Maintaining a balance between the interests of the individual, society and state in the contract system
Proceeding from the modern understanding of the definitions of “balance” in relation to legal regulation and “interests” in the meaning of legitimate interests of participants in the contract system, it is concluded that the principles of establishing and maintaining a balance of interests of the individual, society and state in the contract system, although not directly contained in the legislation on the federal contract system, but stem from the spirit and content of constitutional and civil law norms. The legal position of the Constitutional Court of the Russian Federation is to recognize the state’s obligation to maintain such a balance by various means, including the restriction of rights proportional to its objectives, which is fully applicable to the relations emerging in relation to state / municipal purchases. The author proposes to introduce the principle of equality of participants in the contract system, as well as the principle of following the balance of their legitimate interests into the federal law on FCS.