REVISITING THE QUESTION OF THE MECHANISM OF CIVIL LEGAL PROTECTION OF THE RIGHTS OF PARTICIPANTS OF THE CONTRACT SYSTEM IN THE SPHERE OF PROCUREMENT OF GOODS, WORKS, SERVICES FOR PROVISIONING GOVERNMENTAL AND MUNICIPAL NEEDS
Subject/theme. Author analyzes the features of the protection of the rights of participants of the contract system in accordance with civil legislation as well as Federal Law № 44-FZ of April 5, 2013 «On the contract system in the procurement of goods, works, services for provisioning governmental and municipal needs». Goals/objectives. The purpose of the research is to study the structure of the mechanism of civil-law protection of the rights of participants in the procurement of goods, works, services for provisioning governmental and municipal needs. Methodology. The methodological basis of the research is general scientific (dialectical, description, comparison, analysis, synthesis, induction, deduction, analogy, generalization) and private scientific (comparative legal, formal-legal, document analysis) methods of cognition. Conclusion. Firstly the mechanism of civil-law protection of the rights of participants in the procurement of goods, works, services for provisioning governmental and municipal needs consists in regulating the ways to protect participants in contractual relationships; secondly, in the emergence of contractual relations, with subjective rights and obligations as its content; thirdly, in implementation of the right to defense by contractual legal entities, that is, the actual use of the right to protection through jurisdictional or non-judicial procedures; fourthly, it is reflected in the stage of law enforcement, the main purpose of which is the development of an enforceable act that ensures the emergence, modification or termination of a contractual relationship; fifthly, in the real (legal and actual) restoration of violated subjective rights.