Baltutite I.V. Application of the National Regime in State and Municipal Procurement

DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.5

Iolanta V. Baltutite, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil and Private International Law, Base Department of the Southern Scientific Centre of the Russian Academy of Sciences, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5443-2157

Introduction: taking into account the political situation and the active introduction of sanctions by the European Union and Russia, the issue of applying the national regime in public procurement becomes particularly relevant. The national regime is used to develop the country’s domestic economy and create the most favorable conditions for the Russian producers. The national regime is aimed at developing the economic well-being of this country and supporting the Russian commodity producer, creating the economically favorable conditions for him to participate in purchases. At the same time, the transition from the explicit ban on the state purchases of imports of certain goods to more lenient restrictions has been marked. The purpose of the study is to analyze the mechanisms of applying preferences, prohibitions and restrictions on the admission of foreign goods and persons to the state and municipal procurement. The paper examines the restrictive measures used in the procurement of foreign goods, works, and services; the provisions of preferences for goods from the countries of the Eurasian Economic Union (hereinafter also the EAEU); and compares the legislative regulation of the national regime in Russia and in foreign countries. Methods: the methods of systematization, analysis, and comparative law are used. Results: the author’s well-founded position is based on the legislation and the opinion of the scientific community on the application of the national regime in the contract procurement system. The paper presents the brief conclusions and suggestions for improving the mechanism for implementing the conditions of the national regime to support the domestic suppliers for state and municipal needs. Conclusions: the national regime prescribed by part 1 of article 14 of Federal law of April 5, 2013 no. 44-FZ “On the contract system in the sphere of procurement of goods, works, and services for state and municipal needs” in practice results in significant restrictions for foreign manufacturers in many industries. Moreover, the bans, restrictions and conditions of admission apply not only to traditionally closed purchases in the field of defense and security, but also to the competitive segments of the economy, such as the supply of furniture and medicines. We have established that the introduction of a full national regime in all possible markets would not meet the interests of the majority of states. At the same time, the changes currently envisaged in the national procurement regime are aimed at simplifying the public procurement process, removing some existing prohibitions, and grouping the acts that establish the prohibitions within the national regime into a single document. However, the simplification of the national regime may jeopardize not only the work of the Russian light industry enterprises, but also the ability to independently provide the products to the main sectors of the country’s industry; it will negatively affect the Russian manufacturers.

Key words: contract system of purchases, customer, government procurement, national regime, countries of the EAEU.

Citation. Baltutite I.V. Application of the National Regime in State and Municipal Procurement. Legal Concept, 2020, vol. 19, no. 1, pp. 41-50. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.5

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