A Contract as a Ruling Mechanism of Organizational Relationships in the Russian Civil Law

Introduction. The article seeks to investigate the problems of the contractual normative legal regulation as a mechanism ruling the organizational relationships in the national civil law. The relevance of this topic is induced by the theoretical and practical importance of the certain contract designs (preliminary agreement, framework agreement), their legal regulation features in the up-to-date settings. One of the objectives of the contemporary civil law is to create the designs of the contracts that ensure the stable development of the civil turnover in the context of the current economic situation development in the country and in the world. The economic relationships typical for the market of goods and services require the legislative norms for designing the contracts, thus it is important to have the efficient mechanisms ruling the economic relationships between the parties of a transaction. Being an important element of the civil turnover, the norms, which are currently used in the design of the certain contracts (preliminary agreement, framework agreement) need further improvement. The aim of the present research is to analyse the legal regulation ensured by the contract designs (preliminary agreement, framework agreement) in the Russian Federation, identify the problems arising during their legal enforcement and possible ways to solve them.

Materials and Methods. In the frame of the research, a combination of the general scientific and specific methods of legal reality cognition were used. Among the methods actively used to carry out the research there were the system-structural, comparative-legal, legalistic, logical methods.

Results. It has been proved that the most important advantage in the designs of the certain contracts (preliminary agreement, framework agreement) is the possibility for the parties to build the flexible relationships, which thus acquire the longer-term character. In the context of the changing economic situation and the civil turnover requirements in the Russian Federation, the design of the contracts in question needs constant legislative improvement, therefore a number of provisions have been developed to foster further theoretical analysis of such important phenomena as a framework agreement and a preliminary agreement, and their application in the legal enforcement practices.

Discussion and Conclusions. The problems referring to application of the certain contract designs (preliminary agreement, framework agreement) in the context of the Russian civil turnover have been identified. This makes the conducted research not only up-to-date, but also helps to define the trends for improving the new approaches to understanding the studied problem in the doctrinal, legislative and practical aspects.

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