Legal regulation of the contract for the provision of paid services in the civil law of the republic of Uzbekistan and aspects of its improvement

Аннотация

The article analyzes the contract for the provision of paid services in accordance with the civil legislation of the Republic of Uzbekistan, as well as considers the directions for its improvement. The service sector in Uzbekistan is one of the most dynamically developing sectors of the economy, which necessitates further improvement of legal regulation in this area characteristic features, legal nature and classification by spheres of economic and socio-cultural activity. Particular attention is paid to the problem of differentiation between the norms of labor and civil law in the regulation of relations for the provision of services, especially in cases where the contractor is an individual, and not a legal entity. An analysis of the distinctive features of an employment contract and a contract for the provision of paid services based on the norms of civil and labor legislation of the Republic of Uzbekistan is carried out. In conclusion, proposals are formulated to improve the civil legislation of Uzbekistan in this area. Keywords: Contract for the provision of paid services, civil law, legal regulation, Republic of Uzbekistan. March 1, 1996 (new edition on June 24, 2003), has Introduction: After gaining independence in the acquired particular importance. This Code has new Republic of Uzbekistan, there was a need for civil law chapters regulating such legal institutions as private regulation of property relations related to the provision property, pledge, rent, acting in someone else's of services. This was because the Civil Code of the interest without authorization, a comprehensive Uzbek SSR, adopted on March 23, 1963 [1, p. 156], entrepreneurial license and others, which has lacked not only separate chapters, but even articles significantly modernized civil legislation. devoted to the contract for the provision of paid services or had no legislative consolidation at all. As a When introducing new legal institutions, the legislator result, participants in civil transactions were forced to took into account the need to regulate the provision of rely on similar legal norms, applying the principle of services, including in the Civil Code of the Republic of analogy of law, which created significant legal Uzbekistan a separate chapter 38 entitled "Paid difficulties. provision of services" [2, pp. 298−300]. It is noteworthy that the introduction of this chapter was foreseen in With the transition to a market economy and the need advance in Article 81 of the first part of the Civil Code to ensure its effective functioning, there was a need to of the Republic of Uzbekistan, where services are update the civil legislation of the Republic of defined as an independent object of civil rights. This Uzbekistan. Among the key normative acts, the Civil indicates that the legislator was initially aware of the Code of the Republic of Uzbekistan, adopted by the Oliy importance of separating this category of legal Majlis on December 21, 1995 and entered into force on relations into a separate regulatory system. International Journal of Law And Criminology 27 https://theusajournals.com/index.php/ijlc International Journal of Law And Criminology (ISSN: 2771-2214) Being a significant part of the subject of civil law customer. regulation, services occupy a key place in obligation The distinction between the norms of labor and civil relations. Their role is becoming more and more law in the regulation of relations in the field of services important in a market economy, where civil turnover, is somewhat difficult, especially in cases where the entrepreneurship and competition are based on contractor is an individual, and not a legal entity. Thus, commodity-money relations and the principle of value. if the service is provided by an enterprise, three As the practice of the period of independence shows, subjects participate in the legal relationship: the the service sector in Uzbekistan is one of the most consumer of the service, the employee providing the dynamically developing sectors of the economy. It service, and the enterprise with which the employee is covers a wide range of areas, including trade, transport, in labor relations. At the same time, the subjects of finance, insurance and intermediary services. The labor relations are the employee and the enterprise, service sector also includes hotels, restaurants, and the subjects of civil law are the enterprise and the educational institutions, sports complexes, travel consumer. Such a structure makes it possible to companies and other organizations. Almost all differentiate relations by subjects. enterprises, regardless of their form of ownership, However, in the case when a service is provided by a provide services. In the context of growing production citizen, only two subjects participate in the legal and saturation of the market with goods, the demand relationship: the contractor and the consumer. In this for services is constantly increasing. As a result, the case, the