PRINCIPLES OF FULFILLMENT OF OBLIGATIONS FOR THE SUPPLY OF GOODS (WORKS, SERVICES) FOR STATE AND MUNICIPAL NEEDS
Chuprin M.G.
Tomsk IPKR of the FPS of Russia (Tomsk, Russia), senior lecturer in the department of execution of punishments not connected with deprivation of liberty and legal support of activity of criminally-executive system.
Annotation:
The purpose of the article is to determine the relationship between the general principles for the fulfillment of obligations with special rules governing the procedure for the procurement of goods, works, services for state and municipal needs. Using various approaches of civil law science to understanding the composition, content and name of the principles of the fulfillment of obligations, the author correlates them with the special rules of the legislation on the contractual system that regulate the procedure for the fulfillment of obligations. The article notes that the presence of public interest emphasizes the importance of the principle of real fulfillment of obligations, its implementation is ensured not only by the norms of private, but also by public law, prompting the parties to fulfill their obligations in kind. The requirement for the proper performance of the obligations formed by the contract is provided not only by the general provisions of the Civil Code of the Russian Federation, but also by the norms of a special law on the contract system. The author notes that such civil law principles of fulfillment of obligations as “economy” and “cooperation of the parties” underlie the implementation of the public law principle of responsibility for the effectiveness of meeting state and municipal needs, the efficiency of procurement.
Keywords:
principles of fulfillment of obligations; principle of actual fulfillment; principle of proper fulfillment; principle of economy; principle of cooperation between the parties; principle of inadmissibility of unilateral refusal to fulfill an obligation and unilateral change of its condition; state and municipal contract.
