Farkhutdinova Y.A. —
Peculiarities of Concluding a Public Contract with a Single Supplier, Subcontractor or Performer
// Legal Studies. – 2018. – ¹ 5.
– P. 7 - 13.
DOI: 10.25136/2409-7136.2018.5.26176
URL: https://en.e-notabene.ru/lr/article_26176.html
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Abstract: The article is devoted to the analysis of Russia's laws that regulate peculiarities of concluding a public contract with a single supplier, subcontractor or performer. In the course of her analysis Farkhutdinova discovers that verbal form of a public contract is allowed; she also describes peculiarities of contract price formulation using a formula or maximum contract price instead of fixed price. The author also describes particularities of contract price formulation in case of a single supplier, subcontractor or performer (individual or physical entity). The author has used practical methods such as analysis and description, theoretical methods of formal and dialectical logic, special research methods such as legal dogmatic method and interpretation of law principles. As the main outcome of the research, the author describes peculiarities of the legal regulation of concluding a public contract with a single supplier, subcontractor or performer as follows: 1. In some cases, public contract for single-source procurement may be concluded verbally; 2. it is allowed to agree on a contract price by setting formula or maximum amount instead of a fixed amount; 3. In all cases of concluding a contract for single-source procurement with a physical entity, a contract price must be reduced by tax payment amount (Part 13 of Article 34 of the Procurement Law) disregarding the fact that Part 15 of Article 34 of the Procurement Law provides an opportunity not to do it. This is explained by the fact that in these legal relations a customer acts as a tax agent of a supplier, contractor or performer.
Farkhutdinova Y.A. —
Domestic and foreign experience of legal regulation of the procurement of goods, work, services to provide state and municipal needs from a single supplier, contractor, executor
// Law and Politics. – 2017. – ¹ 8.
– P. 73 - 90.
DOI: 10.7256/2454-0706.2017.8.23702
URL: https://en.e-notabene.ru/lpmag/article_23702.html
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Abstract: The article is devoted to the analysis of foreign and domestic legislation regulating of the procurement of goods, work, services to provide state and municipal needs from a single supplier, contractor, executor. A retrospective analysis of the domestic and foreign legislation of non-competitive methods of public procurement was carried out. A comparative analysis of domestic and foreign experience of legal regulation of the procedure of procurement of goods, work, and services from a single supplier, contractor, executor has been made. The purpose of this work is to identify ways of improving the legal regulation of non-competitive methods of procurement to ensure state and municipal needs, based on domestic and foreign experience of using various types of the non-competitive procurement procedures and application of various types of civil legal instruments for regulation of contractual relationships. The work used empirical methods of comparison, description, interpretation, theoretical methods of formal and dialectical logic, specific scientific methods (juridical-dogmatic method and interpretation of legal norms).Based on the conducted research the author proposes fixing the procedure for concluding a framework agreement in the domestic legislation in the sphere of state and municipal procurement, as well as providing the register of qualified suppliers and contractors by types of goods supplied, works performed, or services rendered; application by officials of contractual services of simplified methods of procurement using a bank card in case of purchasing from a single supplier in accordance with clauses 4, 5, part 1, article 93 of the Federal law from 05.04.2013 ¹ 44 «About contract system in sphere of the public procurement goods, works and services for state and municipal needs»