Use of Electronic Documents and Their Images in Public Procurement

Abstract

The transition to the practice of public procurement using electronic documents and technologies predetermined not only the need to introduce new — "digital" concepts into normative, law enforcement and scientific circulation, but also the need for their doctrinal interpretation. The article examines the provisions of the Federal Law “On the contract system in the sphere of procurement of goods, works, services to meet state and municipal needs” dated 05.04.2013 No. 44-FZ (hereinafter referred to as Law No. 44) and the Decree of the Government of the Russian Federation dated 27.01.2022. № 60 (hereinafter referred to as Resolution No. 60) the concepts of "electronic document" and "electronic image of a document", and outwardly similar concepts of "electronic document" and "graphic image of the original document (graphic view)" used in the Federal Law "On the Procurement of Goods, Works, and Services by Certain Types of Legal Entities" dated 18.07.2011 № 223- FZ (hereinafter referred to as Law No.223-FZ) and the RF Government Resolution dated 10.09.2012 No. 908 (hereinafter referred to as Resolution № 908). The authors come to the conclusion that the term "electronic document" is identical to the concept of "electronic document", and the concept of "graphic view of a document" cannot be considered as a legal synonym for the concept of "electronic image of a document".
According to the authors, this contradiction can only be eliminated by the rule-maker himself