Оказание культурных услуг как предмет договора

Abstract

Introduction: social relations developing in the sphere of culture are subject to legal regulation following the dynamics of socio-economic development. Under their legal nature, these relations are regulated by public and private legal means, one of which is an agreement. Despite the recognition of this agreement as one of the types of contracts for the provision of paid services, its subject is insufficiently studied by the means of the science of civil law, which creates certain problems in the field under study. The purpose of the publication is to identify the legal content of the subject of the agreement for the provision of cultural services. Methods: the research is based on the systematic method, civil law aspects of interpretation, analysis, and synthesis, as well as a comparative legal methodological technique. Results: based on lexical and legal analysis, definitions are given of the concepts of “provision of cultural services”, considered as an object of civil rights and “subject of an agreement for the provision of cultural services”, qualifying the condition without which the use of this means of legal regulation becomes impossible. Conclusions: the position is substantiated that the proper implementation of cultural activities in the current conditions of civil turnover becomes impossible without the use of an individual legal regulator of the emerging relations – an agreement. Being one of the essential conditions of such an agreement, the subject acts as a combination of actions of individuals and legal entities carried out by the contractor of services on behalf of the customer to obtain a useful intangible effect achieved with the help of the creative abilities of the contractor. The qualifying features of the subject of the agreement for the provision of cultural services are revealed.