International Journal of Law And Criminology
27
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue03 2025
PAGE NO.
27-29
10.37547/ijlc/Volume05Issue03-06
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
Kabilova Gulnora Rajabovna
Academic Lyceum of the Ministry of Internal Affairs of Samarkand, Samarkand, Uzbekistan
Ziyaeva Nilufar Sobirzhonovna
Academic Lyceum of the Ministry of Internal Affairs of Samarkand, Samarkand, Uzbekistan
Received:
24 January 2025;
Accepted:
25 February 2025;
Published:
23 March 2025
Abstract:
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.
Introduction:
After gaining independence in the
Republic of Uzbekistan, there was a need for civil law
regulation of property relations related to the provision
of services. This was because the Civil Code of the
Uzbek SSR, adopted on March 23, 1963 [1, p. 156],
lacked not only separate chapters, but even articles
devoted to the contract for the provision of paid
services or had no legislative consolidation at all. As a
result, participants in civil transactions were forced to
rely on similar legal norms, applying the principle of
analogy of law, which created significant legal
difficulties.
With the transition to a market economy and the need
to ensure its effective functioning, there was a need to
update the civil legislation of the Republic of
Uzbekistan. Among the key normative acts, the Civil
Code of the Republic of Uzbekistan, adopted by the Oliy
Majlis on December 21, 1995 and entered into force on
March 1, 1996 (new edition on June 24, 2003), has
acquired particular importance. This Code has new
chapters regulating such legal institutions as private
property, pledge, rent, acting in someone else's
interest without authorization, a comprehensive
entrepreneurial license and others, which has
significantly modernized civil legislation.
When introducing new legal institutions, the legislator
took into account the need to regulate the provision of
services, including in the Civil Code of the Republic of
Uzbekistan a separate chapter 38 entitled "Paid
provision of services" [2, pp. 298−300]. It is noteworthy
that the introduction of this chapter was foreseen in
advance in Article 81 of the first part of the Civil Code
of the Republic of Uzbekistan, where services are
defined as an independent object of civil rights. This
indicates that the legislator was initially aware of the
importance of separating this category of legal
relations into a separate regulatory system.
International Journal of Law And Criminology
28
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
regulation, services occupy a key place in obligation
relations. Their role is becoming more and more
important in a market economy, where civil turnover,
entrepreneurship and competition are based on
commodity-money relations and the principle of value.
As the practice of the period of independence shows,
the service sector in Uzbekistan is one of the most
dynamically developing sectors of the economy. It
covers a wide range of areas, including trade, transport,
finance, insurance and intermediary services. The
service sector also includes hotels, restaurants,
educational institutions, sports complexes, travel
companies and other organizations. Almost all
enterprises, regardless of their form of ownership,
provide services. In the context of growing production
and saturation of the market with goods, the demand
for services is constantly increasing. As a result, the
service sector is showing outstripping growth
compared to the manufacturing sector, offering new
types of services and flexibly adapting to market needs.
In the modern conditions of transition to a market
economy, the contract for the provision of paid
services, regulated by Chapter 38 of the Civil Code of
the Republic of Uzbekistan [2, p. 300], is becoming
increasingly important. This is due to several factors,
including the need to solve urgent problems that arise
in the course of its application. The Civil Code of the
Republic of Uzbekistan contains extensive rules
governing the provision of paid services, and also
allows for the application of a number of provisions on
contracting, including the rules on domestic
contracting, to such contracts.
The scope of the contract for the provision of paid
services is very wide. The Civil Code of the Republic of
Uzbekistan defines the main directions and types of
services, but practice shows that at present this area is
expanding, new types of services are appearing that
require legal regulation. The legislation provides for the
regulation of each of the areas of the contract for the
provision of paid services through the Civil Code,
special laws, regulations, rules and instructions.
The definition of a contract for the provision of paid
services is enshrined directly in the Civil Code of the
Republic of Uzbekistan. According to Article 703 of the
Civil Code, "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, p. 298]. It
follows from the content of this norm that a service is
a specific action or activity of the contractor aimed at
achieving a certain result in the interests of the
customer.
The distinction between the norms of labor and civil
law in the regulation of relations in the field of services
is somewhat difficult, especially in cases where the
contractor is an individual, and not a legal entity. Thus,
if the service is provided by an enterprise, three
subjects participate in the legal relationship: the
consumer of the service, the employee providing the
service, and the enterprise with which the employee is
in labor relations. At the same time, the subjects of
labor relations are the employee and the enterprise,
and the subjects of civil law are the enterprise and the
consumer. Such a structure makes it possible to
differentiate relations by subjects.
However, in the case when a service is provided by a
citizen, only two subjects participate in the legal
relationship: the contractor and the consumer. In this
case, the distinction is made on the basis of the object
of the legal relationship. However, the object in both
labor and civil legal relations is manifested in the
physical form of labor. It is important to determine in
which cases the physical form of labor is understood as
the process of providing the service itself, and in which
it is the final result.
In practice, this difference is expressed in the nature of
legal relations. If the object is the labor process, the
service taker is interested in the performance of a
certain labor function by the contractor for a specified
period of time. If the object is a service as the final
product of labor, the customer is interested in the
performance of a specific task.
Thus, from the point of view of the nature of relations,
two types of services can be distinguished:
•
Service as a labor process is characterized by
continuing relations. For example, a housekeeper,
nanny or driver performs a labor function for a certain
period. In this case, we are talking about labor
relations.
•
A service as a product of labor is a one-time
service. For example, caring for a sick person for a
certain time or a one-time walk with a child is a civil
legal relationship.
In addition, it should be borne in mind that there are
civil relations that have a long-term nature, but are not
related to labor. For example, the services of a family
doctor or lawyer are provided as needed, and payment
is made for each specific service, and not for the entire
period of the contractual relationship. In the event that
the parties have entered into a property agreement
providing for payment for the period of time during
which the contract is in force, such relations may be
recognized as labor relations. However, in most cases,
International Journal of Law And Criminology
29
https://theusajournals.com/index.php/ijlc
International Journal of Law And Criminology (ISSN: 2771-2214)
patients and clients seek the services of a doctor or
lawyer as needed and pay for a specific service, which
confirms their civil law nature.
Thus, intangible services, depending on the nature of
the need to be satisfied, can be regulated by both labor
and civil law. If the object of the legal relationship is the
service process itself, the norms of labor law apply. If a
service is considered as a product of labor, then it falls
under civil law regulation.
The main difference between an employment contract
is that an employee is hired for a specific position or
specialty (according to the staffing table) and is subject
to the internal rules of the organization.
The specifics of an employment contract are
manifested in several aspects. Firstly, the performance
of duties by an employee, as a rule, requires his
inclusion in the team of the organization. Secondly, the
employee must perform his duties independently,
since labor relations are based on the application of his
professional skills. Thirdly, the key feature is
compliance with the norms of the labor regulations
established in the organization, including the working
regime and the orders of the employer. When
employing under a contract, the employer is obliged to
issue an order (Article 82 of the Labor Code of the
Republic of Uzbekistan), as well as maintain
employment record books for employees working
more than five days. However, when concluding a civil
law contract, there are no such requirements, and the
order is not issued. In addition, when drawing up a
contract for the provision of paid services, an
employment record book is not kept.
The issue of remuneration is also regulated by different
norms. In accordance with the Labor Code of the
Republic of Uzbekistan, wages are paid at least once
every six months, while the terms are established by a
collective agreement or other local regulatory act. In
the case of a civil law contract, the cost of services, the
procedure for payment and the terms are determined
by agreement of the parties, and payment, as a rule, is
made upon completion of work.
CONCLUSION
Thus, another difference is the distribution of risks. In
labor relations, the employer is responsible for the
inability to perform work, while in civil law relations,
the contractor bears the risk of non-performance or
non-performance of work for objective reasons.
Disciplinary measures also differ. The employer has the
right to apply disciplinary sanctions to employees who
violate labor discipline. However, to persons working
under a service contract, Such measures cannot be
applied, and in case of violations, only termination of
the contract is possible.
Thus, the main border between labor relations and civil
law contracts lies in the sphere of their legal regulation:
labor relations are subject to the norms of labor law,
and civil law relations are regulated by civil law.
REFERENCES
Civil Code of the Uzbek SSR of January 1. 1964.
Tashkent: M-vo Justice of the Uzbek SSR, 1964.
Civil Code of the Republic of Uzbekistan of June 24,
2013 Tashkent: Adolat, 2013.
On tourism: the law of the Republic. Uzbekistan from
24 Aug. 1999 g. // Vedomosti Oliy Majlisa Rep.
Uzbekistan. 1999. No8, art. 45.; On Postal
Communications: the Law of the Republic of Belarus.
Uzbekistan from 26 Aug. 2000 g. // Vedomosti Oliy
Majlisa Rep. Uzbekistan. 2000. No8, p. 89.
On certification of products and services: Law of the
Republic of Uzbekistan of 24 dec. 1993. // Vedomosti
Oliy Majlisa Rep. Uzbekistan. 1993. №12.
Trudovoy kodeks Respubliki Uzbekistana ot 24 iyunya
2013 g. Tashkent: Adolat, 2013.
Shopulotova Z., Kobilova Z., Shopulotov S. URINATION
DISORDERS IN PREGNANT WOMEN // Science and
innovation.
–
2023.
–
No. D12.
–
P. 774-777.
Shopulotova Z. A., Zubaydilloeva Z. K. THE VALUE OF
ULTRASOUND DIAGNOSTICS IN PREGNANT WOMEN
WITH CHRONIC PYELONEPHRITIS.
–
2023.
–
T. 1.
–
№.
9.
–
P. 19-22.
Shopulotova Z. A., Zubaydilloeva Z. K. PERINATAL
CARDIOLOGY: PREGNANCY AND CONGENITAL HEART
DEFECTS.
–
2023.
–
T. 3.
–
№. 9. –
P. 55-59.
Shopulotova Z., Kobilova Z., Bazarova F. TREATMENT
OF COMPLICATED GESTATIONAL PYELONEPHRITIS IN
PREGNANTS // Science and innovation.
–
2023.
–
No.
D12.
–
P. 630-634.
Khudoyarova D. R., Kh K. Z., Kh Z. Z. ARRHYTHMIAS IN
PREGNANCY: TACTICS OF PATIENT MANAGEMENT
//Eurasian Journal of Medical and Natural Sciences.
–
2024.
–
Т. 4. –
№. 9. –
С. 119
-123.
