Обеспечение исполнения государственных контрактов на поставку продуктов питания для нужд учреждений и органов Уголовно-исполнительной системы

Abstract

Introduction: the paper deals with the problems of the implementation of Federal Law No. 44-FZ of April 5, 2013, “On the contract system in the procurement of goods, works, services for state and municipal needs” in terms of public contract performance security for food supply for the needs of the penal system. The legal nature of contract performance is analyzed from the point of view of the general norms of the Civil Code of the Russian Federation and special legislation. A review of judicial practice in the enforcement of contract performance security for improper performance of the contract terms has been conducted. The purpose of the study is to analyze the mechanism of implementation of public contract performance security of federal customers. The legal nature and functions of public contract performance security have been studied; a comparison of judicial practice in similar cases has been made. Methods: the methods of consistency, analysis and comparative law are used. Results: the authors’ position justified in the work is based on the legislation, the results of the specialists’ study on the use of a mechanism for compensating a penalty by a state customer by withholding contract security from an unscrupulous supplier. The paper presents brief conclusions and suggestions for improving the mechanism for the implementation of the restoration of violated rights of the parties in the execution of public contracts. Conclusions: given the importance of uninterrupted execution of the state order, the legislator has taken care of a system of measures to protect the interests of the state customer. One of the important mechanisms for protecting the customer’s right is the implementation of a security payment. Based on the analysis of judicial practice on this issue, the authors have found that in case of breaking by the supplier of the terms of the public contract, the customer does not always lawfully withhold compensation for penalties in the form of a security payment or an independent guarantee. This issue is especially relevant at the present time in an unstable economic situation. On the one hand, this mechanism guarantees the protection of the rights of the customer; on the other hand, if the supplier is included in the register of unscrupulous enterprises, it puts a stigma on the business reputation and the possibility of further development of a market participant. Therefore, the impartial position of the Federal Antimonopoly Service and the performance in good faith of its duties by the state customer is very important in this matter.