The system of civil contracts in the Russian Federation is of great importance for practice and is the subject of many years of detailed study of Russian legal science. The classification of ...contracts in civil law still causes controversy and debate among scientists, and so far no one has been able to propose a universal classification. The situation with the classification of contracts in the trade turnover of the Russian Federation is also difficult. Even the identification of such a category and this name raises questions and creates various opposing points of view among scientists. Indeed, in any textbook on corporate and trade law of the Russian Federation it is very difficult to find the term agreement in trade turnover, as well as to distinguish the types of such agreements. More and more often we come across concepts such as a commercial agreement or a trade agreement, however, such concepts should not be fully identified, although they have similar features. Perhaps there cannot be a uniform and accurate classification due to the fact that contract law is a very dynamically developing industry, which is constantly changing from a practical point of view, and practice, as we know, acts and does not think about fitting into the usual format, theories and classifications. In this article, a team of authors provides a unique systematization of the types of contracts used in trade turnover on the territory of the Russian Federation, analyzes and characterizes and assesses the relevance of various forms of concluding commercial contracts, and also highlights the prospects for the development of national contract law, which functions and is the most important component of trade turnover.
It has been concluded that there is a need for further differentiation of the dispositivity regimes in the regulation of contractual relations. The contractual relationship "entrepreneur - ...entrepreneur" requires the highest possible degree of discretionary provisions of the legislation governing these relations, but the freedom of contract in such relations may be limited based on the need to maintain public order, public morality, restrain monopoly, protect third parties from negative externalities arising from certain types of economic activity.
In the legal regulation of contractual relations between entrepreneurs and consumers, discretion should be applied to a relatively minimal extent. In this regard, the legislator imperatively determines the terms of contracts on which the parties must reach an agreement; regulates sample (exemplary, typical) contracts; imposes pre-contractual obligations on entrepreneurs to fully inform consumers about the properties of products offered for sale; establishes general prohibitions on unfair contractual terms; provides consumers with certain guarantees regarding the conclusion, amendment and termination of contracts, etc.
The regime of regulation of contractual relations involving individuals who are non-entrepreneurs occupies a middle position between the two above legal regimes and provides for: establishment of a relatively smaller number of legal forms of contracts that may be concluded by citizens; determination of conditions mandatory for the conclusion of contracts in the legislation; consolidation of a general prohibition on unfair contractual terms; establishment of a wider list of contracts subject to notarisation; introduction of judicial control over compliance by the parties with the requirements of the law regarding the validity of contracts, etc. Such a differentiated approach allows establishing the most equitable regime for regulating contractual relations.
The boundaries of these legal regimes are difficult to fix in legislation in a certain stable state, and must be constantly adjusted by law enforcement practice.
The agrarian market participants operate in a changing market environment. Their activities are characterized by a high level of risk, in particular, price risk, which determines the likelihood of ...failure in achieving the planned results. The purpose of the paper is to analyze the dynamics of prices for malted barley and determine the main factors influencing the price of malted barley in the agricultural market of Ukraine. The theoretical and methodological basis of the study is the scientific works of domestic and foreign authors on the problems of pricing management. Methods of data analysis, synthesis, and generalization of results are used. As a result, one can notice a high level of price fluctuations, significant price fluctuations during the year, absence of a uniform inversely proportional effect between the volume of barley production and its purchasing prices, and presence of disparity between the selling price of barley and the production costs of grain producers. The key factors that determine the price of malted barley include market saturation, grain quality, production expenditures, conditions on the market of barley fodder, contractual relations (which are sufficiently standardized but do not protect agricultural producers from risks), public policy through regulation market. The study outlined recommendations regarding the need to improve the legal regulation of relations and the development of a system to ensure the functioning of the grain market, effective cost management, introduction of innovative agrotechnologies, and financial hedging instruments.
The article considers the process of new federative relations formation in Russia by the example of one of the regions that is indicative in the research context - the Republic of Tatarstan. The ...analysis of the dynamics of the republic’s identity policy implemented by the regional elite over the past 30 years was carried out using an interdisciplinary approach. The methodology and methods of political science, sociology, and ethnology were combined in the approach used. The results of the research allow us to trace the political, socio-economic and ethno-cultural determinants of the identity policy pursued by the regional elite.
The article focuses on the conditions and grounds for conducting the formal preliminary legal due diligence of a contract as to respect of the preemptive right, which had been granted by one of the ...parties to a stranger under an agreement. This legal due diligence may be hypothetically examined during state registration of rights or notarization of transactions. According to theory of law, reasons to do thus are scientific concepts of the general duty not to interfere with others' plans. Such plans may include an agreement under the terms of which one of the parties gets a preemptive right in relation to certain property. This contractual right ensures the entitled party that he/she may preclude the legal implications of agreements between the other party and the strangers (interveners). If these persons knew or should have known of the preemptive right and entered into an agreement, which is inconsistent with that right, such agreement shall be considered as invalid and therefore cannot be notarized and cannot be subject to state registration
The basic tenet of contract law is freedom of contract, including the freedom to negotiate and the autonomy of the will of the parties. However, practice and doctrine show that many international ...commercial contracts are formed in conditions of actual inequality of counterparties. The present work is the first comprehensive study of the problem of cross-border bargaining inequality among professional merchants. The aim of the study is to systematize and critically evaluate the effectiveness of legal conditions formulated in the unified acts of international commercial law and private international law to overcome inequality of counterparties at the pre-contractual stage. The study is based on logical, formal-legal and comparative-legal methods. The results and conclusions may be formulated as follows: (1) The set of legal means to resolve the problem of unequal position of the contracting parties is represented by a complex of complementary spheres of unified normative regulation - substantive norms and conflict-of-law norms. (2) Universal conventional legal regulation of the pre-contractual stage has not been developed. (3) Recommendatory acts of substantive unification of commercial law enshrine developed models of regulation of the parties’ conduct in cross-border negotiations. The main legal means to balance the position of the counterparties is the institution of the pre-contractual liability based on the principle of good faith. (4) Both in European law and in Russian law, the conflict-of-law issue is resolved through a combination of non-contractual qualification of the pre-contractual relations and the complex nature of regulation involving the consecutive use of contractual and tort-based connecting factors. (4) Where there is inequality, conflict-of-laws must provide for an equitable solution to situations where the choice of law applicable to each of the contracting parties is not truly free, including permitting a deviation from the principle of autonomy of will. (5) In the absence of parties’ choice of applicable law, the list of criteria for establishing the closest connection between the pre-contractual legal relation and the competent legal order should be expanded: the court should be able to consider the law of the future contractual obligations’ place of performance and the law governing other related contracts.
Civil relations at its core contain regulations for the transfer or circulation of certain material assets, which are determined by belonging to a person and an owner. Each such legal relation is ...established within the limits of implementation of the legal act. The authors of the article consider the possibility of forming such a fact on the basis of the current model of civil legal relations. It should also be said that the formation of an innovative model of legal relations and their cessation in civil law allows increasing the overall social stability in society. The novelty of the study is determined by the fact that for the first time the aspects of the implementation of a legal fact in connection with the methods of stabilisation of civil legal relations through the system of forming an equilibrium model of the contract are shown. Each of the participants in the legal relationship is shown in this model as a participant in the civil turnover and termination of the legal relationship forms the possibility of developing a separate legal field. The authors of the article show that this is primarily facilitated by a system of contractual relations and it can stabilise the occurrence of any negative consequences after the cessation of relations between subjects of law. Practical application of the research is possible in draft concepts of reforming and innovative modelling of civil legal relationships and development strategies.
The article is aimed at generalizing and systematizing the theoretical bases of contraction in the agrarian sector of the economy. It is displayed that the economic content of the contraction mainly ...depends on the paradigmatic foundations of a certain school of economic theory, as well as on the economic-political factors of the country’s socio-economic development. The contents of the categorical apparatus of the contraction are specified, its subject-object area is defined. It is confirmed that in the agrarian sector of the economy, the contraction should be understood as the process of agriculture on a contractual basis between a contractor and a contractor on the basis of a pre-contracted agreement of contraction. The object of the contraction is defined by quasi-integration economic contractual relations between the contraction entities concerning the production and/or supply of products (works, services) of a certain volume, quality, at a certain time and at a fixed price. The subject of the contraction is the agreement of contraction of agricultural products, works and services. The subject composition of the contraction depends on the model of its implementation and covers contractors (agricultural producers who carry out their production activities on a contractual basis), contractants (customers) and the State (implementation of the State regulation and public supervision). The methodological bases of the contraction are generalized at the macro-level - within the contract theory (taking into account approaches to market, intra-company, industry and public coordination) and the life cycle theory; at the meso-level - the theory of transaction costs and the agency theory, in particular the theory of forced contracts; at the micro-level - the neoclassical theory of firm, the theory of strategic management and key competences. It is determined that the institutional and transactional determinants of the contraction in the agrarian sector of the economy are spatial development and placement of agro-industrial production, institutional environment of agribusiness entities, market infrastructure, technical-economic characteristics of products, uncertainty of market both in the quality and in the prices, production technology, as well as institutions of quasi-integration of the contract interaction.
The article analyses special features of legal regulation of public-private partnership (PPP) in Russia nowadays. The European experience of legal regulation is studied including the special features ...of contract relations in public-private regulation and the relations connected with the related to the distribution of property rights, costs and risks of the state and private actors. In Russian legislation PPP is considered as a way of way of attraction of business to creation of public goods. Despite the fact that Federal Law № 224-FL On Public-Private Partnership, Municipal-Private Partnership in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation consists legal bases of public-private partnership, practice shows that many questions are not regulated yet. On the example of the public-private partnership in innovation sphere it is showed that the problems of delineation of powers of the federal center and subjects, the mechanisms of long-term financing, the absence of the concept of the development of the PPP, and some problems of the system of public administration seems to be real difficulties. The improvement of the legal regulation of PPP and of the ways of financing and crediting of the PPP projects, the improvement of tax and tariff regulation, formation of legal bases and institutes of commercialization of results of innovations are proposed as possible decisions of the named problems.
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