Проблемные аспекты деятельности субъектов контрактной системы в России: нормативно-правовое регулирование, злоупотребления и юридическая ответственность

Abstract

Objective: legal analysis of the activities of contractual system subjects engaged in state (municipal) procurement, including the study of sources of the contract system legal regulation, the main violations in procurement and the legal responsibility of contractual system subjects. Methods: dialectical method, which contributed to revealing the issue in its relationship with other phenomena, processes and subjects; general (synthesis, analysis, deduction) and specific scientific legal methods, such as comparative legal and formal legal methods. Results: based on the analysis of legislation, judicial practice and doctrinal provisions, the paper concludes that the problematic aspects emerging in the implementation of contract activities require the use of methodologically verified approaches, expressed in the signs of efficiency, quality and consistency in their resolution, taking into account the undoubtedly paramount nationalwide importance of the procurement system. The elimination of legal conflicts arising in contract activities regulation, as well as the prerequisites for their formation, and the implementation of measures in the field of positive (also called prospective) legal liability (legal literacy, competence, professionalism, high legal awareness and increased self-responsibility of business entities) allow concluding that the further development of the contract system of the Russian Federation will take place against the background of consistent legislative regulation, with a decrease in the number of claims of regulatory authorities to business entities (resulting in the reduction of legal liability cases), with a cost-effective component of this process. Scientific novelty: the article for the first time presents a legal analysis of activity of the contract system subjects in terms of types of legal liability to which the subjects of these relationships are brought. Practical significance: the main provisions and conclusions of the research can be used as a basis for further study of the legal regulation of contract system subjects’ activities, as well as in pedagogical activities when training specialists (contract managers) in the field of contract relations.