The change in legal relations with a public or municipal authorities regulated by budget legislation and grant agreements

Abstract

Public and municipal authorities regularly act as customers of various goods, works and services, as well as finance projects or provide targeted support to organizations as part of the implementation of State support measures. If the first role, as a rule, is implemented through traditional public procurement, then the second is through special regulation created under the conditions of appropriate support, and through agreements on the provision of subsidies or grants in the form of subsidies. Such agreements are not subject to procurement legislation, and the content of the legal relations generated by them has low regulatory and methodological security. At the same time, the Civil Code of Russian Federation (hereinafter referred to as the CC RF) is increasingly being applied to relations based on agreements by analogy with law. The implementation of agreements, as a rule, is associated with the emergence of an objective need to change them, related both to changes in the circumstances from which the parties proceeded when concluding them, and to subjective reasons, including planning errors. Within the framework of the article, the authors, using dialectical, logical, systemic and functional methods, considered and highlighted the circumstances of the permissibility and inadmissibility of making changes to these agreements. A special utilitarian character is carried by a fragment of the article based on the analysis of judicial practice and acts of regulatory and auditing authority, which highlights specific situations that are important for the formation of a comprehensive understanding of the assessment of the circumstances of changing agreements.