Legal relations arising when concluding public agreements: types and legal nature
The article is devoted to the definition of the nature of legal relations that develop during the conclusion of public contracts. The author examines these legal relationships and reveals absolute and relative legal relationships that arise when concluding public contracts. The meaning and legal consequences of the obligation to conclude them are determined. The judgments expressed in science, according to which, prior to the commencement of the procedure for concluding a public contract between a person engaged in entrepreneurial or other income-generating activities, and the other party, there is an «absolute obligation» are critically evaluated. The inadmissibility of the idea that the abovementioned person does not have an obligation to conclude a public contract at all, and the action of article 426 of the Civil Code should be qualified as a reflexive action of law, is recognized as unacceptable. It is proved that the obligation relationship certainly arises within the framework of the construction of a public contract, but not from the moment the obligation arises to conclude it, but from the moment of the onset of a special legal fact - the appeal of a specific consumer.