The Russian regulation of the services contracts

Streszcz. w j. ang. s. 139-140

The article concerns the russian regulation of the services contracts. russian (as well as Polish) civil law, including law of services, has always developed in the framework of continental legal tradition. These codifications are based on provisions and norms of civil codes of european countries. the russian lawmaker also takes into account the process of the europeanization of private law and cooperates with lawyers from different european countries, in particular with dutch lawyers. Provisions on obligations are set out in sections 3 and 4 of the russian civil code. the general provisions for contractual obligations are considered to be a part of the general provisions for obligations. special norms for contrac-tual obligations are contained in section 4 "Particular types of obligations" of the russian civil code. each type of obligations is treated in a separate chapter. the chapters on such obligations basically have the following structure: general provisions and special provisions concerning each subtype of the type of obligation. generally speaking, the structure of the russian civil code is based on the "direction" of the regulation - from general to special norms, but in many places of special parts of the law of obligations there are special norms with references to general rules of the law of obligations or even to the general part of the civil code. Further, it has to be noted that the russian civil code plays the role of the "primus inter pares" in the russian system of sources of law (legal acts), although such a unique meaning of the civil code is not justified in the light of the sources of law covered in the constitution of the russian Federation. another important characteristic of the provisions of the russian civil code is associated with the nature of these norms. in this code there is a certain "presumption" of an imperative nature of legal norms contained in the civil code. therefore, the russian civil code does not rely on the assumption of "what is not prohib-ited by mandatory legal norms is allowed", but rather on an assumption according to which the law sets out a framework of freedom of action, including freedom of contract. the special part of the law of obligations (section 4 of the law of obligations) which includes some of their 100 types and subtypes. the system of special obligations (types of contracts) in the russian civil code comprises four main groups: contracts for the transfer of property (including contracts for the use of property), contracts for performance of "work" (facere), service contracts, and contracts for the creation of an organisation (e.g. partnership contracts). it is common for the russian and Polish civil law that currently both are subject to recodi-fications. russian lawyers and politicians are working on the development of the existing civil code on the basis of the "concept of development of civil law of the russian Federation" which was prepared in 2009.