Legal Regulation of the Franchise Agreement in Russian Federation and Abroad

Memorandum is devoted to the analysis of practical and theoretical issues of the current regulation of the franchise agreement in the framework of a comparative legal study of Russian and foreign legislation and law enforcement practice. The main task is to analyze and answer the questions posed on the basis of the theory and practice of applying the legislation on franchising with examples of their resolution by foreign legislation and judicial practice. Due to the lack of special regulation in Russian law and practice, for most of the considered problems of applying the franchising contractual structure in Russia, conclusions were made about possible ways of resolving them based on the existing legal mechanisms, including recommendations for contractual regulation of certain not allowed by law questions. As part of the study, issues of conceptual apparatus were considered, namely, the ratio of franchising contracts and commercial concession, their essential conditions, the specifics of realization of the right holder’s obligation to provide the necessary information to the user in a comparative analysis with the institution of pre-contractual information disclosure, the user's duty to use the transferred set of exclusive rights and not to disclose transmitted confidential information. The subjects of the conclusion are also the issues of correlation of the restrictive terms of the franchise agreement with the principle of freedom of contract, as well as parties’ prosecution, including to third persons.