ISSN: 3034-2481
The author refers to one of the cases of non-competitive procurement, which is a preference for enterprises and institutions of the penal system. Preference in the form of direct contracting is necessary in order to provide enterprises with orders and create jobs for the labor adaptation of convicts. However, the imperfection of the legal design of the analyzed norm gave rise to numerous abuses in practice in the form of subcontracting the fulfillment of contractual obligations on other persons.
The author formulates a proposal to introduce into the legislation on the contract system in the field of procurement of goods, works, services a general requirement for the personal execution of the contract during procurement, in which any advantages are provided.
Draft Federal Law No. 783719-8 “On Amendments to the Federal Law “On the Procurement of Goods, Works, and Services by Certain Types of Legal Entities” (hereinafter referred to as the draft law) has been submitted to the State Duma of the Federal Assembly of the Russian Federation.