Keyword: «freedom of contract»

The article deals with some problems associated with such a principle of civil law as the principle of freedom of contract. Namely, given the legislative limitations of this sectoral principle, primarily related to construction-she is a public agreement and the adhesion contract. It is concluded that the objective relevance of this civil law principle and that the limitations of the principle of freedom of contract are guarantees of its implementation, as unlimited exercise of subjective civil rights is not allowed.

The article analyzes current issues of legal regulation of residential commercial tenancy agreements in the Russian Federation. It examines legislative gaps related to the absence of a statutory definition of commercial tenancy, uncertainty of the parties’ legal status, imbalance between landlord and tenant rights in contract termination, difficulties of state registration of long-term leases, and allocation of utility payment obligations. Particular attention is paid to judicial practice and the legal positions of the Constitutional Court of the Russian Federation. The author substantiates the need to improve Chapter 35 of the Civil Code through targeted amendments ensuring legal certainty and balanced protection.