Институт срока в правоотношениях по обеспечению исполнения государственного (муниципального) контракта и гарантийных обязательств: вопросы практики правовой регламентации

Abstract

We investigate the institution of term in security relations, used in the provisions of state (municipal) contracts concluded for the procurement of goods, works, services to meet state and municipal needs. The main goal is to analyze the provisions of the legislation on the contractual system in terms of comprehending the existing approach to securing in law the security obli-gations of counterparties of the state customer, the periods during which one or another method of securing the execution of the contract is valid, and the period during which it is provided by the supplier, contractor, executor secur-ing both the contractual obligation and the guarantee obligation following it. We pose the problem of inconsistency in the legal regulation of the named legal institution and legal uncertainty in the application of its individual as-pects, an explanation is given for this state of affairs, and we give examples of the possible formulation of conditions on the duration of security obliga-tions in a contract. In particular, it shows cases of a “legal vacuum” in a situation with the return of funds contributed as a security for the performance of a contract, a case of a gap in the law regarding a condition on the term of provision of a guarantee, etc. The work is practice-oriented and contains examples of the possible formulation of the terms of contracts in terms of the effect of interim measures. The research methodology is based on methods of analysis and synthesis, formal legal and comparative legal methods.