Agencies as members of contractual system in the sphere of procurement of googs, works, services for state and municipal needs

Introduction: the article examines the issues relating to the civil law status of agencies in the existing in Russia since 01.01.2014 contract system in the sphere of procurement of goods, works and services for state and municipal needs. Purpose: the author analyzes characteristics of the participation of a binding relationship arising from the concluded in the sphere of procurement for state and municipal needs contracts. Methods: a methodological basis of this study is a set of methods of scientific knowledge, among which the leading ranks of the dialectical method. Used in the article General scientific (dialectics, analysis and synthesis, abstraction and specification) and private-scientific methods of research (comparative legal method, legal modeling method, method of systematic interpretation of legal norms). Results: on the side of the contractor (supplier, other counterparty) by exposed on tender (auction) contract can be any kind and type of agency, whether private or state or municipal (state-owned, budgetary, autonomous). By the customer in the contract system agencies can act in two capacities: state-owned - as both state and municipal customers, budgetary agencies - as customers in the sense given to this notion of provisions of the Law about contract system. Identified a number of issues related to civil liability of budgetary and autonomous agencies for failure to fulfill obligations (improper fulfillment) received under these contracts, the lack of adequate ensuring and guarantees the rights of their counterparties, irregular ensuring the rights of procurement participants and state and municipal customers in the face of the corresponding agencies. Conclusions: the following ways of solving identified problems suggested: within the improvement of Russian civil legislation - the recovery of subsidiary liability of property owners of budgetary and autonomous agencies by the obligations arising from designated contracts, changing the order of debt recovery on these obligations and approaches to ensure their fulfillment.