The article is devoted to the research of the legal nature of tenders from the point of view of civil law and competition law, as well as identifying problems within the existing system of industry tenders, which lead to the formation of uncertain judicial practice. It is substantiated that the institution of tenders, initially formed and developed within the framework of civil law, at the present stage has acquired an interindustry character, in connection with which it is necessary to highlight both the civil and competitive significance of tenders. It is established that at the moment the legislation of the Russian Federation contains a significant list of cases of mandatory tenders, which, however, have a fragmentary industry character and do not ensure a sufficient level of competition. Based on this, arguments are given about the need to unify industry tenders in the form of uniform rules for organizing and holding tenders established by antimonopoly legislation, as well as transferring all tenders to electronic form to increase the number of tender participants, and, as a consequence, increase the level of competition in tenders for the purpose of effective implementation of state and municipal property.
Read full abstract