Sergiev Posad, Russian Federation
The article investigates the problems in the legal regulation of relations in the field of contract work for state needs. Served as the basis for studies, the Federal Law № 44-FZ "On the contract system in the procurement of goods, works and services for state and municipal needs", which significantly changes the procedure for determining the contractors for the contract to perform works for the needs of the Russian Federation and its subjects . An exhaustive list of the types of trades that can be divided according to the following criteria: possible involvement in the definition of contractor: competition may be open, closed, competition with limited participation and closed tender with limited participation; as the form of the auction for the legislator directly calls only closed auction; in the form of placement: unlike the competition, the auction is possible in electronic form, depending on the number of stages of the competition can be carried out in two stages (two-stage competition) auction is always one step. Described in detail is the mechanism of bidding and auctions, and the author focuses attention on the selection of contractors performing work of good quality and others. Main factors that enable customers of construction works to ensure proper quality refer to the possibility of establishing additional requirements for the qualification of the contractor, the ability to perform work due to specification, material and technical base. Described are general requirements for all participants of the state order.
construction contract, secured obligations, civil and legal regulation
1. Borisov, A.N., Trefilova, T.N. Kommentariy k Federal´nomu zakonu «O kontraktnoy sisteme v sfere zakupok tovarov, rabot, uslug dlya obespecheniya gosudarstvennykh i munitsipal´nykh nuzhd» (postateynyy). A.N. Borisov, T.N. Trefilova. - M.: Delovoy dvor, 2013.
2. Osipov, V.S. Stroiteli dozhdalis´ konkursa. Ob osobennostyakh razmeshcheniya zakazov v stroitel´stve v usloviyakh FKS. Byulleten´ Operativnoy Informatsii «Moskovskie Torgi». - 2013. - № 9.
3. Torosyan, D.S. Grazhdansko-pravovye osnovy regulirovaniya podryadnykh rabot dlya gosudarstvennykh i munitsipal´nykh nuzhd: dis. … kand. yurid. nauk: 12.00.03. - Rostov n/D., 2009. - S. 113.