Civil-legal terms in contractual system

Objective: to develop the “term” concept in the contract system legislation and to identify the features of terms calculation, taking into account the wording of the Federal Law “On the contract system in the field of procurement of goods, works, and services for state and municipal needs” of 02.07.2021.

Methods: general scientific and specific scientific research methods are used in the work.

Results: the legislation on the contract system does not register the “term” concept, but establishes it in all procedures and for all participants of the contract system. Terms violation entails administrative liability for both legal entities and officials. The entire logistics of procurement activities is connected with terms. As a result of the study, the following features related to terms in the contract system were identified: a) the terms calculation in the contract system in the field of procurement of goods, works, and services for state and municipal needs must be carried out in accordance with Chapter 11 of the Civil Code of the Russian Federation; b) Monday to Friday, except for federal official holidays, as well as other non-working days established by the authorities of the Russian Federation, should be considered working days; c) taking into account the high administrative responsibility for these offenses, if possible, to add to the established minimum and to subtract from the maximum period at least one day for unforeseen technical failures, in addition to the calculated period; d) in the legal structure “from the day following the day”, when establishing the maximum preventive terms in the law, to calculate the terms from the day of the event, the minimum preventive terms – from the day following the specified event; e) in some cases, as, for example, when concluding a contract, the customer should not only comply with all the terms of the formula “not more”, but also plan so that at the last stage there is no contradiction between “not more” and “not less”; f) the calculation of the terms provided by Law for the placement of electronic documents and information in the UIS starts from the moment they are placed in the UIS. Individual documents are placed in the UIS through the Treasury, the territorial body of which has the right to form notifications about the passage of control of these objects of control during the next working day. At that, the placement of control objects in the UIS will be carried out on the next working day from the date of their referral for control to the appropriate Treasury body.

Scientific novelty: the article for the first time examines the norms and rules for calculating the terms stipulated in the Federal Law “On the contract system in the field of procurement of goods, works, and services for state and municipal needs” as amended on 02.07.2021, and analyzes regulatory legal acts in the field of procurement that come into force on January 1, 2022.

Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the calculation of terms in the field of procurement.

1. On the contractual system in the sphere of purchasing goods, works, and services for public and municipal needs: Federal Law of the Russian Federation of 05.04.2013 No. 44-FZ, SPS Konsul'tantPlyus. Zakonodatel'stvo. VersiyaProf. consultant.ru (access date: 10.07.2021) (in Russ.).

2. Civil Code of the Russian Federation (part 1) of 30.11.1994 No. 51-FZ (1994). SPS Konsul'tantPlyus. Zakonodatel'stvo. VersiyaProf, Sobranie zakonodatel'stva, No. 32, Art. 3301 (in Russ.).

3. Labor Code of the Russian Federation of 30.12.2001 No. 197-FZ (2002). Sobranie zakonodatel'stva, No. 1 (part 1), Art. 3 (in Russ.).

4. Р 2.2.2006-05. 2.2. Hygiene of labor. Guidelines on hygienic assessment of the working environment and labor process factors. Criteria and classification of labor conditions (adopted by the Chief public health doctor of the Russian Federation on 29.07.2005). (2005). Byulleten' normativnykh i metodicheskikh dokumentov Gossanepidnadzora, 3 (in Russ.).

5. Code of the Russian Federation on administrative law breaches of 30.12.2001 No. 195-FZ. (07.01.2002). Sobranie zakonodatel'stva, No. 1 (part 1), Art. 1 (in Russ.).

6. On the features of implementing purchases in the period of taking measures on providing sanitary-epidemiological welfare of the population in the territory of the Russian Federation under the spread of the new coronavirus infection: Decree of the Government of the Russian Federation of 03.04.2020 No. 443, SPS Konsul'tantPlyus. Zakonodatel'stvo. VersiyaProf. consultant. ru (access date: 10.07.2021) (in Russ.).

7. Taxation Code of the Russian Federation, part 1 of 31.07.1998 No. 146-FZ. (1998). Sobranie zakonodatel'stva. No. 31, Art. 3824 (in Russ.).

8. Balantsev, E. V. (2015). Terms in the contractual system. Sovetnik v sfere obrazovaniya, 2, 8–11 (in Russ.).

9. Bermes, S. E. (2017). The issue of calculating terms in the contractual system. In Civil law, civil and administrative court procedure: topical issues of theory and practice, works of the 2nd All-Russia scientific-practical conference. Khabarovsk, Tikhookeanskii gosudarstvennyi universitet, 5–8 (in Russ.).

10. Decision of Moscow Offi e of Federal Antimonopoly Service of Russia on case No. 077/07/00-15710/2019. SPS Konsul'tantPlyus. Zakonodatel'stvo. VersiyaProf. consultant.ru (access date: 10.07.2021) (in Russ.).

11. Kramskoy V. V. (2021). The institution of term within the framework of a state (municipal) contract: concept, types, issues in their definition and calculation, Current Issues of the State and Law, 5 (17), 99–116 (in Russ.).

12. Gunba, А. А. (2019). Regarding extension of terms of bringing to administrative responsibility for violation of the contract system law. NB: Administrative Law and Administration Practice, (1), 33–40 (in Russ.). https://doi.org/10.7256/2306- 9945.2019.1.29085

13. Decision of the Commission of the Office of Federal Antimonopoly Service in Krasnodar region on case No. EA-186/2018 on breaching the law on contractual system in the sphere of purchasing goods, works, and services for public and municipal needs. https://fas.gov.ru/documents/612834 (access date: 10.07.2021) (in Russ.).

14. On notifying customers about implementing purchases: A letter of the Russian Treasury of 21.03.2017 No. 07-04-05/13-240. SPS Konsul'tantPlyus. Zakonodatel'stvo. VersiyaProf. consultant.ru (access date: 10.07.2021) (in Russ.).