Comparative Analysis of the Historical Development of the Legal Regulation of the Preliminary Contract in the Russian Federation and Some CIS Countries

Abstract

At present, the Commonwealth of Independent States (CIS) consists of nine former Soviet republics, including the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation and Ukraine (although Ukraine has a controversial status in the CIS, the CIS governing bodies continue to consider Ukraine a member state of the Commonwealth). These countries that constitute the Commonwealth of Independent States are among the largest foreign trade partners of the Russian Federation. The legislative system of these countries also has a common historical origin. Based on this, it is very important to analyze the international legal norms and the norms of national legislation governing and ensuring the sustainable development of foreign economic cooperation. In the context of close economic integration, commercial relations generate economic interdependence of countries. Trade and economic relations between organizations, associations and firms of different states are carried out through the conclusion of cross-border agreements. The most appropriate legal form of planning and fixing the intention of the parties to make a deal in the future is a preliminary contract and similar protocols of intentions. In this regard, the authors pay considerable attention to the analysis of legal regulation of pre-contractual interaction of the parties and liability for violations preceding the conclusion of the principal contract. The article deals with the wording of pre-contractual transactions and types of liability in the civil law of the Russian Federation and some countries of the Commonwealth of Independent States (CIS). Choosing the legal framework as an object of comparison is due to the objective similarity of cultural and historical grounds and the current socio-economic situation in these countries. These countries: 1) belong to the same type of culture; 2) have experienced a powerful impact of communist ideology; 3) solve similar socio-economic problems at the present stage of development. The article discusses the need to form an independent institution of pre-contractual liability in the civil law of the Russian Federation as one of the guarantees of compliance with contractual discipline.  In this connection, it is useful to study the experience of foreign countries with a similar legislative system in this area.