Legal Regulation of Franchising: Comparative Analysis

The Final qualification work is devoted to comparative legal analysis of legislation on franchising in the Russian Federation and Australia. The relevance of this study is due to the high popularity of the present form of vertical integration throughout the world, due to the mutual benefit of the parties to the treaty and the relatively small percentage of closing enterprises franchisee in the first few years and its great importance for the national economy of the country. The purpose of this study is a comprehensive comparative analysis of existing concepts of the Russian and Australian legislation in the field of franchising (commercial concession), judicial practices, and their scientific evaluation, formulation and argumentation of the author's position on a number of provisions and recommendations for improving legal regulation of relations in this sphere in the Russian Federation. In work the analysis of legislation was concluded synonymical of the concepts of "franchise agreement" and "contract of commercial concession". This Institute in Russia is regulated in Chapter 54 of the Civil code of the Russian Federation, and in Australia created a special law – Competition and Consumer (Industry Codes – Franchising) Regulation 2014, which regulates the relations of the parties in all stages of relationship: pre-contractual, contractual and post-contractual. Laws contain the same essential terms of the franchise agreement and almost the same requirements for good faith conduct of the parties. There are conceptual differences in the regulation of a number of provisions, such pre-contractual stage, the existence of liability of the parties (completely individual responsibility or the franchisor subsidiarily with the franchisee is responsible to the consumer). It is established that in Australia due to the pre-contractual stage, the position of the parties is maximally balanced, whereas in the Russian Federation is noticeable that the franchisee is the weaker party