Комплексная правовая характеристика договоров возмездного оказания образовательных услуг

Abstract

The distinctive features of contracts for the provision of services in civil law are defined and characterized, highlighting the features inherent in contracts for the provision of educational services. The degree of regulation of these contracts in civil legislation is determined. The classification of contracts for the provision of services in civil science is considered, with the allocation of the criterion of remuneration and subjectivity. It is proved that the contract for the provision of educational services has, in addition to the civil nature, also the features of a public law contract. The attribution of these agreements to accession agreements is justified. The public nature of the educational services provided makes it possible to define contracts for such services as public, which extends to them the norms of civil legislation governing such types of contracts. It is determined that the results of educational services provided under contracts are subject to quality guarantees regulated by the Civil Code of the Russian Federation, which are considered in the context of two groups: legal and contractual. Analysis of the relations regulated by the contract of compensated rendering of educational services, was allowed to come to the conclusion that he has a dual legal nature, combining features of civil law and public contract governed by the general rules of civil law on paid services, special norms of the law on education and regulations on consumer protection.