Yusupov Mohammad-Bastani R. The Responsibility of the Supplier (Contractor) Within the Framework of Contractual Legal Relations: The Legal Regulation and Judicial Practice
DOI: https://doi.org/10.15688/lc.jvolsu.2022.4.20
Mohammad-Bastani R. Yusupov, Candidate of Sciences (Juridisprudence), Associate Professor, Department of Civil and Labor law, Civil Procedure, Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot, Akademika Volgina St, 12, 117997 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5729-4271
Introduction: the contract system in the field of procurement is subject to numerous statutory regulations and, as a result, permanent amendments to the legislation in this area. The implementation by state customers of their functions on behalf of the Russian Federation or a subject of the Russian Federation indicates the social significance and importance of the final result of the purchase. At the same time, the proper performance of contractual obligations can be ensured by establishing appropriate civil protection mechanisms. Despite the legislative regulation of the norms on the responsibility of the supplier (contractor) within the framework of contractual legal relations, there are often different approaches in judicial practice, which makes it necessary to develop proposals and recommendations in order to optimize and improve the effectiveness of the law enforcement process in this area. Purpose: the analysis of the norms of law and current judicial practice, including the Supreme Court of the Russian Federation, on the responsibility of the supplier (contractor) in the field of public procurement; the identification of law enforcement problems; the development of proposals and recommendations in order to improve the effectiveness of the law enforcement process. Methods: the general scientific methods (analysis, synthesis, induction and deduction), as well as the comparative legal method act as the methodological framework for the study. Results: a doctrinal analysis of the concept of civil liability is carried out. It is established that, unlike the norms of the civil legislation, the payment of a penalty within the framework of the legislation on the contract system in the field of procurement does not attribute to the methods of ensuring the fulfillment of obligations (contract). The existence of opposite approaches in judicial practice when deciding on the collection of penalties is revealed. The problems of law enforcement in the case of accrual of penalty fees for late fulfillment of obligations are identified. The recommendations and suggestions are given for the correct application of the norms on the responsibility of the supplier (contractor) in the field of public procurement. Conclusions: it is concluded that it is necessary to publish explanatory information on the correct application of legal norms on the official websites of the authorized bodies in the information and telecommunications network “Internet” simultaneously with the regulatory legal acts making appropriate changes. The expediency of normative consolidation of the concept of “obligation that has no value terms” is indicated. The necessity of updating by the Supreme Court of the Russian Federation the Review of judicial practice of the application of the RF legislation on the contract system in the field of procurement of goods, works, and services for state and municipal needs is substantiated.
Key words: legislation in the field of procurement, state contract, civil liability, penalty, fine, penalty fee, judicial practice.
Citation. Yusupov Mohammad-Bastani R. The Responsibility of the Supplier (Contractor) Within the Framework of Contractual Legal Relations: The Legal Regulation and Judicial Practice. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 4, pp. 141-150. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.4.20
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