RECOGNITION OF AN ADDITIONAL AGREEMENT AS INVALID WHEN A NEW LAW IS ADOPTED

The conclusion of an additional agreement often leads to practical problems and does not allow for proper protection of the rights of its participants. The purpose of the article is to search for the most effective criteria for the admissibility of the recognition of an additional agreement as invalid by virtue of the current legislation by defining its concept, legal nature and types. The article attempts to generalize the practice of the supreme courts of the Russian Federation on the operation of legislation and the application of its retroactive effect. The methodological basis of the article is a set of dialectical and systematic research methods, as well as a teleological approach, according to which additional agreements can be invalidated as an independent transaction and as part of the main contract, which affects the protection of the rights of its participants in different ways. The author’s position on the influence of the law on the validity of the supplementary agreement is reasoned, the criteria for the possibility of independent invalidation of the supplementary agreement are determined, provided that it is part of the main agreement. The article makes proposals for further study of this problem and improvement of certain provisions of civil legislation, allowing to eliminate gaps and conflicts in legal regulation.