EXPERT EXAMINATION PURSUANT TO THE LEGISLATIVE PROVISIONS OF THE SYSTEM OF CONTRACTING: THEORY AND PRACTICE

Abstract

The article examines the problems of the examination results of the implementation of the state or municipal contracts. With effect from January 1, 2014 the Federal Law of April 5, 2013 N 44 «On the system of contracting: in procurement of goods, works and services for state and municipal needs» by the state and municipal customers there is an additional obligation at acceptance and resulting in state municipal contracts implementing a mandatory examination. The author gives an analysis of the legislation on the contractual system in attracting experts in implementing the examination directly by the customer. The article deals with a set of rules governing the legal relations, as well as an analysis of the problems in their application. In particular, we study the problem of the lack of legislative recognition of the concepts of «expertise», «expert opinion.» The author defines the problems of application of the rules on compulsory examination involving experts of certain procurements and provides working recommendations for the customer in terms of the implementation of the mandatory examination results of the execution of the contract.