Belyaeva Olga A.

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.

The problem of dishonesty and its manifestations in competitive methods of concluding a contract today is practically not studied. There is no mechanism for identifying and suppressing such offenses. The authors distinguish this type of dishonesty from unfair competition. The article highlights the main formats of unfair behavior at the auction, in particular: cartel conspiracies, nominal participation, evasion of concluding an agreement based on the results of a competitive method, submission by a participant of many applications to increase the price offered by him in the absence of consecutive applications from other participants, manipulation of the bidding mechanism. The authors consider cartel conspiracy at tenders to be an independent offense, different from cartels in the commodity market, and the use of special technical means at tenders is not qualified as unfair behavior of participants.