Perspectives for the application of the provisions on indemnity established by FIDIC Silver Book in the field of construction contracts in Russia

Abstract

The object of the study is the institute of compensation for property losses, fixed in one of the standard contracts of the International Federation of Consulting Engineers (FIDIC) - the Silver Book. The FIDIC Silver Book is the most interesting for providing a universal contract base in Russia, as a task set by the Government of the Russian Federation in the Strategy for Exporting Services until 2025. It is in this proforma that the main conditions of the EPC are reflected: design work, purchase of materials, construction work. One of the tools common in the Anglo-Saxon legal system is indemnity, which has appeared relatively recently in domestic civil law. By allowing you to manage the risks of construction projects, this institution is attractive to investors and parties to a construction contract. The authors investigate the provisions on indemnity, fixed in the FIDIC Silver Book, to establish the possibility of their application in the field of construction contracts in the territory of the Russian Federation. The authors used such methods as: analysis, synthesis, comparative law, deduction, induction. The scientific novelty of the study is due to the fact that there are few works devoted to the applicability of the terms of FIDIC contracts in Russia, and there are practically no studies on the applicability of the conditions for compensation of losses fixed in them. However, in order to achieve the goals set by the Service Export Strategy until 2025, it is necessary to find out whether there are significant contradictions between the terms of FIDIC contracts and the norms of national legislation that prevent their application in Russia. The most interesting are the prospects for applying the provisions on compensation for property losses fixed in standard contracts, which are quite attractive both for the parties to the contract and for investors. In this regard, a special contribution of the authors to the study of the topic is the establishment of the applicability in Russia of the provisions on compensation for property losses fixed in the FIDIC Silver Book. Within the framework of this scientific work, it was revealed that most of the analyzed provisions do not contradict the mandatory norms of Russian law.