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  • Банковская гарантия как способ обеспечения заявок и обеспечения исполнения государственных и муниципальных контрактов в системе контрактных отношений

Article

Банковская гарантия как способ обеспечения заявок и обеспечения исполнения государственных и муниципальных контрактов в системе контрактных отношений

Ars Administrandi. 2015. № 4. С. 97-110.
Пахомова Л. М.

The article considers the features of the demand guarantee as a way to ensure the bids and to enforce the contracts in the contract system of the Russian Federation. The article is aimed to determine the development and features of the demand guarantee in the contract system in the comparison with the Civil Code of the Russian Federation in the period up to 2014 and thereafter. The demand guarantee in the contract system is defined as a special type of enforcing of pursuance of obligations and may be considered as a special case of providing the Civil Code according to the latest changes in civil legislation. The analysis shows that development of the institution of the demand guarantee in the system of the state and municipal procurement is characterized by distinctness that defines discontinuity and instability of this method in the development of procurement legislation. In addition, we can talk about the features of the demand guarantee in the contract system that are defined in three areas: the special rules of registration of the demand guarantee established by Law no. 44 dated 05 April 2013 “On the contract system in the procurement of goods, works and services for state and municipal needs” and by by-laws; particular subjects structure, existing in the demand guarantee and the special nature of the relationship between the subjects outlined in the demand guarantee in respect of recourse requirements. The conclusion is that the ability to overcome the difficulties in enforcement practice of development in the contract system will lie in creating new mechanisms of ensuring of pursuance of obligations and the possible transition to international standards of its settlement by adherence to United Nations Convention on Independent Guarantees and Stand-By Letters of Credit (New-York, 1995).