The Contract for the Performance of Sociological Research Using the Questionnaire Method (Legal Qualification, Content of the Contract, Contract Formation)

Abstract

Currently, neither conclusion nor execution of the contract for the performance of sociological research have legal regulation. The paper proves that the contract under consideration refers to civil contracts for the provision of services. Thus, in case of a dispute, the general rules of Chapter 39 of the Civil Code of the Russian Federation (“Reimbursable Services”) should be applied. The ICC/ESOMAR Code applies to sociological services relations if the parties in the agreement between them have stated the provisions of the ICC/ESOMAR. The essential terms of the contract for the performance of sociological studies using the questionnaire should include: the subject matter of the contract; the type and characteristics of the information collected; the method of research; the study respondents; confidentiality of respondents’ personal data; the term (period) and the place of the study. The subject matter of the contract under consideration covers the main actions of the parties: the performer conducts the sociological research (collects, purposefully processes and transmits certain information), and the customer accepts and pays for services rendered. The collected data is intended for establishing and analyzing social trends, patterns of social development, solving the problems of the society as a whole, population groups and a separate team. Non-essential terms of the contract for the performance of sociological studies using the questionnaire method include the terms stipulating the method of conducting the questionnaire, the quality of the research, the registration of the result of the study and the procedure for the transfer of information, the amount and procedure of remuneration for services rendered, the terms regulating liability for non-performance of the duties of the parties. The author proposes to enshrine in the law a simple written form of any kind of contract for the performance of sociological research regardless of the price of the contract, the personality of the customer and the performer indicating that failure to comply with the simple written form of the contract entails its invalidity.