STATE REGULATION OF PAYMENT FOR WORK PERFORMED TO ENSURE STATE AND MUNICIPAL NEEDS IN THE ABSENCE OF A CONTRACT

Abstract

The article analyzes the problems that arise when a supplier (contractor, provider) makes a demand for a payment to a state and municipal customer in accordance with an oral agreement with him or in other circumstances, for goods, work, services to satisfy state and municipal needs in the absence of a contract. The author considers the legal nature of the relations of the parties, participants of the contract system, peculiarities of the legal status of the customer, some features of the formation of the contract price and calculation of the penalty. The paper gives a legal assessment of the numerous facts of the performance of work, the provision of services for state and municipal needs without concluding a contract, analyzes the extensive judicial practice in cases from these relations. The specific situations in which such works were performed and services were provided (their nature, circumstances of production, reasons for refusal by the actual customer to pay for works, services performed on his behalf in the absence of a state or municipal contract) are analyzed. The correlation of the provisions of civil legislation on freedom of contract with the provisions of the norms on the contract system is determined, separate provisions of the legislation on the contract system and competition are investigated.