Procurement and law. 2025. 1.

Dear Judge Fausto Martin De Sanctis! First of all, let me thank you for agreeing to give an interview to our magazine “Public Procurement and Law”. You are one of the members of the editorial board of this magazine, which we are very pleased about.

We have known you since 2012. We regularly see you at various conferences, including the international conference “Public Procurement: Problems of Law Enforcement”, which is held annually at the Law Faculty of the Lomonosov Moscow State University. This year, another collective monograph (in Russian) on procurement legislation in foreign countries will be published, in which you are the author of the section on Brazil. Communication with you on the pages of our magazine indicates the special nature of our cooperation.

We know that you are a very famous judge in Brazil. In Russia, you are known primarily in connection with the criminal case against Boris Berezovsky. You convicted him in 2006. But more on that later. Since our journal deals with scientific issues in the field of procurement, let me ask you a few questions about Brazilian procurement legislation.

The author analyzes the concept and content of the initial (maximum) contract price as one of the institutions of the contract system aimed at ensuring the implementation of the principle of procurement efficiency. The article presents the main problems associated with the determination of the initial (maximum) price of the contract, gives examples from the practice of prosecutorial supervision. Based on the results of the study, the author concludes that it is necessary to further improve the law enforcement practice of determining the initial (maximum) price of the contract.

The procurement plan of corporate customers, whose purchasing activity is subject to Federal Law No. 223, is a publicly posted document from which, in certain cases, the process of concluding a civil contract begins. This paper attempts to identify the goals pursued by the legislator when establishing regulation of the relevant institution, provides an assessment of the practical implementation of the postulated goals of regulation, and suggests ways to change the current legislation on corporate procurement in the relevant part

The article discusses the criteria for identifying legal entities as corporate customers to distinguish such types of legal entities from state (municipal) customers. The relevance is due to the fact that in corporate procurement, regulated by the Procurement Law, customers have a significantly greater degree of freedom: they independently form procurement rules in their internal documents — procurement regulations. The article aims to find criteria that allow identifying customers in corporate procurement to resolve the issue of the scope of the Procurement Law for certain persons.

This article will consider the provision of a budget loan under Article 93.6 of the Budget Code of the Russian Federation (budget loans to replenish the balance of funds on a single budget account provided by the Russian Federation on the basis of agreements concluded by the territorial bodies of the Federal Treasury). It will consider the conditions for granting a budget loan, the subject composition and features related to the provision of credit to municipalities.

The article analyzes some aspects and problems that arise when applying interim measures in the form of suspension of execution of an agreement on disputes on invalidation of tenders within the framework of Federal Law No. 223-FZ dated 07.18.2011 «On Procurement of Goods, Works, services by certain types of legal entities». The author critically assesses the contradictory trends in judicial practice that have developed in the absence of a uniform approach by the courts in the issue of taking interim measures in the form of suspension of contract performance in such disputes and recommends that they be guided by the explanations of the highest judicial authorities, including those set out in the resolution of the Plenum of the Supreme Court of the Russian Federation dated 06.01.2023 No. 15 «On some issues of taking measures by courts to ensure the claim, interim measures and measures of preliminary protection».

The article describes the specifics of the legal regulation of procurement in the Donetsk People’s Republic during the period of economic and legal integration of the new subject of the Russian Federation into the Russian legal space. The directions of formation of the procurement legislation of the Donetsk People’s Republic are presented. The main issues preventing positive enforcement of federal and regional procurement legislation in the Donetsk People’s Republic are exposed.

The article investigated the peculiarities of the legislation regulating the cost rationing relations in procurements, assessed the process of forming the legislation of the Donetsk People’s Republic regulating the relations under consideration, identified the challenges in implementing this process and justified the suggestions on eliminating those challenges.

The involvement of artificial intelligence technologies in economic relations requires research into the regulation and application of these technologies. This issue is especially relevant for the procurement sector. In procurement there are economic and technological prerequisites for the introduction of such technologies. This article is about how in demand neural networks are in the current procurement paradigm. And what kind of regulatory work will be required to make the use of neural networks for preparing and conducting procurement legal?

The article discusses the problems of the practice of recognizing non-competitive procurement methods as competitive. At the same time, corporate customers have problems when non-competitive procurement methods are not recognized as competitive. Thus, a contradictory approach arises, for example, from antimonopoly authorities, to considering the same problem. This is reflected in tariff regulation. It is proposed to bring the legislation on tariff regulation into line with the legislation on corporate procurement.

Society is steadily striving to automate processes, high-tech solutions are becoming  increasingly important, business is developing activities using the latest software. In this regard, a number of discourses arise, primarily related to the specifics of the application of innovative solutions in practice, as well as the creation of a regulatory framework describing the processes in the dynamic development of the market and society. The article discusses the basic principles and features of the purchase of high-tech solutions for information modeling of urban planning. The concepts of “digital information model”, “information modeling technologies”, “innovative solution”, “digital twin” and others are considered. Based on the existing regulatory framework, the analysis of the listed concepts was carried out and the main patterns in procurement were identified. In the final part, the software products used for information modeling of urban planning are analyzed. A comparison of domestic and foreign solutions has been made

In recent months, a professional discussion has intensified among customers and suppliers about the effectiveness of the closed procurement circuit, which is regulated by Decree 301 of the Government of the Russian Federation and is designed to protect information about contracts from anti-Russian sanctions.

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.

The article examines the essence and legal nature of the price list agreement concluded in practice, examines some problems associated with the conclusion and execution of this agreement, and the positions expressed by researchers regarding the legality of its conclusion, and the relevant conclusions have been drawn.

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 article discusses the basic principles of Brazil’s new law on public procurement, including the principles of legality, anonymity, morality, publicity, efficiency, public interest, administrative integrity, equality, motivation, compliance with tender documentation, objectivity of decisions, legal certainty, reasonableness, competitiveness, proportionality, efficiency, planning, transparency, efficiency, separation of functions, cost-effectiveness, and sustainable national development. The authors give an overall assessment of Brazil’s new law on public procurement.

The article discusses the types of purchases in Russia and Brazil: state (municipal) and corporate. The provisions of two Russian and two Brazilian special procurement laws are briefly analyzed. The issue of ensuring public interest in public procurement is considered separately, and the question is raised about the expediency of enshrining the principle of priority of public interest in procurement legislation. A general description of competitive procurement methods in Brazil is given, and price thresholds for procurement from a single supplier are considered.

The subject of this publication is an overview of the former Law of the Republic of Kazakhstan «On Public Procurement» and the new Law of the same name, which entered into force on January 1, 2025. This article will address the following issues: trends in improving legislation on public procurement; individual amendments to the new Law on Public Procurement; issues of law enforcement practice in public procurement.

This chapter argues that there is a missing research to public procurement framework in the Republic of Indonesia — one of the fastest growing economies in the world. The author focuses on current but basic issues in prebidding stage rules, technical specifications with an emphasis on lots formation and division into lots, use of trademarks and other means of individualization. This paper explores the recent indonesian governement’s push for more competition in bidding stage through the development of e-procurement and e-catalog. The article analyses questions related to types of payments under the contract and public-contract modification framework, using law of Indonesia as a reference point. Paper discusses public procurement remedies.

XIII Interactive Round Table “New in Public Procurement Legislation: The Contract System Law and Law No. 223-FZ” (December 6, 2024, Lomonosov Moscow State University, Faculty of Law)

and

VIII St. Petersburg International Contractual Relations Forum (October 24-25, 2024, Expoforum Convention and Exhibition Center, St. Petersburg)

Review of judicial practice in the field of procurement of goods, works, services by certain types of legal entities for 2024