Inadmissibility of imitation of compliance with the law when concluding a state contract with a sole supplier (on the example of the penal system)

Abstract

The legislation on the contract system allows in certain cases to make purchases from a sole supplier without using competitive procedures. One of the cases is the production of goods, performance of works, rendering of services performed by an institution or enterprise of the penal enforcement system in accordance with the list of goods, works, and services approved by the Government of the Russian Federation. The practice shows that in some cases, customers and (or) suppliers may unreasonably use the opportunity provided by the legislation, formally concluding a state (municipal) contract with an institution or enterprise of the penal system, bypassing competitive procedures, when actually a third-party business entity is engaged in the execution of the contract. The authors note that such situations actually constitute a circumvention of the competitive procedures for selecting a supplier provided for by law, and contradicts the principles and ideas of regulation laid down in the Law “On the contract system”.