MEANS OF LEGAL REGULATION OF RELATIONS ON RENDERING SERVICES IN THE COURSE OF IMPLEMENTATION OF BUSINESS ACTIVITIES

The article reveals the legal nature of the means of legal regulation of relations due to the provision of services in the field of modern entrepreneurship, which is insufficiently studied by the civil science. The author assesses the dynamics of the legal regulation on the basis of the analysis of the provisions of the Roman, Russian pre‑revolutionary, Soviet and modern civil legislation in the studied area. As a result of this analysis, it is established that currently the legal regulation of the provision of business services is complex and is based on the synthesis of public and private law means. The author’s proposed definition of the concept of «means of legal regulation of relations in the provision of services» in the broad and narrow sense of the word, the developed classification and legal assessment of these means contribute to strengthening the foundations of the constitutional system of Russia on the freedom of movement of services, aimed at adapting the process of implementation of civil rights in the field of business to modern socio‑economic realities. The conclusion that the contract is a means of the individual legal regulation of relations in the study area, one of the problems of which is the «unnamed» nature of many contracts for provision of various services. In order to solve this problem, a model of the «unnamed» service contract is developed, its concept is defined and the legal nature as a variety of civil law categories “transaction” and “obligation” is revealed. Based on the established legal nature of the contract is determined by its content as a set of information and conditions (essential, prescribed, initiative). This approach allows business participants to make the most complete use of contractual regulation in order to increase the beneficial effect of the provision of services.

legal regulation, entrepreneurship, services, public law, private law, legal act, licensing, government supervision and monitoring, judicial and administrative acts, self‑regulation, service contract.

Babaitseva E. A. Means of legal regulation of relations on rendering services in the course of implementation of business activities // Business. Education. Law. 2018. No. 4 (45). Pp. 279–286. DOI: 10.25683/VOLBI.2018.45.446.