PROBLEM ISSUES OF CONFIRMING THE EXPERIENCE OF PARTICIPANTS IN PUBLIC PROCUREMENT
Journal: BULLETIN OF UFA LAW INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Volume 2023 № 4
, 2023
Rubrics: PRIVATE LAW (CIVILISTIC) SCIENCES
Authors:
1.
Ufimskiy yuridicheskiy institut MVD Rossii
(nachal'nik kafedry grazhdansko-pravovyh disciplin)
Ufa, Russian Federation
Ufa, Russian Federation
2.
Upravlenie Federal'noy antimonopol'noy sluzhby po Respublike Bashkortostan
Type:
Article
Pages:
from 80
to 85
Status:
Published
Received:
15.11.2023
Accepted:
20.11.2023
Published:
29.11.2023
Subject area:
VAC 5.1.3 Частно-правовые (цивилистические) науки
UDK 346.34 Системы и виды хозяйственных контрактов (договоров)
UDK 346.34 Системы и виды хозяйственных контрактов (договоров)
Language:
Russian
Keywords:
contract system, public procurement, additional requirements, electronic auction, fictitious contract
Abstract (English):
The article identifies a problem that arises when purchasing by competitive methods, when confirming the compliance of procurement participants with additional requirements established by customers in accordance with the legislation of the Russian Federation on the contract system. In the practice of law enforcement, there are facts of submission by procurement participants of documents (in particular contracts) that have signs of fictitiousness. At the same time, the commission of the customer for the procurement does not have enough time, as well as legal means to document these facts, which entails the adoption of deliberately illegal decisions on the admission of the participant to the procurement. It is concluded that it is necessary to optimize the legal mechanism for confirmation by procurement participants of compliance with additional requirements, and appropriate proposals are formulated.
The article identifies a problem that arises when purchasing by competitive methods, when confirming the compliance of procurement participants with additional requirements established by customers in accordance with the legislation of the Russian Federation on the contract system. In the practice of law enforcement, there are facts of submission by procurement participants of documents (in particular contracts) that have signs of fictitiousness. At the same time, the commission of the customer for the procurement does not have enough time, as well as legal means to document these facts, which entails the adoption of deliberately illegal decisions on the admission of the participant to the procurement. It is concluded that it is necessary to optimize the legal mechanism for confirmation by procurement participants of compliance with additional requirements, and appropriate proposals are formulated.
Keywords:
contract system, public procurement, additional requirements, electronic auction, fictitious contract
contract system, public procurement, additional requirements, electronic auction, fictitious contract
1. Belova S. N. Non-compliance with mandatory requirements of legislation on the contract system in the field of procurement // Economic security: current issues of theory and practice: collection of articles of theAll-Russian scientific and practical conference. Moscow, 2023. P. 3. (In Russ.)
2. Samolysov P. V. Economic and legal risks in the field of procurement for the needs of internal affairs bodies of the Russian Federation / P. V. Samolysov, A. A. Tsviliy-Buklanova, S. N. Belova // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. 2023. No. 2 (66). P. 47. (In Russ.)
