On the Definition of the “Life Cycle Contract” Concept in Russian Legislation
Federal law No. 44-FZ of 5 April 2013 “On the contract system in the field of procurement of goods, works and services for state and municipal needs” introduced the concept of a life cycle contract into Russian legislation. The market reacted enthusiastically to the normalization of this legal category: not only state (municipal) customers, but also legal entities that were not covered by this law, began to make transactions according to the life cycle contract model proposed by the law. At the same time, certain features of the legislative definition of the life cycle contract raised questions in the process of its practical application. The purpose of the study is to analyze the legal definition of the “life cycle contract” term for the correctness of its formulation from the point of view of certain requirements of traditional logic to the operation of defining the concept. The tasks are: analysis of the prerequisites of the legal definition of a contract lifecycle in the Russian legislation; the disclosure of the content of the “life cycle contract” concept and review it for major and minor characteristics; identifying potential defects in the legislative definition of contract life cycle. Research methods: formal-logical, historical-legal and system-legal. Conclusion: the current legislative definition of the life cycle contract probably contains inaccuracies, and therefore options for their elimination are proposed. Alternative definitions of the "life cycle contract" term are formulated, and a definition of the “life cycle” term is proposed. Judgments are made on the expediency of legislative establishment of a broader scope of application of this legal structure-outside the scope of state (municipal) procurement.