State contract in Russian civil law
Issues of theory and practice: monograph
$32.00
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The book analyzes the concept of "state needs"; the author's approach to identifying criteria that allow considering particular needs as state needs has been proposed and justified. Special attention was paid to the Federal Law of April 5, 2013 No. 44-FЗ “On the contract system in the field of procurement of goods, work, services to meet state and municipal needs”, its place in the civil law system; a solution to the conflict of legal norms governing legal relations related to the placement of procurements for the supply of goods, performance of work, and the provision of services for state needs is proposed. The issues of determining the legal status of persons participating in the placement and execution of public procurement, determining the moment of acquisition of the status of a participant in the procurement by these persons are considered. The branch affiliation of the state contract, its legal qualifications and essential conditions are investigated, judicial arbitration practice is analyzed. The features of the conclusion, amendment and termination of the state contract, the problems of liability under the state contract, the right of unilateral refusal to fulfill the contract are considered.
