In the event that the institution provides paid services, it must ensure the correct documentation of the transaction in order to protect itself from any subsequent claims from all kinds of regulatory bodies, and also from possible property losses. Is it necessary to conclude an agreement with the customer in the form of one document, or will it be possible to limit myself, for example, to just invoicing? The risks associated with the provision of services without a contract will be discussed later. 
Which contract can be rightfully considered concluded?
Institutions take part in civil circulation on an equal basis with certain legal entities, acquiring the corresponding rights and obligations in exactly the same order as all participants in legal relations. In accordance with article No. 432 of civil law, a contract can be considered concluded if an agreement was reached between the parties in proper form on all, without exception, the essential conditions of a future document. For example, the provision of transport services.
According to the general rule, the conditions on the subject matter of the agreement are essential. These also include those provided by law or other legal acts. Thus, the legislation provides the conditions and requirements necessary for contracts, regarding which, based on the application of one of the parties, one or another agreement should ultimately be reached. Now we will consider what subtleties are involved in the provision of services without a contract.
The provision of services: significant nuances
In situations where the subject of the contract is indicated by an indication of a specific activity, the range of proposed actions on the part of the contractor is determined on the basis of negotiations preceding the conclusion of the document, and in addition, correspondence and practices that have been established in mutual relations between the parties. In this case, the custom of business turnover is also taken into account, along with the subsequent behavior of the parties and the like. All necessary clarifications regarding this issue are given in an information letter from the EAC Presidium. Directly the subject of the contract for the provision of services for a fee is determined in article No. 779 of civil law. According to the relevant contract, the contractor is obliged to provide his services on an assignment, that is, to perform certain actions by carrying out specific activities, and the customer, in turn, must pay all financially. This is how a home master works. 
When is a contract considered concluded?
No other conditions of this type of contract are considered essential by law. So, the contract for the provision of services is considered concluded if it lists the actions that the contractor must perform, or gives an activity that he is obliged to perform. According to civil law, a contract is recognized as concluded immediately upon receipt by the person who submitted the offer of its acceptance. Any offer must necessarily contain the essential conditions of the contract.
The need for writing
Any transactions of legal entities that are conducted between themselves and with citizens must be made in the usual written form. The contract can be concluded by drawing up one document, which is signed and approved by both parties.In addition, it can be concluded by exchanging securities through mail, telegraph, teletype, telephone, electronic or other communication. The main thing is that as part of the transmission of information it is possible to establish reliably that the required document comes from the party under the contract.
In addition, according to the general rule, the written form of the contract is considered to be complied with if the person who received the offer within the time period established for its adoption has completed the implementation of the conditions of the document that were indicated in the proposal. 
What actions can be performed?
For example, as part of the fulfillment of the conditions, the following could happen:
- Goods were shipped.
- The provision of services took place.
- All proposed work was fully completed.
- The payment of the corresponding amount has been made.
Any other requirements may be prescribed by law, legal acts or indicated in the offer. Is it possible to provide services without concluding a contract? Let's figure it out.
In order to recognize actions by the addressee of the offer as acceptance, the legislation does not require the fulfillment of the conditions in full. It is enough that a person who receives an offer or a contractual project proceeds with its implementation in accordance with the conditions specified in the document. Moreover, it is important to fulfill everything in a strictly established period for acceptance.
With regard to the agreement for the provision of services for services, it is emphasized that the actual use of the services should be considered as an acceptance of the offer, which was proposed by the party performing the work. For this reason, these relationships should be considered contractual. Is this a service without a contract?
Contract is not required
Thus, in order to recognize the fact that legal relations have been established between both parties, it is not necessary that the agreement itself be in the form of one document, which was signed by the parties. In the event that participants in civil relations carry out actions with which the legislation connects the appearance of contractual obligations and rights, this means that a civil law document of the type that meets the legal nature of these measures was drawn up and concluded between them. 
Risk assessment
Now consider the fact of concluding the document. Legal risks in this case may be related to the impossibility of establishing the fact that both parties reached an agreement on the subject of the contract. That is, it may not be possible to confirm that a contract for the provision of services was actually concluded between certain parties to the transaction. The solution to this problem directly depends on the content of the documents that were drawn up by the parties. At the same time, it is taken into account whether the actions taken by the contractor with a sufficient level of specification are reflected in the documentation, which would allow us to conclude that a contract for the provision of services was actually concluded between the parties.
Bilateral act
They confirm the actual provision of services by the contractor thanks to a compiled bilateral act, which reflects the content of all actions performed. Thus, the document indicates the actions that were committed by the contractor. The home master can also apply this. The unified form of this act does not exist. Consequently, the holding of the contract details in the act, in particular the date and number, is absolutely not required. In the act, it will be enough just to detail the services provided so that the contents of this document clearly show which specific actions were performed by the contractor and which were accepted by the customer when providing services without a contract.
Actually committed actions
The fact that the performer performed certain actions along with the implementation of certain activities, which can be characterized as services, as well as their acceptance by the customer, directly indicates the conclusion by both parties of the corresponding agreement. In judicial practice, the provision of services without a contract is a frequent occurrence. 
According to article No. 435 of civil law, a written proposal to conclude an agreement, depending on the content of the document, may recognize the application of the contracting authority or an invoice for payment of services that is issued by the contractor. This requires that the paper reflect the subject of the contract by reference to the services that are provided by the contractor. Of course, taking into account the nature of the transaction, both parties have the right to determine the period within which all necessary services should be provided.
What is acceptance?
Accordingly, acceptance within the framework of this offer will be considered either invoicing from the contractor in response to the customer's request, or the fact of payment for services on the basis of the issued receipt. In such situations, a contract for the provision of services may be deemed concluded immediately upon receipt by the customer of an invoice for payment in accordance with the application. Also, the fact of conclusion can be considered the moment of transfer of funds in the framework of payment for services.
What does the actual provision of services entail without a contract?
Unseen circumstances
No one can be fully insured against circumstances that do not allow the provision of a service. Something like this can happen not only through the fault of the customer, but also because of the performer. It is also possible that such a situation could arise in which none of the parties would be able to answer for the circumstances. 
Effects
As a rule, the consequences of such circumstances directly depend on whether the application, together with the payment invoice issued by the contractor, will allow to determine in aggregate that an agreement was actually concluded between these parties.
In the event that such a fact is established, the consequences will turn out to be the same as might occur if there is an agreement drawn up in the form of one document signed by both parties:
- As part of the performer's actions that were aimed at the provision of services, and in addition, if the customer does not use the result, the entire amount of payment is non-refundable. This is clearly spelled out in article 781 of civil law.
- In situations of unilateral refusal of the customer from the agreement until the moment when all the required services are properly provided, all expenses actually accepted by him must be fully reimbursed in favor of the contractor. The provision of educational services without a contract or tutoring this also implies. Consequences may occur if the inability to provide services is related to circumstances for which neither of the parties is responsible.
- In the event that services are not provided in a timely manner through the fault of the contractor, the customer has the right to withdraw from the agreement, demanding full compensation for losses. In particular, he may demand a refund of money paid for the provision of services.
In situations where, prior to the actual provision of services and their adoption, the documents exchanged by the parties along with actions already committed by them do not make it possible to establish that an agreement has been concluded between the parties for the provision of services for a fee (transport, for example), it is necessary to recognize that the obligations of the transaction did not arise from the citizens. At the same time, the evidence of the transaction should be considered as directed applications, invoices along with the transfer of funds and so on. The provision of legal services without a contract is also often carried out. 
Refund Requirement
In such situations, the customer has the right at any time convenient for him to demand a refund of the paid funds, which can be regarded as unjust enrichment. In this case, the contractor does not have obligations related to the provision of services for the customer. The institution can evaluate the expediency of the paperwork methods on its own.
The probable consequences of providing services without a contract can be minimized if the documentation exchanged by the parties, especially in the customer’s application or invoice for payment, specifies the services sufficiently to ensure that the subject of the contract along with the deadline can be considered agreed by both parties.
Conclusion
Thus, in conclusion, it should be noted that the absence of a contract between the parties to the transaction cannot be regarded as a reason for refusing to pay for the services provided. But you must have evidence of their provision.
