Contracts for the provision of chargeable services under the legislation of Russia and Kazakhstan

Introduction. The relevance of the topic is due to the fact that in economic, legal and judicial practice problems arise with the qualification of contractual legal relations for the provision of paid services. Often, actions for the transfer of energy and energy resources (energy supply contracts), actions for the performance of work (contract agreements) are qualified as services. Such features of contracts for chargeable services as their public nature are not taken into account. Citizens-customers are not recognized as consumers, as a result of which claims for compensation for moral damage are not satisfied; even in cases of correct qualification, the general provisions on work contracts and the rules on household contracts do not additionally apply. In scientific works and sections of textbooks, when characterizing contracts for chargeab le services, the characteristics we have named are not considered in their entirety.
Materials and Methods. The materials for the study were the norms of civil legislation of the Republic of Kazakhstan and the Russian Federation on contracts for chargeable services, materials of judicial practice and the positions of scientists on the topic under consideration expressed in the doctrine. Among the methods of scientific research, both general scientific and specific scientific ones were used, including the formal legal method and the method of comparative law.
Analysis. The study is based on the analysis of general provisions on contractual obligations for the provision of chargeable services using examples of their presentation in the Civil Codes of the Russian Federation and the Republic of Kazakhstan. The author’s justification for combining a big array of contractual structures in one small chapter of the Civil Code is given. When considering the civil law characteristics of contracts for the provision of paid services, the author provides examples of judicial practice to confirm theoretical provisions, as well as the positions of various scientists on the issues under consideration. Issues about the public nature of many contracts for the provision of chargeable services are considered, the need to apply to many contractual structures the rules on work contracts and household contracts in particular, as well as the application of legislation on the protection of consumer rights in legal relations with the participation of individual customers is substantiated.
Results. Conclusions are drawn about the public nature of many contracts for the provision of chargeable services, providing grounds for additional protection of the rights of customers. The important theoretical and practical significance of the rules on the application of contract provisions to contracts for the provision of chargeable services is noted. The position is substantiated on the recognition of customers-citizens purchasing services for personal, household and other consumption not related to production / entrepreneurship as consumers and the application of relevant legislation to them, including the right to compensation for moral damage.

1. The Supreme Court protected a patient from incompetent doctors. URL: https://pravo.ru/story/200246/ (accessed: 05.11.2023) (In Russ.).

2. The Civil Code of the Republic of Kazakhstan (Special Part). Code of the Republic of Kazakhstan dated July 1, 1999 No. 409. URL: https://adilet.zan.kz/rus/docs/K990000409_ (accessed: 05.10.2023) (In Russ.).

3. The Civil Code of the Russian Federation. Part Two. Adopted by the State Duma on December 22, 1995. URL: https://www.consultant.ru/document/cons_doc_LAW_9027/ (accessed: 05.10.2023) (In Russ.).

4. Default judgment dated August 12, 2020. Butyrsky District Court of Moscow, civil case No. 2-2368/2020 URL: https://www.mos-gorsud.ru/rs/butyrskij/cases/docs/ (accessed: 02.11.2023) (In Russ.).

5. Idrysheva SK. Public contract in the civil law of the Republic of Kazakhstan: problems of theory and practice: thesis. Moscow, 2012. 443 p. (In Russ.).

6. Klimenko SV. Contract for the provision of non-clinical psychological services for a fee in the Russian Federation: Abstract of thesis. Moscow, 2007. 26 p. (In Russ.).

7. Lapach V.A. System of objects of civil rights: theory and judicial practice. St. Petersburg: Legal Center PRESS, 2002. 544 p. (In Russ.).

8. Miroshnik AV. Provision of services for a fee in the civil law of Russia: thesis. Moscow, 2003. 172 p. (In Russ.).

9. Model Civil Code for the CIS Member States (part two) (St. Petersburg, May 13, 1995). URL: https://online.zakon.kz/Document/?doc_id=30076084 (accessed: 10.10.2023) (In Russ.).

10. Nazarova MG. Fulfillment of an obligation under a contract for the provision of services for a fee. Dissertation for the degree of candidate of legal sciences. M., 2022. 195 p. (In Russ.).

11. On public health and the healthcare system. Code of the Republic of Kazakhstan dated July 7, 2020 No. 360-VI ZRK. URL: https://adilet.zan.kz/rus/docs/K2000000360 (accessed: 03.11.2023) (In Russ.).

12. On Education. Law of the Republic of Kazakhstan dated July 27, 2007 No. 319-III. URL: https://adilet.zan.kz/rus/docs/Z070000319_#z0 (accessed: 02.11.2023) (In Russ.).

13. Definition of the Supreme Court of the Russian Federation dated 06.07.2015 in case No. 306-ES15-8613. URL: https://vsrf.ru/stor_pdf_ec.php?id=1349562 (accessed: 12.10.2023) (In Russ.).

14. Definition of the Supreme Arbitration Court of the Russian Federation dated 06.04.2012 No. VAS-3505/12 in case No. A27-2468/201. URL: https://iskivsem.ru/faq/633 (accessed: 11.10.2023) (In Russ.).

15. Definition of the Supreme Court of the Russian Federation dated 07/06/2015 in case No. 306-ES15-8613. URL: https://vsrf.ru/stor_pdf_ec.php?id=1349562 (accessed: 11.04.2023) (In Russ.).

16. On Communication. Law of the Republic of Kazakhstan dated July 5, 2004 N 567. URL: https://adilet.zan.kz/rus/docs/Z040000567_#z704 (accessed: 11.03.2023) (In Russ.).

17. Resolution of the FAS of the North Caucasus District dated 06/01/2012 in case No. A61-1874/2011. URL: https://iskivsem.ru/faq/633 (accessed: 12.10.2023) (In Russ.).

18. The right to withdraw from a contract for the provision of paid services on a take-or-pay basis. URL: https://www.pgplaw.ru/analytics-and-brochures/alerts/pravo-na-otkaz-ot-dogovora-vozmezdnogo-okazaniya-uslugna-usloviyakh-beri-ili-plati/ (accessed: 02.11.2023) (In Russ.).

19. Decision of the Pavlodar City Court dated February 25, 2019 in case No. 5510-18-00-2/23043. URL: https://sud.gov.kz/rus/court-acts (accessed: 06.11.2023) (In Russ.).

20. Stepanov DI. Services as an object of civil law. Abstract of a dissertation for the degree of candidate of legal sciences. Moscow, 2004. 36 p. (In Russ.).

21. Fedorova YuM. Agreement on the provision of educational services in the field of higher professional education for a fee. Abstract of thesis. Tomsk, 2010. 25 p. (In Russ.).

22. Encyclopedia of judicial practice. Provision of services for a fee. Unilateral refusal to fulfill an agreement on the provision of services for a fee (Article 782 of the Civil Code). URL: https://base.garant.ru/57589861/#block_14 (accessed: 06.11.2023) (In Russ.).