Current issues of the contract system in the sphere of procurement for ensuring state needs

Abstract

Issues related to public procurement have roots dating back to ancient times. However, legal practice shows that there are frequent cases of conflict situations with buyers caused by legally imperfect actions at the stage of public procurement and non-compliance with a number of legal requirements. It is especially noted that the two parties to public procurement are business entities, and, therefore, they must be legally equal in their ability to implement their own rights and do not need additional legal protection of their interests. However, the law does not always provide the same degree of freedom for the parties to public procurement. It is also worth paying attention to the fact that in real life, the parties often evade the written form of public procurement, drawing up only invoices for goods or other transfer acts. Nevertheless, the practice of the courts on that issue makes it possible to recognize public procurement as not legalized and, therefore, the money that was paid for its execution cannot be seized in accordance with the requirements for unjust enrichment.