Generalized experience of application of the Federal Law «On Contract systems in the sphere of procurement of goods, works and services for provisioning governmental and municipal needs» of April 5, 2013 №44-FL: some legal problems

Abstract

This article deals with the problems identified in practice when applying the Federal Law "On contract system in the sphere of procurement of goods, works and services for provisioning governmental and municipal needs", which have not been regulated as of the present day. The abovementioned law came into effect in 01.01.2014, and up to the present date twenty-one amendments have been introduced, which is due to a variety of technical and legal gaps, and despite such number of amendments, many questions arise with regard to the application of these rules. Such situations arise as a consequence of the formation and establishment of a new procurement system, introduction of new elements into it. The problems of enforcement of the norms regulating the implementation of the definition of the supplier (executor, contractor) arise among the participants of the procurement, as well as among the customers, thus it is necessary to analyze the causes of these problems and to formulate the ways to solve them.