Практика прокурорского надзора за соблюдением прав участников контрактного процесса на своевременную оплату заказчиками обязательств по исполненным публичным контрактам

Abstract

Prosecutor's supervision over the observance of the rights of the parties in the contractual process to the timely payment by customers of obligations under fulfilled public contracts is one of the priorities in prosecutor's activities. The most typical violations of legislation prosecutor's supervision reveals in this area are: conclusion of state (municipal) contracts in the absence of the adjusted budget obligation limits; non-compliance with the terms of payment for the goods supplied, work performed, services rendered, which entails additional budget costs; evasion of acceptance of actually delivered goods, work performed, services rendered for state and municipal needs; and others. In order to further increase the effectiveness of prosecutor's supervision in this area, it seems necessary: (1) to strengthen supervision over the activities of Russia's Federal Bailiffs Service, Federal Treasury, regional commissioners for the protection of the rights of entrepreneurs and heads of self-regulatory organizations; (2) for the specialized subdivisions of the relevant prosecutor's offices to regularly analyze the relevant judicial practice; (3) to continue work on a systematic analysis of the causes of arising arrears under state (municipal) contracts; (4) to recognize the positive practice of filing recourse claims against persons responsible for the violations of the rights of entrepreneurs to the timely payment for goods (works, services) delivered/performed under contracts in order to minimize the negative consequences of additional costs (legal costs and penalties) and the non-fulfillment by customers of other financial obligations, including the possible non-payment of wages, taxes, and other mandatory payments. At the normative legal level, it is essential to streamline the control over public procurement activities. In this regard, the author believes that the proposals made in science to amend the Law on the Contract System in terms of creating a transparent structure of control bodies with clear competence and complete elimination of duplicate powers in this area are justified. It is also essential to make the activities of the subjects of control over public procurement activities an object of prosecutor's supervision within the framework of the prosecutor's office general supervision.