FEATURES OF USING STANDARD FIDIC CONTRACTS

Smirnov Ivan Viktorovich

this publication discusses the legal features of the use of standard professional forms of the International Federation of Consulting Engineers (FIDIC) on the territory of the Russian Federation when performing construction, engineering, consulting, engineering works, as well as when providing services for the operation of ready-made civil and infrastructure facilities. The possibility of applying FIDIC professional forms from the point of view of domestic civil legislation is being studied. It is noted that the use of standard contracts of the International Federation of Consulting Engineers has legal significance only after an individually defined agreement has been concluded between the parties in accordance with the basic principles of Russian civil law. The author draws attention to the fact that the general civil law mechanism for concluding FIDIC model contracts in the Russian Federation fully meets the requirements for concluding contracts. An overview of the FIDIC proforma forms themselves in adaptations in Russian is given, special attention is paid to the Red and Yellow Books. In addition, the content of the Golden Principles of the International Federation of Consulting Engineers is displayed, through which the essential terms of the contract are disclosed and the substantive parameters of the FIDIC contract as such are formulated. In conclusion, it is concluded that the use of standard FIDIC contracts in the Russian Federation contributes to the expansion of the regulatory framework in terms of the settlement of legal relations between participants in the construction market, and the possibility of borrowing international recommendation forms is conditioned by the dispositive nature of Russian civil law.

Keywords:FIDIC, standard proforma, civil legislation, construction, engineering, contract conclusion