Some Features of Determining the Powers of the Parties in Contracts for the Provision of Paid Services

Abstract

The subject of this study is the state of the mechanism of legal regulation of social relations currently developing regarding the implementation of contractual structures of work and provision of services for a fee. For this purpose, the study uses both general scientific (synthesis, analysis, induction) and private legal (formal legal, comparative legal) methods. In particular, to achieve the goals set in the study, a set of regulatory legal acts regulating individual conditions for concluding contracts for work and services depending on the specifics of the legal status of the parties was studied, and an overview of individual norms from these documents was given. It is noted that the main right of the contractor or performer is the right to receive payment for the fulfilled obligation, and the obligation is conditioned by the essence of the emerging legal relations. At the same time, the main obligation imposed on the customer is to pay remuneration to the contractor or performer, simultaneously with which, within the framework of the contract, the customer also has the obligation to accept the result of the work. The study notes that the rights of the customer are practically not disclosed within the framework of the provision of paid services, and the only right is designated unilateral refusal to perform the contract. The novelty of the study lies in the critical review of individual provisions of the acts of the current civil legislation, the possibility of their effective implementation in practice. The study proposes directions and solutions for improving the legislation on the features of the form of contracts, conditions for recognizing the validity of contracts for work and paid provision of services.