“Organization and technique of contractual work” - course 69,900 rubles. from MSU, training 6 weeks. (1.5 months), Date: September 28, 2023.

Topic 1. Modern approaches to the organization and technique of contractual work.

1.1. The concept of contractual work as a type of law-organizing activity of people to create and use contractual instruments for economically significant purposes. The contract as the main legal means of solving modernization problems. The importance of contractual work at the macroeconomic and microeconomic levels. The main stages of contractual work (preparatory stage, stage of creating contractual instruments, stage of application and support contracts, the stage of closing contracts, assessing the results of contractual work), their content and impact on the final economic results. Principles of contractual work: legality, good faith and fair business practices, reasonableness, cooperation, balance of private and public interests, technology, continuity, efficiency and initiative.

1.2. Instrumental support for contractual work. Types and scope of practical application of legal and organizational means of contractual work. Concept and classification of legal means of contractual work. Types, purpose and practical application of legal regulations (international treaty, law, regulatory legal act, local legal act) and non-normative means (contracts and unilateral transactions, incentives, means of protection, auxiliary means, non-normative legal, including judicial acts). Application of organizational means of contractual work.

1.3. Techniques for forming and structuring systems of contractual relations. Special judicial doctrines for the analysis of systems of contractual relations. The concept of a system of contractual relations. Basic elements of the contractual system. Types of contractual systems: adjacent, closed, connected. Techniques for forming and structuring systems of contractual relations. Special judicial doctrines for analyzing systems of contractual relations (reasonable business purpose doctrines, beings above form, transaction in steps, etc.) as a tool for identifying abuses of the right to freedom agreement.

1.4. The procedure and technique for creating (development and execution) of contractual instruments. Application of contract schemes, contract templates, standard contract terms, etc. General requirements for a contract (legality, conditionality of reasonable business goals, adequacy of the literal content of the text of the contract of the economic essence of the business transactions mediated by it, the inadmissibility of “bypassing the law” through agreement, etc.). Classification of contractual terms and technological sequence of their development (developed and not developed, implied and perceived, prescribed and proactive). Risk management through proactive contract terms. Application of contract schemes, contract samples, standard conditions, contract layouts and their conditions in the practice of contract work. Texting of contractual terms and their recording on paper and electronic media. The general procedure for concluding an agreement, the grounds and practice of recognizing the agreement as not concluded. Conclusion of an agreement through negotiations, through accession, during the bidding process, through the exchange of standard conditions, by sending a “confirmation of the terms of the concluded agreement.” Main risks and ways to minimize them. Verification of authority to conclude a contract.

1.5. Conclusion of contracts at organized auctions. Features of concluding contracts with non-profit organizations. Functions of organized trading. Types of auction organizers. Methods of concluding contracts at organized auctions. Features of the legal capacity of non-profit organizations.

Topic 2. Techniques for concluding and executing certain types of contracts

2.1. Development and support of implementation contracts. Concept and classification of sales contracts. Types of conditions of implementation contracts. Development of conditions on the subject of the contract. Determining the quality of the product in the sales contract. Risks when concluding an implementation agreement. Organization of execution of the implementation agreement.

2.2. Development and support of contract agreements, paid services. Trends in judicial practice in determining the content of work contracts and paid services. Peculiarities of responsibility of the parties under contracts and paid provision of services. Agreements for conducting marketing research: features of conclusion and execution. Information and advertising contracts: essential conditions, risk assessment of the parties when concluding contracts.

2.3. Development and support of lease agreements. Modern approaches to judicial practice on lease agreements. Types of lease agreements. The main disputes related to the conclusion and execution of lease agreements.

2.4. Conclusion and execution of contracts in the field of public procurement. Regulatory legal regulation of public procurement. Methods of concluding contracts in the field of public procurement.

Topic 3. Taking into account legal requirements when conducting contract work.

3.1. Taking into account the requirements of customs legislation when developing contractual terms. Customs Union and legal regulation of establishing individual requirements in the contract (on quality, packaging, etc.).

3.2. Taking into account the requirements of antimonopoly legislation when developing the terms of the contract. Basic legislative prohibitions and restrictions regarding antimonopoly regulation. Coordination of transactions with antimonopoly authorities: cases and procedure. Protection of the rights of entrepreneurs in interaction with antimonopoly authorities. General characteristics of antitrust disputes typical for contractual work. Disputes about the imposition of contract terms, unjustified coercion and refusal to conclude contracts. Disputes about abuse of dominant position and unfair competition, incl. by concluding vertical and horizontal agreements. Antimonopoly risks of using distribution agreements.

3.3. Taking into account the requirements of corporate legislation when developing contractual terms. Accounting for the requirements of the constituent documents of a legal entity. Obtaining corporate approvals. Trends in judicial practice on related party transactions and major transactions.

3.4. Taking into account the requirements of tax legislation. General characteristics of tax disputes related to contractual work. Disputes about the unjustification of a tax benefit due to failure to exercise due care and diligence when choosing a counterparty, in connection with lack of a reasonable business purpose for the contract, non-compliance of the contract price with the level of market prices, improper execution of the contract documentation. Recommendations for strengthening the legal position on the relevant category of disputes.

Address

G. Moscow, territory of Moscow State University named after M.V. Lomonosova, Leninskie Gory, d. 1, p. 13

Show on the map