Contract procurement system as an institution of civil law
Автор: Huseynli Imadi Ali Vuqar Ogly
Журнал: Legal Concept @legal-concept
Рубрика: Вопросы частноправового регулирования: история и современность
Статья в выпуске: 3 (40), 2018 года.
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Introduction: putting into effect the legislative regulation of the contract system has shown in practice an obvious increase in efficiency, both for the commercial sphere and for state customers, and in the end, for the economic situation of the country. However, the question of the aggregate of legal norms allowing the contract system institution remains open. Methods: the methodological framework for this research is based on the methods of scientific knowledge, among which the main are the method of systematicity, analysis and the comparative law one. Results: the author’s standpoint grounded in the work is based on the legislation and opinions of the competent scientific community on the issue of the sector profile of the institution of the contract procurement system. Conclusions: as a result of the study it was found that the core of the contract system are the rules of civil law; other rules with a fair amount of them are only subsidiary. This is confirmed by the fact that when there is the retreat and/or non-observance in the process of public procurement and the conclusion of public contracts of the most important principles of civil law, such as freedom of contract and equality of participants in civil relations, the system of free market relations and the development of competitive principles in the economic turnover is jeopardized. The absence of the latter or their lack of development will inevitably lead to the command-administrative and planned economic system.
Contract system, customer, state and municipal procurement, methods of state order placement, subject, method, civil law system
Короткий адрес: https://sciup.org/149130191
IDR: 149130191 | DOI: 10.15688/lc.jvolsu.2018.3.15