Contemporary Problems of Social Work Современные проблемы социальной работы academic journal

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14.  Shilovskaya A.L. The Legal Status of Apartments // Legal Matters of Immovable Property, 
2015. No. 2.
15.  Simon Lambert. Buy-to-Let Mortgages: How They Work, What you Need to Know and How to 
Get the Best Deals // Thisismoney.co.uk, 2015.
16.  Sitdikova L.B., Guseva L.L. The Legal Regime of Subjects in Sphere of Mortgage Housing 
Lending // The Topical Problems of Russian Legislation, the Collection of articles, Moscow, 
2010. P. 42–45.
17.  Starodumova S.Yu. A Concept of Immovable Property in Civil Law // Legal World. 2015. No. 5. 
P. 42–45.
18.  Starodumova S.Yu.  A Concept and Types of Immovable Things in Civil Law // Business in a 
Law. An Economic-Legal Magazine, 2015. No. 3. P. 52–55.
19.  Volkova M.A., Starodumova S.Yu. Rights in Rem: Modern State and Development Prospects 
// Topical Problems of Russian Legislation. A Collection of Articles: No. 9. M.: RSS, 2015. 
P. 121–131.
20.  Zhirov A. The Legal Status Of Apartments: Analysis of the Judicial Practice // Housing law. 
2011. No. 12. P. 47–58.
REFERENCE TO ARTICLE
 
Kukarskaya, K.V. (2016) Socio-Economic Problems of a Mortgage Note, Contemporary Problems 
of Social Work. Vol. 2. No. 1 (5). P. 136–142. DOI: 10.17922/2412-5466-2016-2-1-136-142 
(International bibliographic description).

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143
VOLUME 2, No. 1, 2016
Pakhomova E.P.,
postgraduate student, Russian State Social University, Moscow.
E-mail: [e-mail]
 UDC 
347.45.47
 DOI: 
10.17922/2412-5466-2016-2-1-143-149
Theoretical Approaches and Legal Framework 
for the Formation of the Concepts
 of “Service” and “Internet Service”
Receiving date:
22.01.2016
Preprint date:
25.02.2016
Taking to print date:
28.03.2016
Annotation: the article deals with the history of the concept of “service” in the modern civil law, 
examines a number of legislative and theoretical approaches to the concept of “service”, distinguishes the 
role of internet services in the world today, examines the standpoints of different authors on the content of 
the commitments relating to internet services. The author of the article offers her own classification of the 
obligations on the provision of internet services.
Key words: services, Internet services, Internet.
Like most of the definitions used by the modern civil law, the concept of “service” is of ancient 
origin. For the first time, the legislative consolidation of services agreement occurred in the Roman 
private law. In ancient Rome, there were several types of employment contracts: location conductio 
rerum (things), locatio conductio operarum (services), location conductio operis (labor).
Under a services contract (locatio conductio operarum) one party (locator, i.e., the employee) 
assumed an obligation to provide the other party (conductor – the employer) with certain 
services, and the employer undertook to pay for these services the remuneration provided for 
by such services contract. In accordance with the rules of this agreement the employee would 
provide the employer with its capacity for implementation of labor.
Given the widespread popularity of slavery in Ancient Rome, such a contract did not enjoy 
a great popularity – hard physical works were performed by slaves, and the labor of people of 
intellectual professions – lawyers, doctors, teachers, according to the Roman law was not paid 
for by private individuals. During the period of the Roman Republic a law was passed according 
to which such persons were paid remuneration – honorarium – from the state treasury. Thus, the 
services contract was used primarily for household works. According to the well-known expert 
on Roman law, professor I.B. Novitsky, in contrast to the works contract, which was designed to 
provide the finished result of works by the contractor, the subject of the services contract was 
considered by the Romans as performance of individual services as directed by the employer 
whereby the employee, who undertook to perform the said works for a fee, in fact became a slave 
[13]. It was the availability or absence of materialized result of employee’s actions that became 
a criterion for differentiation between works contracts and services contracts in Roman law. 
Such an understanding of the results of works and services delivery was transferred from Roman 
law to the Roman-Germanic Law system.
The history of Russian State and Law also witnesses the long practice of using such a 
contractual structure in our country. Compensated rendering of services has been regulated 

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CONTEMPORARY PROBLEMS OF SOCIAL WORK
in the Russkaia Pravda by Yaroslav the Wise, the Law Codes of 1497 and 1589 of princes of 
Moscow, the Council Code of 1649. In case of concluding of such a contract, a free man became 
a vassal of the feudal lord. Such contract differed from slavery by the fact that the employee 
retained his rights, the contract was concluded for a specific term or to perform particular works, 
after finishing of which the employee received a fee and left. The legislation provided for the 
possibility of early termination of the contract and payment of penalties by the party improperly 
fulfilling the terms and conditions of the contract.
A significant contribution to the establishment of the legal status of paid services agreement 
was made in the 19th century during the preparation of the Law Book of the Russian Empire. 
This law enshrined an employment agreement to regulate a significant number of services which 
was ancestorial for the modern paid services agreement.
According to Article 2201 of the Civil Laws Code household services; agricultural, handicraft, 
factory and plant works, trade and other crafts; services on the discharge of other types of works 
and jobs, not prohibited by law can constitute the subject of employment agreement [9].
The Law Book of the Russian Empire regulated the rights and obligations of the parties 
to the agreement, the term of the agreement, the payment, the form of agreement and the 
consequences of non-compliance to it, in a word, all the essential terms of the agreement. In 
such form the services agreement existed until the revolution of 1917.
In Soviet times the services agreement has lost its role in the economy. It was replaced by 
the employment contract – in the socialist society there could be no relationships in which 
one person performs work for another. The category of “service” in the legislation encountered 
occasionally. Thus, in the Civil Code of the RSFSR of 1922 services were mentioned only as a 
contribution made by a party to a simple partnership (Article 277). Article 228 of the Civil Code 
of the RSFSR of 1964 states that “the organization, which paid for goods and services, shall 
obtain from the other party a document certifying the payment of money and its grounds”.
Such disregard for services is related to the fact that there were two spheres in the USSR 
centrally planned economy: material production sphere and non-productive sphere. Namely 
due to the material sphere the increment of the national income and GDP occurred. In turn, 
the non-productive sphere existed only through the allocation of funds from the national 
income. Thus, the research conducted by economists of the USSR had a specific direction, 
“everything is subordinated to one goal – obtaining information about the tangible product 
production” [17].
This approach can be easily explained if we recall that the Soviet Union used the Marxist 
theory of economy. In accordance with the definition given by Karl Marx, “...a service is nothing 
but the beneficial effect of a use value of goods or labor embodied in goods, other services, by 
contrast, do not leave tangible results, existing apart from the performer of these services; in 
other words, their result is not suitable for the sale of goods” [10].
The existing ideology has led to the fact that only household services to the population 
were included in the non-productive sector of economy. As noted by A.Yu. Kabalkin, the 
greatest attention was paid to relations of service to public, established in the retail trade, 
public catering, in the performance of various works under orders of the population, rental of 
household goods and other property for personal use, the transportation of passengers and 
baggage, storage of things, in the transactions of the USSR Savings Bank, in the state personal 
and property insurance, lease of residential premises, in the area of cultural services, etc. [5].
All other services were not in demand, which had not the best possible effect on the Soviet 
economy. As a result, in the 70s of the 20th century the interest in the study and development 
of the concept of services re-emerged in the scientific community. Two approaches to the 
“services” concept appeared at the time. Some scientists have considered services to be an 
activity itself, a specific form of labor, and others considered services to mean a result of labor, 
the useful effect of activity [6, 23]. As noted by L.V. Sannikova, these approaches to the nature 

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