On the Issue of Split of State and Municipal Procurement

Abstract

The current legislation of the Russian Federation in the field of procurement for state and municipal needs is not perfect and has a number of gaps. The article deals with the problem of differentiation of illegal behavior of customers from justified in the procurement from a single supplier (contractor) on the basis of paragraph 4 of part 1 of article 93 of the Law on the contract system. The relevance of the topic is due to the lack of legal definition of procurement fragmentation. The Author analyzes the law enforcement practice associated with the involvement of officials of state and municipal customers to administrative responsibility for violations of the legislation of the Russian Federation in the field of procurement, presents the opinion of researchers and practitioners on the issue. As a result of the study concluded that a new practice of qualification by supervising and judicial authorities of the actions of customers, regarded as a violation of the requirements of the Law on the contract system.