Assessment of the Effectiveness of Legal Instruments Used to Develop Franchising Relations in Russia

Abstract

The article analyzes the effectiveness of legal instruments that are used for the development of franchising in Russia. Despite the demand for franchising and the already formed idea of it as an instrument that allows you to start entrepreneurial activity, which will bring income, the legal regulation of legal relations in this area is not developed enough. A significant drawback is the refusal to recognize the franchise contract as an independent civil law contract that has its own specifics, including in terms of the legal status of the participants, the fulfillment of obligations, as well as the possibility of protecting the violated right. The application of rules on similar legal institutions, including commercial concessions, does not fully ensure legal protection for the subjects of a franchise agreement. The result of insufficient legal regulation is the inability to defend interests that is more clearly manifested in relation to franchisees. The lack of support for Russian franchisees is reflected in a decrease in the demand for franchises. It is not taken into account that the franchisees are mostly representatives of small and micro-enterprises, which implies the need to attract additional attention from the state to them. This is partly due to the essence of the franchise agreement itself, when the business begins under the leadership of a successful enterprise that consistently generates income. In addition, the possibility of registration of franchises has not yet been implemented, which complicates the qualification of legal relations and the allocation of franchising to an independent group. According to the results of the study, the article formulated ideas regarding the possibilities of using legal instruments in order for such a promising direction as franchising to develop in Russia.