INJUNCTIVE MEASURES EFFECTIVENESS APPLIED IN THE NATIONAL PROCUREMENT SYSTEM FOR STATE, MUNICIPAL NEEDS WHEN CONDUCTING AN ELECTRONIC AUCTION

Abstract

This article studies prescribed by the Federal law of 5 April 2013 № 44 «On the contract system in the sphere of procurement of goods, works, services for provisioning governmental and municipal needs» and the legislation of the Russian Federation mechanisms that ensure both the proper procedures to determine the supplier and the feasibility of contracts. Both the traditional for contract systems in the sphere of procurement provisioning measures and the specific, defined based on the actual objectives of their application were subjected to review and evaluation. As traditional for contract systems we reviewed the institutions of provisioning applications for participation in the determination of the supplier, ensuring the contract performance, antidumping measures and as specific: the requirements for participants in the procurement of their membership in the selfregulatory organization in accordance with the article 55.2 of the Urban Planning Code of the Russian Federation, additional requirements to the participants of procurement of certain kinds of goods, works, services. According to the results of the study on evaluation of the effectiveness of the applied in the national contract system in the sphere of procurement of measures of effect on the market participants we have concluded that formally a set of norms developed and applied by the state, as well as by its organs and institutions, looks sufficiently elaborated. In conclusion, there are concerns that, following the development of mechanisms to ensure an effective determination of the supplier, unscrupulous participants of the contract system will force the legislator to seek new ways to develop the contract system in the sphere of procurement.