Problems of Ensuring the Balance of Private and Public Interests of Parties to Implementing Agreements on Business Activity

Abstract

The article is devoted to the issues of ensuring the balance between private and public interests of the parties to implementing agreements on business activity (contracts on conditions of activity) within the borders of territories with a special economic regime. The author comes to the conclusion that the current legislation does not secure the interests of contractors parties to the agreements in question to the full extent, and offers solutions to the named problems. As one of the problems the author considers the absence of a clear indication in the legislation of to which branch of law implementing agreements on business activity in special economic zones should be assigned. Consistently substantiating the civil law nature of such agreements, the author considers it necessary, in order to eliminate possible disputes concerning the branch of law to which agreements in question belong, to supplement the legislation with provisions that would determine the civil nature of such agreements. Also, the article underscores that ensuring the balance of the parties' interests is prevented by the fact that in the legislation with regard to implementing agreements on business activity (business terms agreements) the rules concerning the liability of their parties are either absent or not sufficiently stipulated. In this regard, it is advisable to point out that each of the counterparties to the business agreement (business terms agreements) should be held liable in accordance with the current legislation of the Russian Federation.