Procurement activities in thenon-state sector of the economy:problems of preparation ofdocumentation
In this article, based on the analysis of arbitration practice, the rules for the formation of procurement documentation are outlined. As the general rules, the author distinguishes be- tween specularity, semantic accuracy and completeness. When considering the actual issues of establishing requirements for participants of procurement procedures, the concept of non- measurable requirements is disclosed and examples are given, and the position of courts is stated that the freedom of the customer in establishing requirements for the participants in procurement is not absolute, but, on the contrary, relative, it is limited by mandatory norms rights, any non-objective demand on the part of the customer does not meet the objectives and principles of the procurement law. The legality of the six most popular admission criteria among customers is investigated: experience and qualiﬁcations; company turnover; the right to supply the goods; availability of licenses and other permits; conﬁrmation of the fact of being at a legal address. Customers are advised on how to properly create a section of docu- mentation on the order of evaluation and comparison of applications.