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INGA Y. SINDEEVAа
аRussian Presidential Academy of National Economy and Public Administration
DOI: 10.22394/2070-8378-2019-21-6-35-42
Abstract:
The article analyzes the problems that arise when a supplier (contractor, provider) makes a demand for a payment to a state and municipal customer in accordance with an oral agreement with him or in other circumstances, for goods, work, services to satisfy state and municipal needs in the absence of a contract. The author considers the legal nature of the relations of the parties, participants of the contract system, peculiarities of the legal status of the customer, some features of the formation of the contract price and calculation of the penalty. The paper gives a legal assessment of the numerous facts of the performance of work, the provision of services for state and municipal needs without concluding a contract, analyzes the extensive judicial practice in cases from these relations. The specific situations in which such works were performed and services were provided (their nature, circumstances of production, reasons for refusal by the actual customer to pay for works, services performed on his behalf in the absence of a state or municipal contract) are analyzed. The correlation of the provisions of civil legislation on freedom of contract with the provisions of the norms on the contract system is determined, separate provisions of the legislation on the contract system and competition are investigated.
Keywords:
state and municipal contract, procurement of goods, works, services to meet state and municipal needs, construction, budget, unjust enrichment, public interest, arbitration court
Received:
December 3, 2019
References:
Andreeva L.V. State contract as an effective way to meet state needs. Grazhdanskoe pravo. 2016. № 5. P. 3–8. In Russian
Andreeva L.V. The subject composition of the special investment contract. Zhurnal predprinimatelskogo i korporativnogo prava. 2017. № 4(8). P. 13–16. In Russian
Andrianov N.A. Conscientiousness of the contractor and payment for work performed in the absence of the State contract. Commentary on the Determination of the Judicial Board on Economic Disputes of the Armed Forces of the Russian Federation of 07.04.2016 No. 302-ES15-17338. Vestnik ekonomicheskogo pravosudiya Rossiiskoi Federatsii. 2016. № 6. P. 10–14. In Russian
Autleva R.V. The problem of applying legal norms on forfeit when arbitration courts consider disputes involving recipients of budget funds. Rossiiskaya yustitsiya. 2018. № 4. P. 38–40. In Russian
Averina L.V., Sutyagin A.V. Features of determining the price of a contract for the performance of contract work in accordance with the Law on the contract system. Imushchestvennye otnosheniya v Rossiiskoi Federatsii. 2016. № 5(176). P. 78–83. In Russian
Bairashev V.R. Acceptance of goods, works, services taking into account new types of legal liability. Goszakaz: upravlenie, razmeshchenie, obespechenie. 2018. № 54. P. 108–111. In Russian
Chumachenko I.V. Construction contracts. Pravovye voprosy stroitelstva. 2015. № 2. P. 9–15. In Russian
Commentary on economic dispute resolution (arbitration practice): Issue 22 / Ed. by V.F. Yakovlev. M.: INFRA-M, 2017. 212 p. In Russian
Fedorov A.A. Problematic issues of accrual and recovery of contractual penalties // State and municipal procurement – 2016: Reports of the XI All-Russian Practical Conference-Seminar. M.: PRINT PRO, 2016. P. 128–133. In Russian .
Kikavets V.V. Unjust enrichment in the procurement contract system. Finansovoe pravo. 2016. № 3. P. 17–21. In Russian
Kulichev R.B. Legal regulation of contract work for state needs. M.: Yustitsinform, 2016. 191 p. In Russian
Law and economic development: problems of state regulation of the economy: Monograph / Ed. by V.A. Vaipan, M.A. Egorova. M.: Yustitsinform, 2017. 432 p. In Russian
Maksyutov M. F. On the issue of assessing the state of legality in the procurement of goods, works, services by certain types of legal entities. Zhurnal predprinimatelskogo i korporativnogo prava. 2017. № 4(8). P. 24–28. In Russian
Ovcharov A.O., Ignatieva Y.I. Legal mechanisms for the formation of an effective contract system in the field of public procurement. Aktualnye problemy rossiiskogo prava. 2018. № 3(88). P. 138–145. In Russian
Ssennoga F. Examining discriminatory procurement practices in developing countries. Journal of Public Procurement. 2006. Vol. 6. № 3. P. 218–249. In English
Starilov Y.N., Davydov K.B. Administrative contract in the public administration system: purpose, legal conditions, types. Administrativnoe pravo i protsess. 2013. № 5. P. 4–9. In Russian
Sukhanov E.A. On civil legal capacity of state legal entities. Zhurnal rossiiskogo prava. 2018. № 1. P. 5–15. In Russian
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