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Civil law. Part II. Concept, characteristics and elements of contracts for the implementation of scientific research (R&D), experimental design (R&D) and technological work (the most important)

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110. CONCEPT, CHARACTERISTICS AND ELEMENTS OF CONTRACTS FOR THE PERFORMANCE OF SCIENTIFIC RESEARCH (R&D), EXPERIMENTAL DESIGN (ROD) AND TECHNOLOGICAL WORKS

On contract for the performance of research work the contractor undertakes to conduct scientific research determined by the customer’s technical assignment, and according to contract for the performance of experimental design and technological work - develop a sample of a new product, design documentation for it or a new technology, and the customer undertakes to accept the work and pay for it (clause 1 of article 769 of the Civil Code).

Characterization these agreements: consensual, bilaterally binding, reimbursable.

The subject each of the contracts is:

▪ contracts for research work - the research itself, i.e. the work as such;

▪ agreement for the implementation of design and development work - the result of the work, i.e. a sample of a product, documentation for a product or technology.

By the parties of these contracts are the contractor and the customer. Both individuals and legal entities with special knowledge in a particular field of science and technology can act as executors. Any subjects of civil law, including the Russian Federation and its subjects, can act as customers.

Form contracts - written.

Period These contracts can be of three types:

▪ validity period of the contract itself (work completion date);

▪ start date for the work;

▪ deadlines for completing individual stages of work, which are usually specified in a calendar plan or other similar document. As a rule, the contractor is given the right to complete work ahead of schedule, the results of which must be accepted by the customer.

Price of both contracts is established by agreement of the parties and includes compensation for the costs of the contractor (depreciation of equipment, consumption of materials, etc.), as well as the wages themselves. Most often, the price of the work is determined by drawing up an estimate. The estimate is prepared by the contractor and, from the moment it is confirmed by the customer, becomes an integral part of the contract. The price of the work (estimate) can be approximate or fixed (Article 709 of the Civil Code). Payment can be made upon completion of individual stages of work or upon completion of all works.

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