Risks of unfair conduct under the law on the contract system

Parfenyuk Natalia Valerievna

Property relations that arise between the state and other entities within the framework of the contract system in the field of procurement do not always have a predictable result and contribute to the achievement of goals, which is due to objective and subjective reasons. One of the objective reasons is the risk of unfair behavior of the parties to the contractual relationship. The current procedure of legal regulation of contractual relations enshrined in the Federal law of April 5, 2013 № 44-FL "About contract system in the procurement of goods, works, services for state and municipal needs" contains separate provisions that can reduce the risks of dishonest behavior of parties to contractual relations, but establishes a mechanism of realization of interests of the customer and the participant of the procurement does not yet include well-researched element in the protection of these interests, and adequate legal tools to anticipate risks and minimize their consequences.

Keywords:risk of unfair behavior, contractual relations, risk management, performance of obligations, the principle of good faith