Execution of the state (municipal) contract in the sphere of public procurement: law enforcement problems

The purpose of the article is to study the problematic aspects on the execution of state contracts for public needs. The object of the research is the analysis of the social relations between the state customer and the supplier concerning efficient execution of contract obligations. The subject of research is the legal rules of civil legislation and the public procurement legislation. In order to achieve the set goal, the questions of correlation of expertise under the legislation on the contractual system in the field of public procurement and civil legislation were raised, and the existing practice of application of the designated norms was studied. As a result of the research, certain difficulties have been identified in law enforcement practice in the implementation of norms for the acceptance of performed work. Some proposals were made to improve the norms on mandatory examination of the result of execution under government contracts. Some conclusions were also made about the possibility of the customer to involve an independent expert according to the norms of civil law in case of dispute, about the proper behavior of the parties in case of a discrepancy between the results of examinations carried out separately by the customer and the contractor, about the allocation of the burden and costs of conducting a mandatory expertise of state contract execution, etc. Author used popular (dialectical) method of knowledge, methods and techniques of formal logic (analysis, synthesis, induction, derivation, etc.) and special methods of knowledge (including formal-legal, comparative-legal, technical-legal, systemic, empirical etc.).

1. Averina L.V., Sutyagin A.V. Key issues of price estimate for construction contracts according to the law of contract system // Property relations in Russian Federation. 2016. № 5. Pp. 78–83.

2. Andreeva L.V. Procurement of goods for federal state needs: legal regulation. M., 2009.

3. Belyaeva O.A. Contract System: main problems of law enforcement and ways of their overcoming // Russian Law Journal. 2015. № 7. Рp. 34– 44.

4. Grigoryan T. Expertise in the legislation on the contract system // State service. 2014. № 5 (91). Pp. 12– 15.

5. Zarubin A.S. Techniques and methods of civil law research on the contract system legislation // Perm University Herald. Juridical Sciences. 2017. № 37. Pp. 312–322.

6. Ivanov I.V. The organization of external expertise of the goods delivered, the results of the works performed, services rendered: analysis of the experience; recommendations for the practices // Economics. Business. Right. 2014. № 4 (4). Pp. 58–76.

7. Kuzmin I.A. Comparative legal studies of legal liability: specific features // Perm University Herald. Juridical Sciences. 2017. № 35. Pp. 6–15.

8. Kulichev R.B. Legal regulation of contract work for state needs. М., 2016.

9. Novozhilova Zh. S. Peculiarities of applying the federal law of april, 5th, 2013, № 44-FZ "On the contract system in procurement of goods, labors and services for providing state and municipal needs" for examination when supplying food to the FPS of Russia // Crime and Punishment. 2015. № 4 (91). Pp. 135-139.

10. Tasalov F.A. The contract system in the sphere of public procurement in Russia and the United States: a comparative legal study: monograph. M., 2016.

11. Tasalov F. Contract system: the legal status of experts // Competition and law. 2014. № 2. Pp. 41–45.

12. Chuprin M.G. Form of performance of obligations under the state contract // Bulletin of Tomsk State University. Right. 2019. № 33. PP. 219–227.

13. Shеiko V.M., Mityushkin R.A. Methodology for the examination of the execution of a contract in accordance with the federal law «on the contract system in the procurement of goods, works, services to meet state and municipal needs» // Eurasian Advocacy. 2018. № 4 (35). Pp. 40– 42.

14. Gilberto Fachetti Silvestre. Individualismo, solidarismo e favor deboli: os interesses sobre os contratos cíveis e mercantis // Сivilistica.com. 2019. № 3. A. 8.

15. Raphael Marcelino de Almeida Nunes. O inadimplemento eficiente do contrato: perspectivas de aplicação no direito civil brasileiro // Сivilistica.com. 2019. № 3. A. 8