Cancellation of Tenders Based on Administrative Prescription: Practice and Problems
https://doi.org/10.18384/2949-513X-2024-3-50-61
Abstract
Aim. To determine the legal significance and problems of applying the cancellation of tenders on the basis of an administrative order, formulate proposals for eliminating them.
Methodology. In the work, using the functional method, the legal nature of the cancellation of tenders based on an administrative order is determined. Then, through an analysis of legal norms and judicial practice, a distinction is made between this measure and the recognition of tenders as invalid, and differences with other administrative orders affecting the course of tenders are identified, and the limits of application of this measure are determined. The formal logical method was used to formulate the final conclusions and verify them.
Results. The author proves, that the use of this legal measure must be restricted to use only in cases, when the interest of tender participants is inextricably linked with the consolidation of property rights of a public legal entity. It is also necessary to enshrine in the law the general conditions for applying restrictions of the antimonopoly law. The need has been identified to change the approaches of judicial practice that unreasonably limit the application of this measure in cases where bidders are not competitors on the product market.
Research implications. The study highlights the main problems of the cancellation of tenders on the basis of an administrative order that impede its effective and fair application and formulates proposals for improving legislation and law enforcement.
About the Author
E. V. Korolev
The Institute of Legislation and Comparative Law Under the Government of the Russian Federation
Russian Federation
Russian Federation
Evgeny V. Korolev – Postgraduate student, Departmentally Head, Department of Legal, Documentation and Personnel support, Federal State University of Education
ul. B. Cheremushkinskaya 34,Moscow 117218
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