Email this article The institution of term in legal relations to ensure the execution of state (municipal) contract and guarantee obligations: issues of legal regulation practice
- Authors: Kramskoy V.V.1,2
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Affiliations:
- The Russian Presidential Academy of National Economy and Public Administration
- Tambov State Technical University
- Issue: Vol 5, No 19 (2021)
- Pages: 475-485
- Section: Материальное право
- URL: https://journals.rcsi.science/2587-9340/article/view/303969
- ID: 303969
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Abstract
We investigate the institution of term in security relations, used in the provisions of state (municipal) contracts concluded for the procurement of goods, works, services to meet state and municipal needs. The main goal is to analyze the provisions of the legislation on the contractual system in terms of comprehending the existing approach to securing in law the security obligations of counterparties of the state customer, the periods during which one or another method of securing the execution of the contract is valid, and the period during which it is provided by the supplier, contractor, executor securing both the contractual obligation and the guarantee obligation following it. We pose the problem of inconsistency in the legal regulation of the named legal institution and legal uncertainty in the application of its individual aspects, an explanation is given for this state of affairs, and we give examples of the possible formulation of conditions on the duration of security obligations in a contract. In particular, it shows cases of a “legal vacuum” in a situation with the return of funds contributed as a security for the performance of a contract, a case of a gap in the law regarding a condition on the term of provision of a guarantee, etc. The work is practice-oriented and contains examples of the possible formulation of the terms of contracts in terms of the effect of interim measures. The research methodology is based on methods of analysis and synthesis, formal legal and comparative legal methods.
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About the authors
Vadim V. Kramskoy
The Russian Presidential Academy of National Economy and Public Administration; Tambov State Technical University
Author for correspondence.
Email: vkramskoy@mail.ru
ORCID iD: 0000-0002-4186-7765
Candidate of Law, Associate Professor of Legal Disciplines Department; Associate Professor of Civil Law and Procedure Department
Russian Federation, 84 Vernadskogo Ave., Moscow 119571, Russian Federation; 106 Sovetskaya St., Tambov 392000, Russian FederationReferences
- Kruglikova E.V. Titul’noye obespecheniye kak sposob obespecheniya ispolne-niya obyazatel’stv [Title security as a way of securing obligations]. Voprosy rossiyskoy yustitsii [Russian Justice Issues], 2019, no. 3, pp. 414-432. (In Russain).
- Braginskiy M.I., Vitryanskiy V.V. Dogovornoye pravo. Kniga pervaya [Contract Law. Book one]. Moscow, Statut Publ., 2001, pp. 171. (In Russain).
- Demenina E.A. Pravovyye problemy obespecheniya garantiynykh obyazatel’stv [Legal problems of ensuring warranties]. Khozyaystvo i pravo – Business and Law, 2021, no. 1 (528), pp. 122-128. (In Russain).
- Guseva T.A., Fominova E.M. Problemy obespecheniya ispolneniya garantiynykh obyaza-tel’stv posle 1 iyulya 2019 goda [Problems of enforcing warranty obligations after July 1, 2019]. Khozyaystvo i pravo – Business and Law, 2020, no. 9 (524), pp. 123-128. (In Rus-sain).
- Pervushina E.S. Problemy obespecheniya garantiynykh obyazatel’stv pri postavke to-varov dlya gosudarstvennykh (munitsipal’nykh) nuzhd [Problems of ensuring warranty obligations in the supply of goods for state (municipal) needs]. Materialy 9 Mezhdunarodnoy nauchnoy konferentsii «Yuridicheskiye nauki: problemy i perspektivy» [Proceedings of the 9th International Scientific Conference “Legal Sciences: Problems and Prospects”]. Kazan, 2020, pp. 12-17. (In Russain).
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