Execution of the state (municipal) contract in the sphere of public procurement: law enforcement problems

Abstract

The purpose of the article is to study the problematic aspects on the execution of state contracts for public needs. The object of the research is the analysis of the social relations between the state customer and the supplier concerning efficient execution of contract obligations. The subject of research is the legal rules of civil legislation and the public procurement legislation. In order to achieve the set goal, the questions of correlation of expertise under the legislation on the contractual system in the field of public procurement and civil legislation were raised, and the existing practice of application of the designated norms was studied. As a result of the research, certain difficulties have been identified in law enforcement practice in the implementation of norms for the acceptance of performed work. Some proposals were made to improve the norms on mandatory examination of the result of execution under government contracts. Some conclusions were also made about the possibility of the customer to involve an independent expert according to the norms of civil law in case of dispute, about the proper behavior of the parties in case of a discrepancy between the results of examinations carried out separately by the customer and the contractor, about the allocation of the burden and costs of conducting a mandatory expertise of state contract execution, etc. Author used popular (dialectical) method of knowledge, methods and techniques of formal logic (analysis, synthesis, induction, derivation, etc.) and special methods of knowledge (including formal-legal, comparative-legal, technical-legal, systemic, empirical etc.).