Legal nature and limits of application of penalty in commission legal relations in the field of military-technical cooperation

Abstract

The commission agreement is a familiar, well-established legal form in commercial relations, and therefore the regulation of its foundations (subject matter, essential conditions, responsibility of the parties, etc.) in domestic civil law has not undergone significant changes for a long time. At the same time, it should be noted that there are areas of economic activity, the specificity of the relations of the parties in which requires not only a revision of certain well-established ideas about the elements of a commission agreement, but also involves a special legal regulation of commission relations with “interspersed” elements that are not characteristic of traditional ideas about commission relations. One of such spheres, where this manifests itself in the most obvious, “convex” form, is military-technical cooperation. In the proposed article, the authors analyze the norms of the Civil Code of the Russian Federation on the commission agreement, by-laws from the standpoint of their possible interpretation, taking into account the structure of cooperative relations of participants in the military-technical cooperation, the goals and objectives of the military-technical cooperation for the effective regulation of military-technical cooperation, approaches to judicial practice. The authors substantiate the thesis that the specifics of the commission agreement in the field of military-technical cooperation implies the possibility of applying special measures of responsibility of the committents to the commission agent - the state intermediary.