Subcontract under the legislation of Ukraine and the legislation of the EU

Abstract

The object of this article is social relations that arise in the process of researching civil-law relations in the field of providing services under a contract and a subcontract. And the subject of the study is the comparative characteristics of the contract under the legislation of Ukraine and the legislation of the EU countries.
 In the 60s of the last century, contracts for the provision of services and contracts for the performance of works began to be distinguished in domestic construction and in the construction of foreign countries. The basis for distinguishing between these contracts is that the obligation to perform work and the obligation to provide services mediates economic relations regarding the provision of services, but the services have a dual nature (material and immaterial), which led to the difference in their legal regulation.
 The contract for the provision of services is one of the oldest institutions of private law, the origins of which can be found in Roman law. In classical Roman law, there are detailed contractual structures that mediate the process of providing services. At the same time, it should be noted that there was no detailed definition of their concept in Roman law.
 In Roman law, a contract for the provision of services is understood as a group of contracts under which one party undertakes to provide certain services for the benefit of another party (the lessor), and the lessor – to pay a set fee for these services.
 Probably, initially, the contract for the provision of services was not a special type of contract, and therefore did not have an established contractual structure. Only with the development of trade and civilized thinking, the contract for the provision of services is brought under one of the established structures.
 Consideration of the peculiarities of the legal regulation of subcontracting and subcontracting under the civil legislation of Ukraine and foreign countries is not only interesting, but also relevant. The relevance of this topic lies in the fact that one of the main trends in the development of the modern economy is the rapid growth of the service sector, which covers a wide range of activities aimed at meeting the personal needs of the population and the needs of production, as well as the needs of society as a whole: from trade, transport and financing to insurance, mediation and consulting. The methodological basis consists of the general scientific method of learning legal reality, as well as the following methods: comparative-legal, structural- functional; methods of document analysis, synthesis.
 A subcontract is a civil law contract under which one party (the contractor) undertakes at its own risk to perform certain work on behalf of the other party (the customer), and the customer undertakes to accept and pay for the work performed.