CONCEPT AND ESSENCE OF CONTRACT ENFORCEMENT IN THE FIELD OF PROCUREMENT OF GOODS, WORKS, AND SERVICES FOR STATE AND MUNICIPAL NEEDS
DOI:
https://doi.org/10.24866/1813-3274/2022-2/134-146Abstract
The article reveals the essence of ensuring the fulfillment of obligations under the contract system. Multiple understandings of contract enforcement are revealed: legal relationship, legal condition of contract conclusion, legal structure, complex legal sub-institution, legal procedure, legal instrument. The article substantiates the intersectoral legal nature of contract enforcement and establishes that intersectoral relations between private and public law in the field of contract enforcement are manifested in the form of intersectoral legal regulation, intersectoral interaction, and intersectoral mutual influence. It is proved that public law requirements that affect civil law relations in the field of ensuring the execution of state and municipal contracts significantly reduce the dispositive capabilities of suppliers. The necessity of differentiation of legal regulation of relations in the field of contract enforcement and a dispositive combination of ways to secure obligations is justified.
Keywords: contract enforcement, contract, contract system, procurement of goods, works, services, inter-industry relations.