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§ 3. Prospects of use of istoriko-legal experience in sphere of purchases at the present stage [336]

The modern condition of the Russian economy during an epoch of a varying world economic climate causes certain concern not only in the President of the Russian Federation that has been presented in the Message to Federal assembly of the Russian Federation: «ahead time difficult, strained, and much depends on each of us on the workplace.

So-called sanctions and external restrictions is a stimulus for more effective, accelerated achievement of objects in view» [337], but also other politicians and, of course, scientific community. Sphere of public procurements in the present conditions also with a high probability some changes expect. In developed foreign policy conditions still there are actual words of the Russian jurist, lawyer Peter Evgenevicha Kazanskogo: « Russian people, in consciousness of the greatest, opening before it, possibilities, with gratitude look back at the past, search in it of instructions on how our fathers resolved great problems which the history puts

To 3 states and the nations »[338].

The successful decision put for effective development of the state of problems in certain degree can be promoted by studying of historical experience on development of the domestic legislation, and together with
It of state regulation of system state podrjadov and deliveries throughout several centuries.

The comparative analysis of standard legal acts of various historical epoch allows to find out similarity between the modern legislation and the legislation of Russian empire, to reveal the general lines in manufacture state podrjadov and deliveries and the state and municipal purchases.

Modern legal regulation of the state and municipal purchases is based on the Constitution of the Russian Federation [339], the Civil code of the Russian Federation [340], the Budgetary code of the Russian Federation [341], the Federal act № 44-FZ «About contract system in sphere of purchases of the goods, works, services for maintenance of the state and municipal needs» [342] (further - the Federal act), and also other federal acts and the accepted subordinate legislation standard legal acts. It is necessary to notice, that in our dissertational research there is a problem of definition of prospects and possibilities of use of historical experience in sphere of purchases at the present stage, and we will pay attention to only basic positions of the Federal act.

It is necessary to notice, that similarity between the modern legislation and the legislation of Russian empire is traced in the purposes of realisation of purchases fixed in the Federal act. As well as earlier, in modern Russia realisation of purchases is necessary for «performance of functions and powers of the state bodies Russian Federatsii.gosudarstvennyh bodies of subjects of the Russian Federation» [343].

The system of the modern state order is under construction on principles of functioning similar on the maintenance state podrjada. In particular, the openness and transparency principle, proclaimed in the Federal act and characterised «free and gratuitous access to the information on contract system in sphere of purchases» with some historical corrective amendments has been reflected by the first in pre-revolutionary standard legal acts. Here we will recollect the Nominal decree from June, 3rd, 1714 «About publikovanii decrees about podrjadah and sales» [344] according to which the primary information about podrjadah without dependence from the status of the customer should be published in decrees.

Owing to historical specificity the information about state podrjade took places on «convenient places with drumbeat» [345]. The Admiralty regulations accurately established publication terms in July or November in case were successively assumed in the winter or in the summer according to. Similar norms contained in Position of 1830 «About the obligations concluded from the auctions between kaznoju and private people on podrjadam, to deliveries, under the maintenance obrochnyh articles and to sales of the state movable

3

imushchestv »[346].

In modern conditions of realisation of purchases it is forbidden to make actions which somehow promote competition restriction between participants of purchases. Fair competition between contractors was provided and in Russian empire. At observance of some the requirements established by standard legal acts, citizens or association of several persons had the right to take part in the auctions. The establishment of certain requirements as we already spoke earlier, spoke necessity of protection of the state interest from the unreasonable losses caused by actions of unfair contractors.

The principle of stimulation of innovations in many respects defines a vector of hi-tech development of the Russian economy in the XXI-st century. Independence of this principle in Russian empire can be challenged. In standard legal documents of this period there are no accurate instructions on the given kind of measures. The legislator, somewhat, indirectly promoted realisation of this idea by an establishment of the overestimated norms usyshki (shrinkages) and leaks at production transportation by boats and barkah in comparison with the equipped vessels. At a choice of the contractor the steadfast attention addressed on quality of the presented tests of production. As acknowledgement to it archival sources, namely business «Under the report of the Nizhniy Novgorod merchant of D.I.Kvasheshnikova about desire can serve them to take up delivery for metal caravans different smolnyh tackles» [347].

The principle of responsibility for efficiency of realisation of purchases is distinctly enough presented in system state podrjadov. The Officials which activity has been connected with maintenance of state needs, the conclusion state podrjadov and deliveries, bore personal responsibility for observance of the requirements established by pre-revolutionary governmental certificates.

Studying of modern contract system in sphere of purchases has allowed to draw one more parallel with system state podrjadov in Russian empire. Activity on maintenance of state needs, also as well as today, included some stages: planning, realisation, monitoring of purchases and the control in system state podrjada.

Planning of the state order in pre-revolutionary Russia had the simplified character in comparison with present time. Its allocation as separate isolated element of purchasing activity is disputable. On the one hand, a number of articles of the State expenditure in Russian empire easily gave in to planning for a calendar year. It is possible to carry expenses to them
On the maintenance of army, fleet, long-term architectural civil work, etc. as Documentary acknowledgement decrees about purchase of certain quantity of provisions the next year, supply of army by provisions and fodder, manufacture of civil work can serve. On the other hand, activity on realisation of the positions containing in above designated decrees was quite often accompanied by the edition of an additional file of the legal documents containing norms on financial maintenance of approved state requirements. As an explanation spontaneity of accepted decisions can serve it or absence in treasury of necessary quantity of money resources, or.

With a view of realisation of purchases for the state or municipal needs customers use competitive ways of definition of contractors or carry out purchases at the unique supplier. At formation of the state (municipal) contract carrying out of set of the competitive procedures allowing on the basis of objective indicators to choose from several offers best, as a rule, is supposed. Competitions are a version of competitive ways of definition of the contractor along with auctions, inquiry of quotations, inquiry of offers. In turn, competition can be opened, with the limited participation, dvuhetapnym, closed or closed with the limited participation closed dvuhetapnym.

On the basis of the Federal act open competition is the basic way of definition of the contractor in contract system in sphere of purchases of the goods, works and services for maintenance of the state and municipal needs. As a prototype of this modern competitive way of definition of suppliers the mode of production of the auctions «by means of the sealed announcements», for the first time officially established by the Code of laws can serve. On the basis of the Federal act the customer is obliged «to give possibility to all participants of the open competition which has submitted the application forms for participation in it.
To be present at opening of envelopes with demands »[348]. The similar measure providing realisation of principles of an openness and a transparency, existed in Russian empire. In day of opening of the sealed announcements in State chambers all interested persons were supposed. The winner of the auction the contractor who has offered the best conditions of execution of a contract admitted. We will remind, that preschedule opening of the sealed envelopes with demands was not supposed under the threat of punishment.

As a rule, process of purchase of the goods or service for maintenance of the state and municipal needs consists of «legally significant actions consistently replacing each other» [349]. The legislator, first of all, connects initiation of process of purchase with procedure of definition of the contractor which begins with preparatory measures: acceptances by the customer of the decision on necessity of carrying out of open competition within the limits of the specified Federal act, decision-making on creation of the competitive commission. Working out and the statement of the competitive documentation is compulsory condition of carrying out of open competition. At a stage of placing of the information on competition it is necessary for customer to be registered in uniform information system, and also to prepare and place the notice on carrying out of open competition. Requirements to the information placed in the notice contain in Federal act article 49. The following legally significant for procedure of definition of the contractor by a stage is reception and registration of application forms for participation in competition. The further actions of the customer are connected with consideration of the registered demands, their estimation, a choice of the winner, and also placing of the report of consideration and an estimation of application forms for participation in competition in uniform information system. Finishing
Stage of procedure of definition of the contractor is signing of the contract with the winner of competition.

For the purpose of the conclusion state podrjada we considered the similar mechanism of definition of the contractor in the Chapter II. The basic stages and universal principles of tendering and definition of the winner have been developed already in the middle of XIX century. The archival materials resulted in the chapter specified by us distinctly testify to it.

The rigid regulation of requirements to participants of purchases accompanied system of purchases during different historical epoch. Modern conditions of the admission of interested persons to purchases have under themselves a reasonable substantiation. Designated in article 31 of the Federal act of the requirement, first of all, are defined by necessity of protection of the state interests from a various sort of abusings. Feature of the modern Russian legislation, in our opinion, is division of requirements shown to participants on uniform and additional. During the historical period investigated by us all demands made to potential executors had uniform obligatory character.

Now customers actively use the right to an establishment to participants of purchase of the requirement about their absence in the register of unfair suppliers at a stage of giving of demands on an official site of uniform information system in sphere of purchases. Preconditions of formation of the register of unfair suppliers in Russian empire have been put in pawn in first half XVIII centuries in Peter I decree of 1714 «About publikovanii by decrees about podrjadah and sales» and Regulations of Chambers-boards of 1731. We will remind, that for the first time necessity of creation of the uniform systematised account of unfair contractors recognised the Senate in 1762. The governmental certificates had been entered an interdiction for the conclusion with the specified persons state podrjadov. The modern electronic resource is formed by Federal antimonopoly service of Russia and its territorial
Bodies. According to an official site of uniform information system in sphere of purchases as of February, 1st, 2016 in the register are more than 9300 unfair contractors. The resource demand illustrates an indicator of inquiries within one working day. The average index for October, 2015 has exceeded 29000 inquiries in day. In January, 2016 it has slightly decreased and has constituted over 24000 inquiries in day.

In system of public procurements of historical epoch compared by us restriction of participation in the auctions of contractors in case of performance of works or delivery of the goods of technological complexity, the specialised character, demanding from the executor of the contract of a necessary skill level was supposed.

At Alexander I has received the further development monitoring of procurement prices. It was carried out by the commission as a part of the leader of noble family, the captain-ispravnika, the governor of a town, city a head and public observers from guild on the basis of the prices given from everyone district for those or other goods and services. It was recommended to the commission «vyvest from all existing prices one difficult and to show thus the price the highest and most the lowest» [350]. Similar procedure by definition of the initial (maximum) price of the contract is provided by Order Minekonomrazvitija of Russia from October, 2nd, 2013 № 567 «About the statement of Methodical recommendations about application of methods of definition of the initial (maximum) price of the contract, the price of the contract concluded with the unique supplier (the contractor, the executor)» [351]. As well as in pre-revolutionary Russia the modern customer is obliged to execute a number of similar actions under the maintenance with a view of reception of the information on the prices at definition of the initial (maximum) price of the contract.

With a view of protection of home market of Russia, support of the Russian manufacturers and national economy development at realisation of purchases of the goods made in the foreign states, or the services rendered by foreign persons, the Russian Federation interdictions and restrictions on their admission are established. With a view of realisation of norms of the Federal act the Governmental order of the Russian Federation from July, 14th, 2014 № 656 «About an establishment of an interdiction for the admission of separate kinds of the goods of the mechanical engineering occurring from the foreign states, for realisation of purchases for maintenance of the state and municipal needs» [352] was accepted. The exception in application of these norms at present is constituted by the goods of Belarus, Armenia, Kazakhstan.

In conclusion Schetnoj of chamber of the Russian Federation on the draught federal law about the budget for 2015 it was established, that «the import share in domestic consumption of production of the pharmaceutical and medical industry constitutes 70 %-80 %, the establishment of restrictions and interdictions for import of separate kinds of production of the medical industry is represented expedient. importozameshchenie in this branch will allow to increase considerably manufacture of domestic medical products and medical products» [353]. With a view of realisation of protectionist measures in February, 2015 the Governmental order of the Russian Federation №102 «About an establishment of restriction of the admission of separate kinds of the medical products occurring from the foreign states, for realisation of purchases for maintenance of the state and municipal needs» [354] was accepted.

We suppose occurrence of the additional restrictive measures connected with protection of interests of the Russian businessmen, after presidium session
The state council concerning development rybohozjajstvennogo the complex which has passed on October, 19th, 2015. The president of the Russian Federation has suggested to limit state purchases of import fish. It established, that «a share of a domestic foodstuff in the state municipal authorities today practically about 60 %, and on fruit and at all 20 %» [355]. «If we can provide the state order for purchase of domestic fish and as a whole the foodstuffs is there will be a serious shift for our market and a signal, that the state is really interested in manufacture and deliveries.» - V.Putin has noted.

In November, 2015 in the Russian newspaper there was an information on the initiative of the Ministry of Agriculture of the Russian Federation to forbid «to schools, hospitals, the prisons, all power block and municipal unions» [356] to get a foreign foodstuff through system of state purchases. «The governmental order project is already prepared, have told« RG »in the ministry. Here a project essence: if on the tender it will be submitted still at least two demands, where country of origin of products - Russia and other countries EvrAzEs the demand with import will be dismissed» [357]. It is planned, that under an interdiction there will be "overseas" milk, oil, cheeses, rice, salt, sugar, fish and meat production.

Similar measures on protection of bases of a political system, support of a domestic commodity producer were undertaken in pre-revolutionary Russia. In 1800 with a view of maintenance of the Russian manufacture the state has established an interdiction for import «any the European silk, paper, linen and hempen matters» [358].

Requirements on granting of the certificate on respectableness of the contractor, entering of pledge as maintenance on state podrjadu
Were shown to all categories of suppliers participating in the auctions. The modern Federal act shows similar conditions for participants of purchase as antidumping measures. Decrease by the contractor of the price of the contract on 25 % and more obliges it to observe position of article 37 of the Federal act.

With a view of protection of the state interest against the risks connected with actions of unfair contractors at execution of the state or municipal contract by the customer requirements on its maintenance are established. The size of maintenance of execution of the contract, established by the Federal act, we will compare with pre-revolutionary indicators. We know, that in XIX century the size of pledge for maintenance of state deliveries and podrjadov constituted not less than 1/3 from their cost. Later, on the basis of position of Committee of ministers «About the permission to accept on podrjadam kommisariatskogo department pledges, instead of the third, on the one fifth part of the contract sum» [359] size of pledge has been lowered and has constituted 1/5 sums of the concluded contract. In modern conditions the size of maintenance of execution of the contract can constitute from 5 % to 30 % from the initial (maximum) price of the contract. Thus the contract should be concluded after granting by the winner of the auctions of maintenance of execution of the contract if that is provided. Default or inadequate execution by the contractor of contractual obligations under the current legislation is not the unconditional basis for maintenance deduction in full. Maintenance of execution of the contract is only means for which account the customer can collect, for example, the penalty or losses [360].

The order of maintenance of execution of the contract is defined in the Federal act. In article 329 of the Civil code of the Russian Federation it is detailed
Ways of maintenance of execution of obligations are specified. However, the modern Federal act № 44 does not provide maintenance of the quality assurance concerning a contract subject. With explanations of the current legislation and the developed practice have acted the Ministry of Finance of the Russian Federation [361] and the Ministry of economic development of the Russian Federation [362]. In their opinion, the customer has the right to specify in the draught contract the requirement about guarantee certificate maintenance. But these actions should not mention process of execution of the contract, obligations relations on maintenance of the quality assurance concerning a contract subject arise already after signing of the certificate of acceptance of the executed works. Pre-revolutionary contracts contained, in our opinion, more productive measures on maintenance of state interest. At building podrjade payment under the contract was made on the general bases. But definitive reception of the executed works occurred after the expiration of the established warranty period for the made works and executions by the contractor of all contractual obligations. The target date of guarantee certificates was split up for some time pieces after which proprocession the customer paid to the contractor a certain part from brought as maintenance on podrjadu pledge.

In sphere of modern purchases the system of the supervision which are carried out on a constant basis by means of gathering, generalisation, ordering and an estimation of the information on realisation of purchases is established. Similar actions under the maintenance existed on all extent of the historical period studied by us. The accounting documentation about prisoners in provinces state podrjadah was consolidated at governors who, in turn, directed summary reports to Senate office Pravitelstvujushchego.

Use by the state for the decision of the problems of financial resources assumes control of use of the state
Money resources. The legislation on modern contract system in sphere of purchases discriminates concepts audit and the control. Standard legal acts of Russian empire did not know such differentiation. Verifying actions with a view of an estimation of legality, validity and efficiency of expenses on state podrjady were made within the limits of control powers of official bodies. Movement of money resources and material assets was fixed in prihodnyh both account letters and books. The control over correctness of conducting the accounting documentation was assigned to the controller. In founded at the Senate in 1722 for association and streamlining otchetnoyorevizionnogo has put Revizion-office monthly from official bodies sheets about their financial and economic activity went.

Now the financial control acts as one of tools of protection of an order in financial sphere. Today as subjects of the control in sphere of purchases in the Russian Federation at federal level the chamber of the Russian Federation, Federal antimonopoly service of Russia, the Federal exchequer which is in conducting of the Ministry of Finance of the Russian Federation can act Schetnaja. At regional level actively carry out the control and supervision in sphere of purchases territorial bodies of Federal antimonopoly service of Russia.

According to an official site of Territorial administration Rosfinnadzora in the Nizhniy Novgorod area in the first half of the year 2015 by employees of department it has been spent 5 planned exit checks of observance of the legislation on contract system in sphere of purchases at realisation of purchases for maintenance of federal needs. Control actions had been revealed 459 infringements of requirements of the federal
Legislations. «The total sum of purchases in which realisation infringements are revealed, has constituted more than 464 million roubles» [363].

The basic infringements the Territorial administration of Federal service of financially-budgetary supervision in the Nizhniy Novgorod area recognises [364]:

- Absence in plans-schedules of a substantiation of the initial (maximum) price of the contract (volume of infringements from the general number revealed as a result of check - 25 %);

- The maintenance in the concluded contracts of inadequate conditions on responsibility of the customer and the executor for default of the taken obligations (the total amount of infringements has constituted - 72,73 %);

- The conclusion of the state contract with the participants who have presented as maintenance of execution of the contract the bank guarantee, mismatching Federal act requirements (the total amount of infringements has constituted - 0,23 %);

- Acceptance and payment by customers of actually outstanding works (the total amount of infringements has constituted - 0,45 %);

- Absence in the contract of requirements of maintenance of execution of the contract (the total amount of infringements has constituted - 0,23 %).

As the basic forms of the control which exist in a modern financial system, we name check and audit. The specified control actions met on pages of the pre-revolutionary legislation and archival sources. For example, in 1816 of the sheet about expenses of State chambers for the control over validity of the made expenses went to Expedition about public revenues. Later in 1821 expedition
Represented special department of the Ministry of Finance under the name of department of treasury [365].

Now the basic function of the financial control is law-enforcement. Revealing and suppression of infringements at realisation of financial activity are promoted by active participation of citizens and public associations within the limits of public control. For today the most known platform for struggle against inefficient use of financial assets in sphere of purchases is the project «For fair purchases», "Popular front" created by the all-Russian social movement For Russia ». Public association according to own site successfully copes with detection of doubtful purchases at the expense of budgetary funds. According to V.Putin:« They effectively enough undertook this business and very many expose divine »[366].

In Russian empire such form of the control has not received a wide circulation. At a stage of formation of institute state podrjada community leaders were involved as observers at tendering. Later such form of participation of merchant people has been abolished. Other certificates on similar actions the next years it was revealed not.

Public control abolition in system state podrjadov in Russian empire could not affect positively decrease in total of complaints from participants of the auctions. The appeal institute was characteristic for public procurements on all way of their existence. Unlike a pre-revolutionary appellate procedure now the right of giving of the complaint the public associations which are carrying out public control in sphere possess not only direct participants of purchases, but also
Purchases. Occurrence of new subjects of the appeal, the reference for the purpose of restoration of the broken rights and legitimate interests of participants of purchase in control body in sphere of purchases and in courts of justice, publication of complaint FAS of Russia in uniform information system, and also placing in open access of the information by results of its consideration provide realisation of main principles of contract system in sphere of purchases, such as a principle of an openness and a transparency, maintenance of a competition, professionalism of the customer, etc.

Abusings of officials in Russian empire were numerous and various. «Former time with its mandative moshennichestvami, an arbitrariness and red tape has left deep traces which were felt long and on Peter's death, and at it both dignitaries, and smaller officials were in the enormous majority of cases oppressors weak, embezzlers of public funds, and under an hour and real robbers» [367]. Practically each emperor who was on the Russian throne addressed to bureaucracy with an appeal to diligent and disinterested execution of the official duties for the blessing of the state and all Russian people.

The modern condition of sphere of the state and municipal purchases causes certain fears in the higher officials of the state. Existing and successfully applied methods of revealing of infringements and criminal acts allow to react to destructive changes in sphere of purchases operatively.

In case of infringement of the legislation on contract system in sphere of purchases guilty persons bear the legal responsibility established by the Federal act. A special version of social responsibility we will consider in retrospective aspect. The federal act provides disciplinary, civil-law, administrative and
The criminal liability as means of consolidation of legality in sphere of purchases.

The disciplinary responsibility of officials in pre-revolutionary Russia has been provided by a number of articles in separate volumes of the Code of laws. Imposing on the official of summary punishment was supposed only after a summer residence by the last of explanations. As disciplinary punishments the remark, reprimand, a deduction from the salary, moving on a subordinate post, removal from a post and arrest till 7 days admitted.

The order of application of positions KoAP the Russian Federation at attraction of persons to administrative responsibility for infringements at placing of orders is in detail explained in letter FAS of Russia from January, 23rd, 2014 [368]. Administrative responsibility in sphere of purchases is provided by chapters 7 and 19 KoAP the Russian Federation. Administrative violations admit action (inactivity) of the officials, expressed in infringement of a procedure of purchases, non-observance of requirements of the legislation on contract system in sphere of purchases at decision-making on a way and on conditions of definition of the contractor, infringement of an order of definition of the initial (maximum) price of the contract on gosoboronzakazu, in infringement of an order of the conclusion, change of the contract by results of definition of the contractor, default of the lawful instruction of the body authorised on control in sphere of purchases, etc.

The pre-revolutionary legislation did not know responsibility differentiation on administrative and criminal. Counteraction to mercenary abusings in sphere state podrjadov and deliveries was carried out by means of exclusively criminally-legal measures. We will remind, that for the first time acts in this sphere have undergone to criminalisation in 1845.
Occurrence in the Penal code of criminal and corrective separate corpuses delicti in the field of state purchases became certain achievement of a criminally-legal policy of XIX century.

For the modern criminal law absence of the special corpus delicti in sphere of purchases is characteristic. Necessity of criminalisation of illegal acts for narrow sphere with each new resonant purchase for the state or municipal needs is felt more and more sharply.

Within the limits of the legislative leadership deputies of the State Duma had been developed and brought in the Federal assembly lower chamber in March, 2015 the bill «About modification of separate acts of the Russian Federation regarding strengthening of struggle against corruption crimes» [369]. In the bill it is offered to enter in operating UK the Russian Federation new article 164.1, thereby to criminalise «plunder in sphere of purchases of the goods, works, services for maintenance of the state or municipal needs». According to the document as perpetrators officials of the customer and the contractor will act. The demand of the presented legislative leadership proves to be true annual growth of volume of the revealed infringements in sphere of purchases. As a deputy head of an investigatory department on JUrge investigatory management of Investigatory committee of the Russian Federation on Kemerovo area E.S has noted. Varechkin, in case of bill acceptance new norms «will allow law enforcement bodies and vessels not« to try on »the facts of abusing and excess of official powers or plunder in sphere of state purchases to criminal law general provisions, and most effectively to apply them in special provisions, forming pravoprimenitelnuju practice and uniformity of construction of statutes» [370].

On a boundary XIX - the XX-th centuries in Russia the powerful mechanism of stimulation of diligent execution of deliveries for requirements of the House of Romanovs was used. To owners and proprietors of trading institutions, masterful, factories, factories at a continuity of deliveries to the Highest Court yard and their general duration not less than 8 years from the Highest pleasure the rank «the Supplier of the Highest Court yard» complained.

The geography of suppliers of the Imperial court yard was extensive. From France wines delivered, fruit, flowers, perfume, an olive oil, etc. From Denmark the most widespread goods were luxury goods. India involved Romanov's House with beauty of products from an ivory. Cigars and flowers in considerable quantities went from Germany. The Great Britain pleased the Imperial court yard with production of brewing and hats. Domestic manufacturers also occupied a place of honour in deliveries to the state court yard. Suppliers from Moscow satisfied requirements for bread, fruit, beer, fault, linen, the fur goods, horses, etc. Proprietors of workshops, factories and factories of St.-Petersburg provided receipt of chocolate, sweets, with sausage production, paints, gold products, field-glasses, etc.

«Manufacture of deliveries on advantage from subjects of own manufacture or products from own factories, workshops and factories... Serviceable, diligent, under rather small prices execution of orders» [371] were obligatory requirements for assignment of an honorary title. Possibility of its acquisition only for Christmas and for Easter, high competition and rigid selection of applicants raised prestige of the got status.

The modern legislation does not provide award of a similar honorary title in sphere of the state and municipal purchases. The official recognition is not spent by the state of the best suppliers. But it is necessary to note not state form of an estimation of merits of the separate companies «following the results of participation in procedures of placing of orders and execution by them of the
Obligations by results of procedures of purchases for the state, municipal and corporate needs »[372]. Annually the public organisation« Moscow association of businessmen »and Commercial and industrial chamber of the Russian Federation hold open competition« Best supplier of year ». Official ceremony of rewarding of winners in branch nominations is spent within the limits of the All-Russia forum-exhibition« the State order - FOR fair purchases ». In 2014 by results of competition the best suppliers of the goods of medical appointment, articles of food, construction, repair-restoration contract works, services of telecommunication and communication, services of medical appointment have been chosen, etc.

Application forms for participation in competition «Best supplier of year» go suppliers of the goods, works and services not only for state, municipal, but also corporate needs. And as organizers of open competition mark, they do not guarantee completeness of scope of the market of suppliers of the state, municipal and corporate order, «therefore results of competition cannot be absolute» [373]. Not only suppliers are most of all interested in participation, but also in a victory in competition. We consider, that annual competition to the full realises a main objective presented in Position about carrying out of competition «Best supplier of year» [374]. Owing to objective causes social recognition of the best supplier cannot be used by the state or municipal customer for advantage granting before other participants of purchases.

Besides it not in a condition to the full to present an objective picture of successful work of this or that participant in the market of the state order because of impossibility of the account of all branch variety, all geography of the state and municipal purchases. Thus, in the modern

The Russian state would be not superfluous to develop the mechanism of an official state recognition of the best supplier as it was in pre-revolutionary Russia.

The pre-revolutionary legislation provided feature in powers of State chambers, the governor and the ministries of the conclusion state podrjadov and deliveries. In case the price podrjada did not exceed 5 000 roubles, the contract subscribed in chamber. Attraction of the governor was required at the price from 5 000 to 10 000 roubles. If delivery cost exceeded 10 000 or the governor could not approve the contract for any reasons, business went to the corresponding ministry. The federal act at the present stage does not know such mechanism of maintenance of the state interest in sphere of purchases. At observance of known principles and conditions of purchasing procedures the balanced price of the contract is reached. The customer independently, without intervention of by-standers defines economically proved limits of the purchasing activity.

Thus, it is possible to establish, that the modern system of realisation of purchases of the goods, services for the state and municipal needs is in many respects similar to historically developed pre-revolutionary system state podrjada. In certain degree of line of the state order in Russian empire are similar to system of principles operating now and procedures on maintenance of the state and municipal requirements. The uniform understanding of the purposes at realisation of the given activity allows to draw a certain parallel between state podrjadom and modern contract system in sphere of purchases. As a result of research we had been revealed a solidarity of purpose and principles of realisation of purchases, the basic stages of purchasing procedures, the mechanism of counteraction to the abusings made in the course of realisation of the Federal act.

It is necessary to note progressive character of the pre-revolutionary legislation. Introduction in the middle of XIX century of the criminal liability for

Fulfilment of illegal actions in sphere state podrjadov and deliveries for officials and contractors was apogee of counteraction

To abusings in this sphere. We consider, that developed by deputies of the State Duma the bill «About modification of separate acts of the Russian Federation regarding strengthening of struggle against corruption crimes» and offered by Committee of the State Duma on the civil, criminal, arbitration and remedial legislation for consideration by the lower chamber of Federal assembly of the Russian Federation will add the operating Criminal code of the Russian Federation with the special corpus delicti. Significant amount fastening criminally-rules of law, officials establishing responsibility and contractors in the course of the conclusion and execution state podrjadov and deliveries in the criminal code in edition 1845, 1885, 1903 in many respects promoted increase of efficiency of counteraction to abusings in the specified sphere.

Noted by us in the paragraph the form of a recognition of the best contractors in Russian empire definitely is worthy. In our opinion, the similar measure of encouragement of executors of the state or municipal contract is the powerful mechanism of stimulation of diligent execution of the taken obligations in the modern market of purchases.

Unlike the pre-revolutionary period at the present stage of development of purchases successful revealing of infringements in this sphere is promoted by public control. Now the vigorous activity in this direction is carried out by the all-Russian social movement "Popular front" For Russia ». At last session of the All-Russian popular front in Stavropol in January, 2016 the President of the Russian Federation V.Putin with advantage has estimated assistance of the public in struggle against corruption in sphere of purchases. In our opinion, such form of participation of citizens is an effective measure under the prevention, suppression and disclosing of offences.

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A source: BELINSKAYA Maria Petrovna. LEGAL BASES of COUNTERACTION to ABUSINGS In SYSTEM STATE podrjadov In RUSSIAN EMPIRE: ISTORIKO-LEGAL RESEARCH. The DISSERTATION on competition of a scientific degree of the master of laws. Nizhni Novgorod - 2016. 2016

More on topic § 3. Prospects of use of istoriko-legal experience in sphere of purchases at the present stage [336]:

  1. § 1.2. Subject sphere of the international legal regulation directed on the prevention and overcoming finansovoekonomicheskih of crises at the present stage
  2. CHAPTER 3. EXPERIENCE AND PROSPECTS OF USE OF SOME KINDS OF MEANS IN THE STAGE OF PRELIMINARY INVESTIGATION
  3. the CHAPTER III. The NIZHNIY NOVGOROD PRESS AT the PRESENT STAGE (1991-2013) : The TYPOLOGY And DEVELOPMENT PROSPECTS
  4. § 2. Legal hermeneutics at the present stage of development of the Russian jurisprudence
  5. 2. A place and a role of legal work in activity UIS at the present stage
  6. 1.3. Legal problems of struggle against sea terrorism at the present stage
  7. § 4. The basic directions of legal maintenance of reform of public service at the present stage
  8. §5. International legal controlling instruments of investment relations at the present stage
  9. 1.2. Studying of antiquities katakombnogo time of the Top Don at the present stage (the beginning of 90th of XX century - on present time)
  10. Problems of a legal regulation of judicial-expert activity at the present stage