Inclusion of Ts&Cs
Ukrainian law does not specifically regulate the issue of inclusion of Ts&Cs into a contract, except for electronic contracts. The Law on Electronic Commerce explicitly indicates that e-contract may contain a reference (link) to the Ts&Cs, which are included into e-contract.
At the same time, in order for Ts&Cs to have effect in relations between the parties to any contract they should be explicitly agreed by the parties thereto. In principal, Ts&Cs (except for essential terms which must be included in a contract) can be express (i.e. actual wording is included in the contract) or implied (i.e. a reference to a different document is included, and a party may access and review such document any time).
From a practical standpoint, it is generally recommended to include Ts&Cs into a contract (as a part of the main body of the contract or as an annex thereto) to affirm that parties are aware of and agree to such respective Ts&Cs, as evidenced by parties’ signatures on a contract.
From a Ukrainian law perspective, under the CISG, the situation is the same as under national law.
Battle of Forms
Under Ukrainian law, the following situation applies: Due to its formalistic approach towards the conclusion of contracts (in writing, except for e-commerce), a Battle of Forms situation is very unlikely to occur in Ukraine. Hence, there is no case law in this regard.
From a Ukrainian law perspective, under the CISG, the same situation applies as under national law.