Comparative analysis of the legal regulation of relations on the provision of fee-based services

Abstract

Relevance. The relevance of the problem stated in the paper is conditioned upon the fact that relations for the provision of fee-based services are in great demand and occupy an important place in the global economic arena: starting with trade and ending with the satisfaction of specific needs of people.Purpose. The purpose of the paper is a comparative legal analysis of legal structures regulating these specific legal relations and their comparison with foreign models.Methodology. The leading method to study this problem is the method of comparison and analysis, which allows considering this problem as a purposeful and organised process in historical and legal retrospect, as well as the evolutionary path of a contract for the provision of fee-based services, a contract and an employment contract in various legal systems.Results. The study was conducted in three stages: analysis of the categories "service" and "result" in theoretical and practical aspects, study of the model of the historical development of a particular legal institution, completion of comparative legal work, clarification of theoretical and practical conclusions, generalisation and systematisation of the results obtained.Conclusions. The significance of the studied results is demonstrated by the following: the study of legal structures led to conclusions, namely, the need to clearly distinguish between contracts for the provision of fee-based services and a contract; secondly, to make a comparative analysis of the terms of an employment contract with models of legal relations for the provision of fee-based services; thirdly, to qualify legal structures of national legislation and legislation of foreign countries. This study helps to better understand the structure of relations for the provision of fee-based services not only in the Republic of Kazakhstan but also in such states as the Federal Republic of Germany, the USA, England.