Maxim Ar. Maslennikov, Aleksander Ig. Zemlin. Problems and features of commercial concession and franchising agreements in order to provide transport logistics services at the international level

UDK: 347.44:657.07

Maxim Ar. Maslennikov - Russian University of Transport

Aleksander Ig. Zemlin - Doctor of Law, professor, honored scientist of the Russian Federation, Russian University of Transport

Abstract. The current paper is devoted to the problems that arise in the implementation of franchising and commercial concession agreements at the international level in order to promote transport and logistics services. In the context of the study conducted within the framework of this paper, there have been made the conclusions that have both theoretical significance for the correct interpretation of the current state of national sources of law in some states and international legislation in the field of commercial concession and franchising agreements, and practical significance for further improving the legal regulation of these agreements in general. There have been analyzed the main sources of national law of Russia and the United States that regulate relations in the field of the agreements under consideration, as well as international acts. At the same time, the latter, as evidenced by their content, are more advisory in nature and have different aspects even in the field of basic concepts. The conclusions made in the paper indicate the necessity for further unification and systematization of international legislation. One of the main directions in the framework of this activity is the registration of a single international act that systematizes the norms of already existing international legislation and eliminates the contradictions between its provisions. A special attention in a more detailed legal regulation of the contracts under consideration has been proposed to be paid to regional international acts, which are most appropriate to form by analogy with the European Code of Ethics for Franchising.

Keywords: franchising; franchisor; franchisee; commercial concession; right holder; user; transport logistics.


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