Journal article Open Access
Kh.Yu. Kulhavets, O.V. Nikanorova
The article analyzes the provisions on the peculiarities of the legal regulation of one of the types of business contracts – the purchase contract. It is noted that in light of the improvement of the public procurement procedure by introducing legislative amendments, the value of the procurement contract is updated. Requirements regarding essential conditions, form, enforcement, consequences of non-performance or improper performance of the procurement contract are disclosed.
A key feature of a procurement contract is its conclusion as a result of the procurement procedure, that is, a contract concluded outside such a procedure does not belong to a procurement contract within the meaning of the Public Procurement Law. In addition, a contract under which the customer does not receive ownership of the product or that no services or work are not provided to the customer cannot also be considered a purchase contract.
The Law on Public Procurement establishes only the peculiarities of certain contractual relations, the provisions of this law are special rules that determine the legal grounds for amendments and additions to contracts concluded as a result of public procurement. In doing so, the contract must comply with all the formal requirements of the Civil and Commercial Codes. It is worth noting that often special rules do not supplement but contradict general norms.
In order to properly develop the terms of the procurement contract, you must follow the following rules: correctly define the subject of the contract and its subjects; adhere to procurement principles; it is necessary to evaluate the current consequences of force majeure, especially during the period of hostilities; not to violate clearly established legal rules.