Contracts for the provision of chargeable services under the legislation of Russia and Kazakhstan
Authors:   Maqsut Narikbayev University, Idrysheva S. K. 
Published: February 2025

Introduction. The relevance of the topic is due to the fact that in economic, legal and judicial practice problems arise with the qualification of contractual legal relations for the provision of paid services. Often, actions for the transfer of energy and energy resources (energy supply contracts), actions for the performance of work (contract agreements) are qualified as services. Such features of contracts for chargeable services as their public nature are not taken into account. Citizens-customers are not recognized as consumers, as a result of which claims for compensation for moral damage are not satisfied; even in cases of correct qualification, the general provisions on work contracts and the rules on household contracts do not additionally apply. In scientific works and sections of textbooks, when characterizing contracts for chargeab le services, the characteristics we have named are not considered in their entirety.
Materials and Methods. The materials for the study were the norms of civil legislation of the Republic of Kazakhstan and the Russian Federation on contracts for chargeable services, materials of judicial practice and the positions of scientists on the topic under consideration expressed in the doctrine. Among the methods of scientific research, both general scientific and specific scientific ones were used, including the formal legal method and the method of comparative law.
Analysis. The study is based on the analysis of general provisions on contractual obligations for the provision of chargeable services using examples of their presentation in the Civil Codes of the Russian Federation and the Republic of Kazakhstan. The author’s justification for combining a big array of contractual structures in one small chapter of the Civil Code is given. When considering the civil law characteristics of contracts for the provision of paid services, the author provides examples of judicial practice to confirm theoretical provisions, as well as the positions of various scientists on the issues under consideration. Issues about the public nature of many contracts for the provision of chargeable services are considered, the need to apply to many contractual structures the rules on work contracts and household contracts in particular, as well as the application of legislation on the protection of consumer rights in legal relations with the participation of individual customers is substantiated.
Results. Conclusions are drawn about the public nature of many contracts for the provision of chargeable services, providing grounds for additional protection of the rights of customers. The important theoretical and practical significance of the rules on the application of contract provisions to contracts for the provision of chargeable services is noted. The position is substantiated on the recognition of customers-citizens purchasing services for personal, household and other consumption not related to production / entrepreneurship as consumers and the application of relevant legislation to them, including the right to compensation for moral damage.