On the Legal Nature of the Contract on Voluntary (Volunteer) Activity: Comparative Legal Analysis

Abstract

Today, legislators define the legal nature of the contract on voluntary (volunteer) activity in Russia in the form ranging from civil law to a complex contract, but the scope and limits of incorporation of related legislation remain open, which causes legal uncertainty, so it seems appropriate to analyze foreign models of regulation of voluntary (volunteer) activities. The two foreign models of regulation of volunteer relations through agreements are based on different ideas. German law elevates voluntary activity to the rank of service (alternative to civil service) and scrupulously fixes all issues of voluntary service in the law, setting the responsibility of the volunteer as a priority. The social significance of voluntary activity, resorting to the norms of administrative and labor legislation makes it possible not only to burden the volunteer, but also to protect him. The English model shows an example of a liberal approach, it is aimed at maximum separation of the subject from the employment agreement (contract). However, the agreement does not become part of the civil law field, remaining a moral obligation outside the legal field. The main point here is the freedom of expression of volunteers, which primarily provides for the possibility of a volunteer at any time to refuse to perform the functions. In Russia, the relationship between a volunteer and an organization is formed by a civil law or complex agreement on voluntary (volunteer) activities (mono — or multi-industry). The choice in favor of a multi-industry complex agreement is due to the high qualification of the volunteer’s assistance. It is necessary to proceed from a closed list of issues that can / should migrate from labor law to a contract on voluntary (volunteer) activity; these issues should be enshrined in the law, for example, restrictions related to employment in certain areas, provisions on the protection of personal data.