Abstract
This article discusses the legal model in which the deposit of funds as a security for the performance of the contract is carried out by another third party instead of the procurement participant. The article provides a legal assessment of the situation in which a participant in a procurement, conducted in accordance with the procedure and under the conditions established by Federal Law No. 44-FZ dd. 05. 04. 2013, imposes the obligation to pay for the performance of the contract on a third party. For objective consideration of the issue, the author considers the practice of regulatory authorities and arbitration courts, and makes conclusions about the validity of such payment based on a systematic interpretation of the law.
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