Гражданско-правовые особенности государственных и муниципальных контрактов, заключаемых с использованием электронно-цифровых средств

Abstract

The article reflects the results of the analysis of legislation on the conclusion of state and municipal contracts using electronic and digital means and the practice of its application. It is noted that the conclusion of the contracts in question differs in physical and technological terms from those actions that are performed in the course of procurement without the use of electronic and digital means. However, the functional purpose of digital procurement remains unchanged. Therefore, neither special legislation on electronic digital signatures, nor the existence of requirements for the use of electronic digital means in the conclusion of state and municipal contracts change their written form. At the same time, the legal structure of their conclusion becomes more complex due to the requirement to specify a special record of accounting nature-the purchase identification code, which makes it possible to separate the contracts in question into an independent group along with transactions requiring state registration.