Register of unfair suppliers: Problems of legal regulation

Abstract

The purpose of the study is to identify the circumstances under which a supplier can be included in the register of unfair suppliers undeservedly. The author has set a number of tasks: to consider the concept of public contract; to determine the problems of correct fulfillment of obligations under the concluded public contract; to analyze the practice in relation to the participants unjustly included in the register of unfair suppliers. In the process of the research general scientific and special scientific methods were used, including dialectical, systemic, historical, comparative, system-structural, formal-legal, historical-legal, comparative-legal, as well as other methods of scientific cognition, addressed to legal technique. As a result, it is revealed that there may be circumstances in which a participant is included in the register of unfair suppliers undeservedly, but the procedure for protection of such supplier is problematic due to the lack of a complete and updated list of “valid” reasons for non-fulfillment of obligations. In particular, the case studies related to the fulfillment of suppliers’ obligations under state contracts during the period of mass introduction of anti-Russian sanctions are considered. Cases in which it is possible to justify the supplier’s actions were identified. It is recommended to modernize electronic auction sites, as well as to expand the list of “valid” reasons for violations of the terms of the state contract.