FEATURES OF CHANGING THE PRICE OF THE STATE CONTRACT FOR PERFORMANCE OF CONTRACTING WORKS FOR STATE AND MUNICIPAL NEEDS
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.
The purpose of the article is to study the peculiarities of changing the price of a state contract for a construction contract for state and municipal needs.The subject of the study was the question of changing the price of a state contract when it is identified the need for additional work, if their failure threatens the suitability and strength of the result. Analyzing the current legislation on the contractual system in the field of procurement of goods, works, services, the author notes that the restrictions on changes in the price of a state contract provided for by Law 44-FZ are aimed at preventing abuse, including corruption.However, the grounds existing in Law 44-FZ for changing the essential terms of the contract during its execution do not take into account the peculiarities of the fulfillment of obligations formed by certain types of work contracts.The article notes that due to the structural features of Chapter 37 «Contract» of the Civil Code of the Russian Federation, the norms of the Civil Code of the Russian Federation regulating relations under a construction contract and an agreement for the performance of design and survey work acquire a special character when regulating relations arising under a state contract for construction contract for state and municipal needs. The study of the materials of law enforcement practice shows that the courts and the control body in the field of procurement of goods, works, services for state and municipal needs, considering and resolving issues of changing the price of a state contract for the performance of contract work for state and municipal needs, are guided by the rules and principles of civil legislation of the Russian Federation.
contract; the price of the state contract; grounds for changing the essential conditions of the state contract; construction contract; contract work for state and municipal needs; fulfillment of obligations; state and municipal contract.