AN INDEPENDENT GUARANTEE (BANK GUARANTEE) IN CONSTRUCTION ACTIVITY IS AN EFFECTIVE WAY TO ENSURE PROPER FULFILLMENT OF OBLIGATIONS BY THE CONTRACTOR OR A PROBLEM FOR THE PARTIES IN CIVIL LAW RELATIONS (THE REVERSE SIDE OF THE SECURITY AT CERTAIN STAGES OF CONTRACTUAL RELATIONS)

Efimtseva Olga Aleksandrovna

This article discusses the actual problems of applying in practice, in the field of construction, such a method of ensuring the fulfillment of obligations as a bank guarantee. The consequences of its application at different stages of contractual relations are highlighted. The judicial practice is analyzed. Based on the analysis, it is concluded that this method of ensuring the proper performance of obligations is ineffective due to the high level of abuse of the right by the party to the contract acting as a beneficiary, on the one hand, and a real problem for the contractor due to the possible long process of restoring its reputation, in case of actual proof, in court, the position of a bona fide party.

Keywords:law, obligation, contract, bank guarantee, procurement