LEGAL NATURE OF THE SECURITY CONTRACT OF THE PRIVATE PROPERTY OBJECTS

The security contract of private property objects is widely used in business practice, but among the lawyers studying the security contract, there is no consensus on its legal characteristics. The article examines the legal nature of the security contract of private property objects and compares it with other contracts. The author raises the following problems: the presence of a materialized result in the security contract of private property objects; its relation to the storage contract; gratuitousness of the security contract of private property objects. When considering the issue of publicity of the security contract of private property objects, is considered its price, the reasons for possible refusal to conclude a contract by private security organizations and non‑departmental security units of the national guard of the Russian Federation. The article concludes that the studied contract should be distinguished from the contract on information security. The question of differentiation of these contracts may arise in the qualification of contractors’ actions in case of storage media theft or destruction of information from the memory of a personal computer by violator. Based on the analysis of legal literature and materials of judicial practice, the author comes to the conclusion that the security contract of private property objects is a bilateral binding contract; it is not a public contract and is not of a confidential character. The author concludes that the considered contract can be commutative contract or gratuitous contract. Thus the security contract of private property objects can be gratuitous only for certain groups of citizens defined by the law.

security contract, private property, legal nature of the contract, services agreement, gratuitousness, contract of work and labor, private security firm, non‑departmental security units, public contract, contract of storage.

Kuznetsova A. S. Legal nature of the security contract of private property objects // Business. Education. Law. 2018. No. 4 (45). P. 340–345. DOI: 10.25683/VOLBI.2018.45.432.