Deposit of Funds as Security for the Execution of a Government (municipal) Contract by a Third Party
https://doi.org/10.25205/2542-0410-2022-18-2-33-36
Abstract
This article discusses the legal model in which the deposit of funds as a security for the performance of the contract is carried out by another third party instead of the procurement participant. The article provides a legal assessment of the situation in which a participant in a procurement, conducted in accordance with the procedure and under the conditions established by Federal Law No. 44-FZ dd. 05. 04. 2013, imposes the obligation to pay for the performance of the contract on a third party. For objective consideration of the issue, the author considers the practice of regulatory authorities and arbitration courts, and makes conclusions about the validity of such payment based on a systematic interpretation of the law.
About the Author
E. N. Anisimov
Rostransnadzor
Russian Federation
Russian Federation
Eugeny N. Anisimov, Consultant
Consultant of UGAN NOTB SFO
Novosibirsk
References
1. Akinfieva V. V. Security deposit as a way to ensure the fulfillment of obligations in Russian civil law. Monograph. – Moscow: Statute, 2019. (in Russ.)
2. The practice of applying the Civil Code of the Russian Federation, part one. Ed. V. A. Belova. – Moscow: Yurait Publishing House, 2010. (in Russ.)
3. Fulfillment of obligations by a third party. Scientific round table YI M-Logos from 02/01/2016. https://www.youtube.com/watch?v=mN6I3XnTmKE (Accessed 05/21/2021) (in Russ.)
4. Contractual and obligation law (general part): article-by-article commentary to Art. 307–453 of the Civil Code of the Russian Federation, ed. A. G. Karapetova. – M.: Statute, 2017. (in Russ.)
Review
For citations:
Anisimov E.N. Deposit of Funds as Security for the Execution of a Government (municipal) Contract by a Third Party. Juridical science and practice. 2022;18(2):33-36. (In Russ.) https://doi.org/10.25205/2542-0410-2022-18-2-33-36
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