RESTRICTIONS AFFECTING THE ENTRY AND IMPLEMENTATION OF PUBLIC AGREEMENTS CONCERNING THE PROVISION OF SERVICES IN RESTAURANT HOUSEHOLDS
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article provides a general description of a public contract, as well as identifies its features, among which attention is paid to the provisions that allow business entities to establish the terms of such contracts in cases where they do not contradict the current legislation. The terms of this type of contract should be absolutely identical for all persons, the exception being only preferential buyers or consumers, and such benefits should be provided for in the legislation. As a general rule, when concluding or executing a public contract, preference is prohibited to any person, exceptions are cases expressly provided for by current legislation. In this connection, the system of restrictions applied in the restaurant industry, for example, the rules of individual institutions operating in the state, has been investigated. It has been determined that the age control system is aimed at ensuring the norms of legislation in the field of child care, in terms of prohibition to persons who have not attained the age of sixteen to independently attend catering establishments. The face control system is designed to restrict access to a particular place to certain categories of persons who, for one reason or another, do not meet certain criteria. Based on the analysis of the rules of establishments operating in the restaurant industry, it has been established that face control is designed to ensure the safety of visitors to such an establishment and does not imply the commission of discriminatory acts, and therefore does not contradict the provisions of current legislation. The rules of the dress code also cannot be considered discriminatory, since they are aimed at maintaining the image of the institution, and to moral and ethical norms and rules. As a result, the author concluded that such rules are not discriminatory, but are special conditions of a public contract that need to be standardized and enshrined at the legislative level.
Authors and Affiliations
Елла Валентинівна Вакулович
Keywords
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