Analysis of the content and structure of the contracting system for the procurement of goods, work, and services for state and municipal needs
The article is devoted to the study of the phenomenon of the contracting system for the procurement of goods, work, and services for state and municipal needs. The author aims to determine the content of the contracting system as a legal category and its structure. In this context, the definitions of basic concepts in relation to the contracting system, such as a government contract, public procurement, and state needs are determined. Based on the analysis of the Russian Federation legislation and approaches established in domestic legal doctrine to the concept of the “contracting system”, the author reveals the substantive aspects of the legal phenomenon under investigation. The author concludes that the current structure of the contracting system is not optimal. The extension of the law on the contracting system to social relations, the essence and economic as well as legal content, which do not relate to its entity, the main principles, and objectives, has resulted in an ineffective legal impact on them. The author suggests changing the structure of participants of a contracting system on the basis of a specification of signs of the state (municipal) needs. It is proposed to exclude commercial organizations (the state and non-state forms of ownership) as entities which do not have state needs from the group of participants in the contracting system. State customers include budgetary and autonomous institutions. The author formulates proposals to amend current legislation on the contracting system to ensure the elimination of conflicts and contradictions in the legal regime regarding the purchases of goods, work, and services for the needs of the country’s defense and state security.