Институт срока в рамках государственного (муниципального) контракта: понятие, виды, проблемы в их определении и исчислении

Abstract

We consider the institution of term for the purposes of its use in the provisions of state (municipal) contracts concluded for the procurement of goods, works, services to meet state and municipal needs. The main purpose is to systematize the provisions of the legislation on the contractual system concerning legal regulation of setting terms within the framework of state (municipal) contracts and posing the problem of their inconsistent legal regulation, which negatively affects the process of positive law enforcement. At the same time, the research emphasis is made on identifying the differ-ences in the legislative approach to regulating the procedure for calculating certain types of terms within the framework of a state (municipal) contract. In particular, we analyze the selectivity in the issue of choosing the terms duration for the performance of legally significant actions depending on the status of the procurement participant, we investigate the issues of the expediency of using different terms’ measurement units, including within the same subinstitutions of the term, etc. We present our own ideas for optimizing legislation in this matter. The methodological basis of the research is made up of analysis and synthesis methods, formal legal, comparative legal methods, a pluralistic approach is taken to highlight the issues involved.