Change of the size and method of ensuring the performance of a state (municipal) contract during its execution: questions of theory and practice
The article deals with some problematic aspects arising in the course of execution of the state (municipal) contract. In the light of the implementation of the state policy to support small and medium-sized businesses in order to create effective mechanisms for their participation in the placement of the state (municipal) order, the issues of legal regulation of changes in the size and method of ensuring the execution of the contract are considered. It was established that the current version of the article 96 of the Federal law «Оп the contract system in the procurement of goods, works and services for state and municipal needs» does not only contain a detailed legal regulation of the mechanism for changing the size and method of ensuring the execution of the contract, but also contains elements of legal uncertainty. In particular, the law does not regulate the proportionality of changes in the amount of security in the case of partial performance of obligations under the contract. Also, according to the authors, the current legislation unreasonably limits the right of the supplier (contractor) to change the method of ensuring the execution of the contract in the absence of the facts of its partial execution. In this regard it is offered to make changes to part 7 of the article 96 of the Federal law «Оп the contract system in the procurement of goods, works and services for state and municipal needs», the draft of the offered changes is provided.