Sindeeva Inga

The article analyzes the legal status of self-regulatory organizations (SRO) in the sphere of engineering surveys, architectural and construction design, construction, reconstruction, capital repair, and demolition of capital construction objects. The author describes the order of their creation and activities, examines the place and role of the National Association of self-regulatory organizations in the system of control over all stages of construction, and summarizes the process of forming the regulatory and legal framework. The author pays particular attention to the issues of compensation paid by the self-regulatory organization for the harm caused by its members, as well as the problem of creating and functioning of compensation funds. One of the most significant areas of SRO activity is the work aimed at increasing the effectiveness of applying responsibility measures to members of the organization. These include the level and efficiency of control over fulfillment by its members of their obligations under contracts and strengthening of supervision over the SRO activities both legally and practically. Currently, legislation of the Russian Federation regulates the legal status and main activities of SROs. The author notes that the main obstacles lie in applying these norms in practice. The article aims to draw attention to these complications through the comprehensive analysis of the legal norms, the bylaws, and the order of their entry into force.

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.

The article analyzes the regulatory acts governing the pricing process in construction, the procedure for establishingthe enlarged standards for the price of construction and its estimated cost. The author considers the scope of authority of the stateauthorities of the Russian Federation in the field of urban planning (mainly - the powers of the Ministry of Construction, Housingand Utilities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government). The paper deals with the specific legal problems of determining the estimated cost of construction, reconstruction,overhaul of objects, financing of which is carried out with the involvement of the budget system of the Russian Federation, as wellas legal entities created by the Russian Federation, the subjects of the Russian Federation, municipalities, the share of theRussian Federation, subjects of the Russian Federation, municipalities in the authorized (share) capital of which is more than 50percent. The author touches upon the peculiarities of works on the preservation of cultural heritage, the definition, formation andapplication of estimated prices for construction resources.

The process of development of domestic legislation in the sphere of state and municipal needs provision is traced by the author in the article; certain normative acts are analyzed. The problems of relations in the procurement of goods, work, services are considered. The analysis of the judicial practice of cases related to purchasing of goods, work, services for ensuring state and municipal needs is given. The author draws attention to the lack of uniformity of judicial practice, proposes measures for eliminating legal conflicts in the application of procurement legislation. The ways of reforming of the contract system legislation in the sphere of procurement are considered. The author considers some particular procedures for selecting suppliers (contractors, executors) based on the provisions of modern procurement legislation, in particular - Federal Law № 44 of April 5, 2013 «On the contract system in the procurement of goods, work, services to ensure state and municipal needs», Federal Law of July 18, 2011 № 223 «On the procurement of goods, works, services by certain types of legal entities». The analysis of the powers of executive bodies in the sphere of ensuring state and municipal needs and measures for control implementation is presented. The author practically does not touch the collisions of the current legal regulations concerning the contractual system in the procurement sphere; she does not interpret those regulations, but makes an attempt to draw attention to the unwieldiness of the legislation in this sphere.

The author substantiates the necessity of the legal regulation of the administrative process, as well as analyses the court procedure considering the cases of the disputable normative legal acts, non-normative legal acts, judgements and actions (lack of actoions) of the state bodies, body of local self-control.