THEORETICAL APPROACHES TO THE LEGAL CHARACTERISTICS OF CONTRACTS FOR THE PROVISION OF CONSULTING SERVICES

Abstract

The article is devoted to important theoretical
and practical aspects of contractual regulation of
relations related to the provision of consulting
services. The article notes the lack of a unified
approach to the content of the concept of "consulting
services" and the unnamed nature of the contract for
the provision of the specified services. Based on the
analysis of doctrinal approaches, as well as the
provisions of the International Consulting Standard
ISO 20700:2017, the National Classifier KVED-2010,
etc., the content (understanding) of consulting
services is studied. It is established that the subject of the contract for the provision of consulting services
can be represented by both a separate consulting
service and complex consulting services (consulting
product). It is noted that the consulting product goes
beyond professional consulting and has additional
components, such as consulting research, consulting
support, etc. At the same time, it is noted that
consulting services can be provided as an
accompanying (auxiliary) in the structure of the
subject component of other contractual types and
types. The legal characterization of the contract for
the provision of consulting services is carried out as a
bilateral, paid, consensual contract with an
individualized offer, which is inherent in the fiduciary
(trust) nature. The importance of the activities of
international and national self-regulatory
organizations (SROs) in the field of consulting
services, which contribute to the development of this
area, is emphasized. The need to adopt the Law of
Ukraine "On Consulting Activities and Consulting
Services" is emphasized as an important step towards
the development of the domestic market of consulting
services, ensuring its transparency and competitiveness in today's conditions, as well as an adequate level of protection of the rights of consumers of consulting services.

Keywords: consulting services, consulting services, consulting research, consulting support, consulting service product, contract for the provision of consulting services.