have been identified and it has been established that the peculiarity of counter-claims is the termination of several obligations at the same time, which greatly simplifies their implementation and promotes proper civil circulation. It is analyzed that the crediting of counterclaims is possible by agreement of the parties, i.e. by bilateral transaction, but it is concluded that the statement of one of the parties to enroll, and its application gives grounds to claim that such an agreement is unilateral. Analysis of court decisions on the issues under study proves that a similar position is determined in practice. For domestic law, the significance of the application for enrollment is that it terminates the obligation. However, the enrollment cannot be made automatically, the other party may object to this method of termination. The legal nature of enrollment of counterhomogeneous claims as a way of terminating a civil obligation reveals the content of the enrollment itself, which is defined as the ground for termination of an obligation on which counter-homogeneous claims are terminated, but such claims must be counter, homogeneous and indisputable. The spread in the civil circulation of the institution of crediting counterhomogeneous claims as a way to terminate the obligation allows you to terminate two of them at once. This shows the universality and attractiveness of the inclusion of counter-homogeneous requirements as a way to terminate a binding legal relationship, although it requires additional research and interpretation for practice. The cases when enrollment of counterclaims is impossible are analyzed, in accordance with the norms of the current legislation of Ukraine. The problematic issues of the application for crediting counterclaims as a form of unilateral termination transaction have been identified.