EIJMRMS ISSN: 2750-8587
VOLUME04 ISSUE10
15
IMPROVEMENT OF THE CONTRACT FOR THE PROVISION OF PAID SERVICES IN THE
CIVIL LAW OF THE REPUBLIC OF UZBEKISTAN
Kabilova G.R.
Samarkand, Uzbekistan
AB O U T ART I CL E
Key words:
Contract, services, types of services,
contract for the provision of paid services,
employment contract.
Received:
02.10.2024
Accepted
: 07.10.2024
Published
: 12.10.2024
Abstract:
The article is devoted to the
consideration of the contract for the provision of
paid services on the basis of the civil legislation of
the Republic of Uzbekistan and the issues of its
improvement. A contract for the provision of paid
services is one of the key elements of the civil
legislation of the Republic of Uzbekistan. It
regulates the relationship between the parties,
where one party (the contractor) undertakes to
provide certain services, and the other party (the
customer) undertakes to pay for these services.
The definition and content of the contract for the
provision of paid services are given, the features,
legal characteristics and classification of types of
contracts for the provision of paid services in the
areas of economic and socio-cultural activities are
considered. The article discusses the complexity
of distinguishing between the norms of labor and
civil law in the regulation of relations for the
provision of services, which is manifested in cases
where the service is provided by an individual,
and not by a legal entity. The distinctive features
of an employment contract and a contract for the
provision of paid services on the basis of civil and
labor legislation of the Republic of Uzbekistan are
considered. Certain proposals are formulated to
improve the civil legislation of the Republic of
Uzbekistan in the field of application of the
contract for the provision of paid services.
VOLUME04 ISSUE10
https://doi.org/10.55640/eijmrms-04-10-03
Pages: 15-19
EUROPEAN INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH
AND MANAGEMENT STUDIES
ISSN: 2750-8587
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INTRODUCTION
According to the Civil Code of the Republic of Uzbekistan, a contract for the provision of paid services
is an agreement that establishes the rights and obligations of the parties. The main elements of the
treaty include:
Subject of the contract: a clear definition of the services that will be provided.
Rights and obligations of the parties: specification of what the contractor must do and what the
customer expects.
Price of services: the amount of remuneration for services rendered, the procedure and terms of
payment.
A contract for the provision of paid services may be concluded in writing or orally, depending on its
nature and scope. However, to protect the interests of the parties, it is recommended to draw up the
contract in writing, especially if the services are complex or high-value. The contractor is obliged to
perform services efficiently and within the time specified in the contract. The customer, in turn, is
obliged to pay for the services in the agreed amount. If the services were provided improperly, the
customer has the right to demand the elimination of deficiencies or a reduction in payment. The Civil
Code establishes that in the event of improper performance of obligations, one of the parties may be
liable for losses. This can include both direct losses and lost profits. A contract for the provision of paid
services may be terminated by agreement of the parties or if one of the parties fails to fulfill its
obligations. It is also possible to terminate the contract on other grounds established by law.
The service sector, as can be seen from the practice over the years of independence, is one of the most
promising, rapidly developing sectors of the economy of the Republic of Uzbekistan. It covers a wide
range of activities, from trade and transport to finance, insurance and intermediation. Hotels and
restaurants, laundries, hairdressers, educational, sports institutions, travel agencies and others belong
to the service sector. Almost all organizations, regardless of the form of ownership, provide services. As
production becomes more complex and the market is saturated with goods, the demand for services
grows. The service sector is ahead of the production sector in terms of growth rates and the emergence
of new types of services, in its adaptation to the needs of the market and consumers.
EUROPEAN INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH
AND MANAGEMENT STUDIES
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At present, this contract, which is covered by Chapter 38 of the Civil Code of the Republic of Uzbekistan
"Paid Provision of Services" [2], occupies an increasingly prominent place in the country's economy in
the modern conditions of transition to market relations. This is explained by several reasons.
Developing, in the modern conditions of a market economy, a contract for the provision of paid services
reveals topical problems that should subsequently be regulated by civil legislation. The categories of
services are quite widely enshrined in the Civil Code of the Republic of Uzbekistan, which contains a
number of chapters regulating the provision of paid services. The rules of Chapter 38 of the Civil Code
of the Republic of Uzbekistan follow extensive regulatory material on contractor-type relations, and it
provides for the possibility of applying to contracts for the provision of paid services not only the
general provisions on contracting, but also a number of provisions on domestic contracting. The scope
of application of a contract for the provision of paid services is very diverse. The Civil Code of the
Republic of Uzbekistan defined the scope of application and the main types of services. But, based on
practice, it can be seen that at present the scope of this contract is expanding, new types of services are
emerging, which subsequently need civil legal regulation. Each area of the contract for the provision of
paid services is regulated by the Civil Code of the Republic of Uzbekistan, laws, regulations, rules and
instructions.
The definition of a contract for the provision of paid services is given in the Civil Code of the Republic
of Uzbekistan. Thus, in accordance with Article 703 of the Civil Code of the Republic of Uzbekistan,
"under a contract for the provision of paid services, the contractor undertakes to provide services
(perform certain actions or carry out certain activities) that do not have a material form, and the
customer undertakes to pay for these services" [2]. It follows from the content of Article 703 of the Civil
Code of the Republic of Uzbekistan that a service is a certain action or a certain activity carried out by
the contractor on the instructions of the customer. These actions or activities are aimed at achieving a
certain goal.
In the specialized literature, there is a widespread point of view that a service does not produce a
material result and does not exist after the completion of the service provider's activities, otherwise the
relations that have arisen are mediated by obligations to provide services. The presence or absence of
the result does not affect the decision on the liability of the service provider. The qualifying factor is the
performance by the service provider in good faith of all the necessary actions to achieve the goal set by
the customer. In the case of the provision of an intangible service, the payment for the service provider's
activities does not depend on whether or not the result of the useful effect of the service has been
achieved - the service as such is "paid". The definition of a contract for the provision of paid services,
EUROPEAN INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH
AND MANAGEMENT STUDIES
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provided for by Article 703 of the Civil Code of the Republic of Uzbekistan, reveals (by including in
brackets) the meaning of the phrase "to provide services". To do this, the law uses such definitions as
"to perform certain actions" or "to carry out certain activities". Such a technique is apparently due to
the need to clarify the insufficiently clear initial part of the text of paragraph 1 of this article, in which
the words "to provide services" are reused after the title of the contract.
Characterizing the content of the contract for the provision of paid services, some authors recognize its
main feature as the absence of the material form of the services provided. But this statement does not
agree with the essence of a number of relations mentioned in paragraph 2 of Article 703 of the Civil
Code of the Republic of Uzbekistan. Services are actions, the results of which are inseparable from the
provision activity itself, i.e. the provision and consumption of services "coincide". Services can be:
material, which materialize in the object or place of the consumer of services; intangible, which do not
have any embodied result, the result of the service cannot be guaranteed, and it is inseparable from the
activity itself.
CONCLUSION
Thus, intangible services, depending on what need is satisfied, can be the subject of legal regulation of
both labor and civil law. The object of a legal relationship is one of the parties to a service as an economic
category. A service as a legal category should be understood as one of the aspects of the economic
concept of service. If the object of a legal relationship is the process of service, legal regulation is carried
out by the norms of labor law. if the service is a product of labor - by the norms of civil law.
REFERENCES
1.
The Civil Code of the Uzbek SSR of Jan. 1. 1964. Tashkent: M-vo Justice of the Uzbek SSR, 1964.
2.
Civil Code of the Republic of Uzbekistan of June 24, 2013 Tashkent: Adolat, 2013.
3.
On tourism: the law of the Republic. Uzbekistan from 24 Aug. 1999 g. // Vedomosti Oliy Mazh-lisa
Rep. Uzbekistan. 1999. No8, art. 45.;
4.
0 postal communication: the law of the Republic. Uzbekistan from 26 Aug. 2000 g. // Vedomosti Oliy
Majlisa Rep. Uzbekistan. 2000. No8, p. 89.
5.
On Certification of Products and Services: Law of the Republic of Uzbekistan dated 24 Dec. 1993. //
Vedomosti Oliy Majlisa Rep. Uzbekistan. 1993. No12, p. 35.
6.
Labor Code of the Republic of Uzbekistan dated June 24, 2013 Tashkent: Adolat, 2013.
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7.
Burkhanova L. M. Legal Regulation of the Agreement on the Provision of Paid Services in the Civil
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