State Contract Research Articles

The price of execution of the state contract: a note to the accountant

Practical situations related to changes in market conditions, including price increases, which led to the impossibility of continuing the execution of the state contract on the established conditions of a fixed price, are considered. The analysis of law enforcement practice related to the activities of medical institutions in the conditions of instability of the execution of the state contract in terms of sharp fluctuations in market prices and the need to make decisions on its termination. The measures of state regulation of the execution of the state contract under the conditions of force majeure, extraordinary and unavoidable circumstances, to ensure and protect the interests of medical budgetary institutions as an interested party to the state contract are considered.

Improving the reproductive function of cows with complex vitamin and mineral preparations in the conditions of Central Yakutia.

The object of the study were cows of the Simmental breed in the amount of 100 yalov heads bred in the farm "Serge" of the Namsky district and in the farm of LLC "Ecoferma Tuimaada" located in the mkr. Marha of Yakutsk. According to the results of various complex vitamin preparations administered to cows in the form of top dressing for their postpartum activity, growth and safety of offspring, as well as hunting and fertilization after weaning of calves, the following results were obtained: compared with the control group (n=25) in the experimental group (n=75) after the introduction of vitamin and mineral top dressing in an average of 37.5% more cows came to hunt. After insemination in the experimental groups, there was an increase in the fertilization of cows by an average of 16.6%. The inclusion of vitamin and mineral fertilization in the diet of yal cows contributed to an increase in fertilization during the first insemination in the first farm by 16.6%. Optimization of vitamin and mineral nutrition allowed to increase the fertilization of previously infertile cows in the second farm by 20%. In general, feeding with vitamin and mineral preparations leads to stimulation of reproductive function. The work was commissioned by the Ministry of Agriculture of the RS(Ya), state contract No. 21-32 dated 25. 2021.

Afonino coal deposit in the second half of the period from the 1820s through the 1850s

Based on the publications of the Gornyi Zhurnal in 1842–1859, the process of exploration of Afonino coal deposit (Afonino is today Kiselevsk town in Kuzbass) in the second half of the period from the 1820s to the 1850s is considered. The first of the researchers to characterize the deposit on the pages of the Gornyi Zhurnal in 1842 was Mining Engineer Narkiz A. Sokolovsky. Then, the Afonino village was visited by world-famous geologist Pyotr A. Chikhachev in the framework of his large research expedition to Altai. Two years later, Afonino coal was studied by another great scientist Grigory E. Shchurovsky. In the middle of XIX century, another research party visited the Kiselevsk area, led by Mining Engineer Captain Bykov and his assistant, Mining Charter Officer Mikhailov. In 1855, the area of Afonino coal deposit was visited by an outstanding mining specialist, Lieutenant Colonel Alexander G. Boyarshinov. In 1856, Staff Captain Korzhenevsky, like his predecessors, examined coal outcrops in the area of the villages of Afonino and Cherkasovo. Finally, in 1859, P. Lavrov and F. Korovaev, recognizing that “due to the ever-developing industrial activity in Russia, the issue of combustible material is becoming more and more important’ presented the characterization of the country’s coal deposits in tabular form. The coal deposit “on the plateau near the village of Afonino” was worthily ranked in that rating. Thus, not a single of the relevant studies of Altai coal deposits passed off the “remarkable coal deposit of Afonino” as A. G. Boyarshinov said. The research findings were presented on the pages of the worldwide reputed and recognized Gornyi Zhurnal.The study was carried out under the state contract, Project No. 0286-2021-0012.

The legal environment for the execution of a state contract: a note to the accountant

The current legislation regulating the execution of the state contract, as well as the relevant law enforcement practice on examples related to the procedure for the execution of the state contract, its modification and termination are considered. The analysis of legal means ensuring the legality and effectiveness of contract procedures, the stability of the contract system in the face of unforeseen circumstances, as well as the very concept of force majeure as an extraordinary and unavoidable circumstance. The operational measures proposed by the legislator to respond to the relevant circumstances in the process of executing state contracts, including measures to ensure the interests of the parties to the state contract, are considered.

Организационные и методические аспекты приемки товаров, работ и услуг, приобретаемых в рамках государственных контрактов

The article discusses the production of expert research in the field of public procurement using a wide range of special knowledge in the framework of contract execution, taking into account qualitative and quantitative indicators. Problematic aspects in the production of economic expertise in the field of contract activities of state-owned institutions that have time restrictions on the provision of financial documents for conducting research; the complexity and duration of the research process itself, which is due to the study of documentation on concluded state contracts, the emerging need to detail the terms of reference and estimates, evaluation of the materials submitted during the examination.

Community development and community food in Lincolnshire, United Kingdom: The limitations of neoclassical economics

ABSTRACT Community development in the UK has moved from private philanthropy in the early 20th Century through welfarism to a ‘marketisation’ in the 21st Century with both state contracts, and market-based performance measures. But neoclassical economics, on which such marketization is based, is an inadequate measure of community development practice as it does not accommodate a range of inequalities, spatial differences, changes over time, market failures and externalities, all of which are at the core of community food projects. Whilst community food projects address market failures, they can use innovative market mechanisms to “cushion” some of these neoclassical economics failings. A number of practical examples is offered, from Lincolnshire UK, of such innovations in relation to community food production, and environmental, food waste, and food poverty externalities.

Study of the Risks of Termination of Contracts Concluded as a Result of Public Procurement

State and municipal purchases play an important role in the functioning of the economy of various countries, and, according to the World Bank and the Organization for Economic Development and Cooperation, they account for up to 15% of expenditures in the structure of world GDP, and in some countries from 23 to 45%. The spread of the novel coronavirus pandemic has led to the need to strengthen the role of the state, its participation in regulating the national economy, and increasing spending on the social sphere. In this regard, the system of state and municipal procurement becomes an area of increased attention, and its effectiveness is comprehensively assessed. In the context of the high degree of uncertainty that has developed in world markets (closure of manufacturing plants, lockdowns and border closures), which has significantly limited the global turnover of goods, works and services, the risks of execution of state and municipal contracts are increasing significantly. In this regard, the purpose of the study is to analyze the reasons for termination of contacts in the system of Russian state and municipal procurement and substantiate proposals for minimizing the risks of termination for buyers and contract executors. The study used the methods of statistical, retrospective analysis, comparative analysis, forecasting elements, calculations were carried out using a system developed in the Python language. The data is aggregated into a PostgreSQL 12 relational database. The data analysis itself, the selection of dimensions and metrics, as well as their visualization are implemented in the Microsoft Power BI BI-system. As a result of the study, the following conclusions were obtained: the probability of termination of state and municipal contracts concluded on the basis of public procurement does not directly depend on such factors as savings in tenders, competition in tenders, the size of the participating company (small business), as well as the industry, under which the purchase is made. Issues related to the study of non-formalizable reasons for the termination of government contracts remain debatable.

Modern structural and tectonic model of the Caspian Region

The article analyzes the development and evolution of the structural and geodynamic systems of the sedimentary complex in the Caspian region, and the results of structural and tectonic modeling of individual tectonic zones in the region. Based on the modeling results, an important feature of the morphology and structure of the basement surface and sedimentary complex in the Caspian Sea is the tracked sea extension of many elements detected on land. The main features of the morphology and structure of the basement surface and sedimentary complex in the Caspian region are the presence of superdeep depressions of the earth’s crust, with the basement depth up to 16 km or more in the North Caspian and up to 20–24 km in the South Caspian, as well as the distinct longitudinal (sublatitudinal) tectonic zonality of the region. Constructed as a result of the implemented reconstructions, the generalized geological and tectonic model of the uneven-aged basement surface comprises the sea and continental parts of the region under study. The study was carried out within the framework of the state contract with Ministry of Science and Higher Education of the Russian Federation, No. 075-00069-20-02, dated September 10, 2020, topic No. AAAA-A20-120092590017-4.

Theoretical and applicative background of digital nature-reproductive technologies for integrated peat resources management

The relevance of the issues discussed in the article is due to the need to reduce the impact of geotechnologies on the environment and the necessity of digitalization of innovative high-tech industries. The article substantiates the effectiveness of a system-based approach to solving the problems of integrated development of peat resources based on the digital nature-reproductive geotechnologies that ensure carbon regulation. It is shown that the systematic approach and the end-to-end energy-environmental analysis facilitate joint solution of technical, technological and environmental problems. The model of the peat production and consumption system is proposed. The effectiveness of the digital model in enhanced accuracy determination of the qualitative characteristics of raw materials and in 3D imaging of distribution of peat categories is shown. The advantages of the hydromechanized method of peat extraction as a climate-saving technology are substantiated. The available theoretical and engineering background and the need of novel digital nature-reproductive geotechnologies for the integrated peat resources management is emphasized. The concept of a new digital nature-saving technology for peat milling and deep processing is based on the hydraulic peat milling equipment, innovative generation of thermal and electrical energy, mechanothermal activation of organomineral systems and on the modern structural covering materials. The key requirements to a robotic equipment system for obtaining composite products with new performance indicators are formulated and validated.The study was carried out under the R&D State Contract between the Ministry of Science and Higher Education and the Ural State Mining University, Registration No. 075-03-2022-401 dated January 12, 2022: Development and Ecologo-Economic Justification of Reclamation Technologies for Land Disturbed by Mining and Metallurgy Using Ameliorants and New-Type Fertilizers, and was implemented in cooperation with the Shared Use Center and using the resources of the Federal Research Center for Biological Systems and Agrotechnologies of the Russian Academy of Sciences (No. RU.0001.21 PF59, Joint Russian Registry for Shared Use Centers: http://www.ckp-rf.ru/ckp/77384).

Addressing Strategic Uncertainty with Incentives and Information

A principal privately contracts with a set of agents who then simultaneously make a binary decision. Each contract specifies an individual allocation and the information the agent is given about a fundamental state and other agents' contracts. We study the principal's optimal scheme that induces a desired action profile as the unique rationalizable outcome. Our main result reduces this multiagent problem to a two-step procedure where information is designed agent-by-agent: the principal chooses a fundamental-state-contingent distribution over agent rankings and, separately for each agent, the agent's information about the realized ranking and fundamental states. We illustrate with a team-production application.

A Study on the 「Code de la commande publique」 in France

국가나 지방자치단체가 체결하는 다양한 계약들(공공조달계약, 민간위탁계약, 국·공유재산 점용허가계약, 민간투자 실시협약 등)은 「국가를 당사자로 하는 계약에 관한 법률」(이하 국가계약법), 「지방자치단체를 당사자로 하는 계약에 관한 법률」(이하 지방계약법), 「사회기반시설에 대한 민간투자법」(이하 민간투자법) 등 다양한 법률의 규율을 받고 있다. 그런데 개별계약들이 이들 법률들의 적용을 어디까지 받는지에 관해서 다양한 문제가 발생하고 있다. 이 글에서는 이러한 문제를 푸는 실마리를 프랑스법과의 비교에서 찾아보았다. 2018년에 제정된 프랑스의 「공공발주법전」(Code de la commande publique)이 다음과 같은 특징을 가지고 있기 때문이다. 첫째, 이 법전은 단순히 EU 공공조달지침을 국내법으로 전환하는 데에 그치지 않고 국내 공공발주법제의 개혁의 기회로 삼아 법률부분과 법규명령부분으로 나누어 공공발주에 관한 내용을 종합적으로 규율하고 있다. 둘째, 이 법전은 그동안 공공조달과 특허가 별도로 규율되던 것에서 벗어나 이들을 포괄적으로 규율하면서 이 두 가지 모두에 적용되는 기본원리(후보자들의 동등대우의 원리, 자유로운 접근의 원리, 절차의 투명성의 원리)를 체계화하고 있다. 셋째, 이 법전은 기존의 행정계약의 법리(불가예견론 등)를 입법화하고 공공발주계약과 행정계약과의 관계를 명문화함으로써 행정계약의 법리발전에 기여하고 있다. 프랑스 「공공발주법전」의 제정사례는 우리나라 법제에도 많은 시사점을 제공해주는 것으로 볼 수 있다. 첫째, 공공조달계약과 실시협약의 계약적인 측면이 국가계약법 및 지방계약법에서 통합적으로 규율되는 것이 바람직하며, 둘째, 공공조달계약, 실시협약, 민간위탁계약 등에 공통적으로 적용되는 원리들을 국가계약법 및 지방계약법에서 입법화하는 것이 바람직하고, 셋째, 공공조달과 특허가 대가지급방식에서 차이가 있으므로 민간투자법에서 수익형 민자사업과 그 외의 민자사업간의 차이를 면밀히 고려한 입법이 이루어질 필요가 있고, 넷째, 공공조달계약은 물론 민간위탁계약, 실시협약이 원칙적으로 국가계약법이나 지방계약법의 적용대상이 된다는 점을 확인적 차원에서 명시할 필요가 있고, 다섯째, 국가나 지방자치단체가 체결하는 계약의 법적 성질을 보다 명확하게 하기 위해서 우선 계약체결의 근거가 된 개별법령(예를 들어 민간투자법)에서 공법상 계약에 해당되는 경우를 명시해주는 것이 필요하다.Contracts, which are concluded by state and local government (eg. public procurement contract, delegation contract to private parties, authorization contract for state or local government’s asset, public-private partnership contract), are regulated by various statutes like 「Act on the Contracts in which the State is a Party」(hereinafter ‘State Contract Act’), 「Act on the Contracts in which the Local Government is a Party」 (hereinafter ‘Local Government Contract Act’), and 「Act on the Public Private Partnerships in Infrastructure」(hereinafter ‘PPP Act’). The application scope of these statutes to each type of contract is debated nowadays. This paper seeks the way to address this issue by comparison with Korean & French law, because 「Code de la commande publique」 in France has following characteristics. First, this Code does not content with transposing EU public procurement directive only, and goes furthermore to regulate commande publique with legislative part and regulatory part. Second, both public procurement contract (marché public) and concession contract are comprehensively regulated in this Code and general principles of commande publique (equal treatment of candidates, freedom of access, transparency of procedure) are systematized in this Code. Third, this Code legislates the theory of contrat administratif (such as theorie de imprévision), and makes clear the relationship between commande publique contact and contrat administratif. French experience of legislating 「Code de la commande publique」 shows many implications to Korea. First, contract aspect of public procurement and PPP (public private partnership) should be comprehensively regulated by State Contract Act and Local Government Contract Act. Second, general principles which apply to public procurement, PPP contract and delegation contract to private parties should be comprehensively provided in State Contract Act and Local Government Contract Act. Third, concession type PPP and non-concession type PPP should be regulated by PPP Act in due consideration of its differences, Fourth, State Contract Act and Local Government Contract Act should make clear its scope of application including PPP contract and delegation contract. Five, the types of contract of public law nature should be provided in each Act (eg. PPP Act) which is a ground to each contract to clarify the legal nature of each contract.

성능 기반 무기체계 연구개발 유인부 계약제도 연구

Despite various reforms to encourage innovative and challenging R&D efforts in Defense Science and Technology, there has not yet been an innovative scheme for the weapon system development, the last stage of such R&D, due to limitations incurred by State Contract Statute. Even though sincere performance acknowledgement in case of fail to technological goal become possible by Defense Science and Technology Promotion Act, it only applies to limited cases, and regulations exist only for fail to technological goal, whereas there is no reward and incentive scheme for those cases of exceeding such goal. In addition, existing Incentive Contract schemes are only intended to save the cost, which burdens on both the company in charge of R&D and Government, consequently, they hardly have been used. Thus, in this study, Incentive Capability concept is proposed to induce and reward the company to take challenging efforts for exceeding technological performance goal, and subsequent detailed application plan is studied and proposed overarching entire phases of weapon system development program including proposal evaluation and source selection, contract method and incentive criteria. So far, despite the fact that weapon system development is important subject of innovation as the final stage of Defense Science and Technology, there has been persistent limitation due to its nature of procurement activity. In this context, this study has great significance in developing and proposing the detailed scheme promoting challenging efforts in Defense Science and Technology from the perspective of procurement activity for the first time.

A Content Analysis of Police Shared Service Agreements

Abstract New Jersey, like the nation, is home to many small police departments that may be incapable of providing the level and type of services required by 21st century policing. In total, 26 municipalities in the state contract services with a larger local department. The study provides the first systematic analysis of police shared service agreement contracts in New Jersey across seven features: services and division of services, term of contract, cost and cost adjustments, early termination, and chain of command. The goal is to highlight the frequency and range of clauses included in these documents, to identify the responsibilities of the provider and receiver, to identify features that make contracts more or less palatable for the public, and to make recommendations for those parties interested in entering or renewing a shared service contract.

Contratación estatal, pobreza, captura del Estado y participación electoral

This paper analyzes the relationship of the Multidimensional Poverty Index, State Capture and electoral participation with the different modalities of public contracting. The first finding was that poverty has a negative correlation with the contracting modalities studied. The second finding was that the presence of armed actors, illicit economies, homicidal violence, electoral crimes and crimes against public administration increase the volume of territorial contracting. These variables were used to construct the State Capture Index. The third finding shows that electoral participation is ambiguously correlated with state contracting. Recommendations on the targeting of public spending in territories with illicit economies are presented.

Unequal Remunerations in the South African Private Sector

Abstract South Africa has passed various laws such as the Employment Equity Act 55 of 1998 to address discriminatory practices in the workplace. These discriminatory practices include the unequal pay between males and females performing work of equal value. Payment of unequal remunerations is prevalent in the South African private sector, and it is exacerbated by the preferential treatment enjoyed by white employees compared to employees in other race groups. White groups and black males dominate higher positions in the private sector and their remunerations are often higher than those of black female employees in similar positions. This is so because the private sector engages in the gender wage gap to the detriment of suitably black South African females who are both underrepresented at managerial levels and paid less than their male counterparts. This paper examined various transformative remuneration interventions and their effectiveness in ensuring remuneration equality regardless of gender. The paper examined those practical challenges that further hinder the achievement of income equalities in the private sector. The paper asserted that there should be consequences such as termination of State contracts for companies that deliberately engage in the payment of unequal remunerations between male and female employees. This paper adopted a qualitative research methodology. The data for this paper were sourced from the desk research, Acts, court decisions and international conventions dealing with income inequalities in South Africa. The paper concluded that companies need to strategise, track and measure income disparities and address the gender wage gap to promote equity and fairness in the workplace.

Geophysical fluid dynamics at deep levels in the lithosphere in the Ciscaucasia

The geophysical fluid dynamics at deep levels in the Ciscaucasia lithosphere is analyzed. The analysis shows that this structurally complex region lacks geological ability to ensure spatially extended hydraulic communication between all closely spaced geoblocks. Given zero meteoric water flows and deficient connate water, the phenomena observed in all basins are reflective of major vertical downward flows of fluids between geological formations along high-amplitude faults and discontinuities, and point at the dominating nature of a cardinally new type of hydrodynamic systems – the upper and lower hydrogeological levels. The regional and local oil and gas contents in any geological environment is a complex function of various factors and different-scale multi-vector fluid dynamics mechanisms and processes, such as generation of hydrocarbons, their primary and secondary migration, formation and spatial arrangement of reservoirs, conservation and dissipation of oil and gas accumulations. This is an integral effect of interrelation of geodynamic and geophysical fluid dynamic processes, which conditions dependence of oil and gas content on the geophysical fluid dynamics in a region – hydrogeochemical, groundwater dynamics, thermobaric conditions, etc. These dependences can be used as the reliable qualitative and quantitative criteria for hydrocarbon exploration at minimized risk and maximized efficiency of geological exploration.The study was carried out under the state contract with the Ministry of Science and Higher Education of the Russian Federation, Project No. 075-00069-20-02 dated 10 September 2020, Topic No. AAAA-A20-120092590017-4.

Engineering-geological zoning of the central area of the Upper Kama Potassium–Magnesium Deposit in view of salt karst propagation

With a view to geological and environmental safety of the central area of the Upper Kama Potassium–Magnesium Salt Deposit, the engineering-geological zoning is performed to identify karst-sensitive land. The zoning is based on two most fundamental factors: hydrogeology and neotectonics. Evaluation of the first factor consisted in determining the thicknesses of suprasalt deposits and the size of fresh groundwater zone by analyzing the data of exploration wells and other geological and hydrogeological materials, as well as calculating the thickness of the separating stratum corresponding to the interval of deposits from the top of the salt stratum to the lower boundary of the zone of fresh groundwater. The analysis of the second, neotectonic, factor was associated with the identification of increased fracturing zones in rock mass based on the grouping of faults and lineaments obtained from the interpretation of cosmic and aerial photographs, as well as from the construction and analysis of digital elevation models during field route observations. The comparison of two factors made it possible to zone the territory of research into areas with different degrees of protection of the salt stratum from the potential development of karst: high, medium and low. Within the areas with a low degree of protection, the further detailed studies of the hydrodynamic regime of groundwater and their interaction with the host rocks are necessary. The described method of engineering-geological zoning can find application to provide natural and technological safety in underground mining areas. The results obtained can be used in design of systems of special-purpose geodetic and hydrogeological monitoring.The research was carried out under the state contract, Topic No. AAAA-A19-119021190076-9.

Mineral resource potential of Kaalamo magmatic system

As a region with favorable geographic and climatic conditions and the developed infrastructure, Karelia is attractive for commercial-scale mining of mineral resources which enjoy high demand in the modern economy. Such resources include platinum group metals and gold. Promising occurrences of these minerals are detected in the Ladoga region, in associations with intrusive rocks of Kaalamo clinopyroxenite–gabbro norite–diorite system aged as 1888.3±5.2 million years. With respect to the age and petrochemistry, this rock system is somewhat similar to Kotalahti and Vammala Nickel Belts in Finland. Noble metals in Kaalamo intrusions belong to the syngenetic and epigenetic types. The syngenetic ore genesis started at the late magmatic stage (~800 °C) of intrusions, evolved and finished at the hydrothermal–metasomatic stage (<271 °C). The syngenetic mineralization (Araminlampi, Saouth Kaalamo, Keinoset, Ninimyaki) represents strata (to 10–11 m thick) impregnated with sulfides (pyrrhotine, chalcopyrite) and with noble metals in meta pyroxenite and hornblendite at the contents: ΣPd, Pt, Au—0.2–1.1 g/t; Сu—0.1–1.0%, Ni—0.03–0.1%, Co—0.01–0.03%. The epigenetic mineralization originated at the temperature of ~500–<230 °C in the zones (to 3.5 m thick) of intense shear deformation and low-temperature metasomatism (actinolite, tremolite, chlorite, prehnite, albite, quartz, calcite) and, among other things, transformed the older ore shoots. The ore content of the largest occurrences of this type (Surisuo, Rantamyaki) varies greatly: ΣPd, Pt, Au—0.1–11 g/t; Сu—0.2–2.0%, Ni—0.03–0.2%, Co—0.01–0.05%. The test ores contain up to 50 noble metals; both mineralization types are dominated by palladium bismuth–tellurides and sperrylites. The geological, mineralogical, physicochemical and geochemical data are reflective of the probable effect exerted on the ore genesis by the Svekofennian regional metamorphism and granite formation. The undiscovered potential resources of ΣPt, Pd, Au in four out of seven detected ore occurrences total approximately 9 tons. The overall mineral resource potential of Kaalamo magmatic system embraces 20–30 t of noble metals, 50–60 kt of copper and 10 kt of scandium (all meta pyroxenites, including nonmetallic, have steadily consistent contents of Sc—70–90 g/t).The study was carried out under the state contract with the Karelia Science Center of the Russian Academy of Sciences, R&D Topic No. 121040600173-1.

Marshaling ports required to meet US policy targets for offshore wind power

We analyze infrastructure needed for offshore wind power targets set by U.S. state and federal policies—specifically, manufacturing, vessels, and offshore wind ports. By examining cost-competitive turbine and project sizes and infrastructure challenges, we identify marshaling ports as a key bottleneck. Through elicitation of requirements from supply chain, port, and vessel experts, we identify the necessary attributes for marshaling ports and calculate the area needed to meet policy targets. US marshaling ports are currently insufficient to meet either state or federal power targets. We calculate state commitments from state contracts and policies: in sum, 40 GW by 2040. Federal targets from the Biden Administration are 30 GW by 2030 and 110 GW by 2050. Either target yields more demand for marshaling area than is currently available or planned. The shortage of marshaling area supply has incorrectly been attributed to lack of suitable U.S. locations. Instead, we attribute it to developers having built ports to support early, smaller projects, and having located them to incentivize state power contracts rather than developing ports for long-term, large-scale, and economically-efficient use. Additional land suitable for marshaling ports exists, but it requires commitment from port authorities and port investors to develop it for this purpose.

Analysis of the effectiveness of the use of financial resources in the procurement of pharmaceuticals for state needs

The use of different methods for analyzing the procurement of drugs for state needs made it possible to reveal the excessive range of drugs included in state contracts, as well as the low efficiency of the use of funds.