TECHNIQUES AND METHODS OF CIVIL LAW RESEARCH ON THE CONTRACT SYSTEM LEGISLATION

312 Информация для цитирования: Зарубин А. С. Приемы и методы гражданско-правового исследования законодательства о контрактной системе // . . Вестник Пермского университета Юридические науки 2017. Вып. 37. C. 312–322. DOI: 10.17072/ 1995-4190-2017-37-312-322. Zarubin A. S. Priemy i metody grazhdansko-pravovogo issledovaniya zakonodatel’stva o kontraktnoy sisteme [Techniques and Methods of Civil Law Research on the Contract System Legislation]. Vestnik Permskogo Univers iteta. Juridicheskie Nauki – Perm University Herald. Juridical Sciences. 2017. Issue 37. Pp. 312–322. (In Russ.). DOI: 10.17072/1995-4190-2017-37-312-322.

Introduction: the problem of compatibility of the multibranch norms contained in the complex contract system legislation is actually not researched in the doctrine.With few exceptions, scientists' attention is focused on the analysis and criticizing of th e separate civil legal aspects.A significant number of works are based on commenting the old and new contract legislation, with the conceptual issues being left unaddressed.Purpose: to justify the necessity for the complex approach to the contract relations regulation; to analyze the correlation between the special and general legislation on contract conclusion and performance.Methods: the system method of cognition, as well as the methods of complex and interdisciplinary analysis and the method of comparative legal study were used.Results: the contract system legislation is complex, thus providing for two approaches associated with the differentiation and integration of all the types of the existing legal knowledge about the contract system.The absence of a strong concept of the contract system legislation results in failure to provide the consistency of legal regulation and in excessiv e detailing and duplication of the rules of special laws in the Civil Code of the Russian Federation.The interdisciplinary researches are of special importance, as for understanding the civil legal aspects of the contract system it is apparently not enough to only use formal-logic analysis of the existing legal norms.The financial budget aspect present within the contract system legal regulation makes it essential to research the correlation between the civil, budget and special legislation in terms of the efficiency of regulating the government purchases of goods, works and services.The orientation towards acceding to the World Trade Organization Agreement on Government Procurement demands successive and simple regulation in this sphere.
Introduction: the problem of compatibility of the multibranch norms contained in the complex contract system legislation is actually not researched in the doctrine.With few exceptions, scientists' attenti on is focused on the analysis and criticizing of the separate civil legal aspects.A significant number of works are based on commenting the old and new contract legislation, with the conceptual issues being left unaddressed.Purpose: to justify the necessity for the complex approach to the contract relations regulation; to analyze the correlation between the special and general legislation on contract conclusion and performance.Methods: the system method of cognition, as well as the methods of complex and interdisciplinary analysis and the method of comparative legal study were used.Results: the contract system legislation is complex, thus providing for two approaches associated with the differentiation and integration of all the types of the existing legal knowledge about the contract system.The absence of a strong concept of the contract system legislation results in failure to provide the consistency of legal regulation and in excessiv e detailing and duplication of the rules of special laws in the Civil Code of the Russian Federation.The interdisciplinary researches are of special importance, as for understanding the civil legal aspects of the contract system it is apparently not enough to only use formal-logic analysis of the existing legal norms.The financial budget aspect present within the contract system legal regulation makes it essential to research the correlation between the civil, budget and special legislation in terms of the efficiency of regulating the government purchases of goods, works and services.The orientation towards acceding to the World Trade Organization Agreement on Government Procurement demands successive and simple regulation in this sphere.Keywords: contract system; public needs; public investments; government (municipal) purchases; contract for government needs; contract Введение В мировой практике признано что ко , нтрактная система в единстве с бюджетной и налоговой системами является основой современных экономик В этом одна из причин [13].повышенного внимания к недавно созданной российской контрактной системе ее достиж , ениям и недостаткам.

Introduction
It is acknowledged in the world's practice that the contract system united with the budget and the tax systems is the basis of the modern economies [13].This is one of the reasons for the special attention to the recently developed Russian contract system, its achievements and drawbacks.
Agreeing in general with the obvious evolutionary character of the new legislation, we nevertheless mention that the new law about the contract system is, to a lesser extent, the result of the existing scientific doctrine of this sphere.To a greater extent, it is the output of the practical generalization of the efficiency of the provisions of Federal Law No. 94-FZ "On Placing Orders for Goods, Works, and Services for State and Municipal Needs" of July 21, 2005 and the final outcome of the agreements and compromises between the two executive power bodies, the Russian Federation Ministry of Economic Development and the Federal Antimonopoly Service of the Russian Federation, subsequently chosen as the executors of this law in practice .The thorough theoretical understanding of the incurred changes is yet to come, as well as the choice of the research areas needed for the lawenforcement practice and for the legislator.
As it is rightfully mentioned in literature, the main function of the government contract is not the правового договора перемещение материал ьных благ а организация согласованной де , ятельности различных субъектов направленной , на удовлетворение государственных нужд [3, c. 20; 23; 27; 30] [3, pp. 20; 23; 27; 30].Agreeing with this reasonable, in our opinion, statement encourages to change the research areas of the contract system problems.Today, they are excessively presented in some areas, for example, in the comparative analysis of "before" and "now", in developing definitions for such notions as "contract system", "government purchases", "governmental needs", while other areas have research gaps, for example, in solving the issue of the efficiency of the contract norms "being included" into the objectively developed structure of multibranch (administrative, financial) legal relations.
Basically, the theory and practice of the contract relations are characterized by the fragmentarity 1 , which is limited to either criticizing the provisions of Federal Law No. 44 "On the Contract System in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs" of April 5, 2013 (hereinafter referred to as the Contract System Law), or commenting its separate provisions and institutions.

Contract System Legislation Complexity and its Consequences
The contract system legislation bears all the signs of complexity.This circumstance is acknowledged by practically all of its researchers [19; 22].However, it is not every time that the consequences of this acknowledgement ensue.
As V. F. Yakovlev notes, the legislator often adopts particularly complex acts [17].Yu. A. Tihomirov's line of reasoning is similar: "...when organizing the normal legislative processes aimed at the optimal effect, the efficient activity of the executive power is also manifested through the mandatory legislation complexation" [12].The natural question is about the purposes of such complexity.Such legislation is characterized by the complexity of the regulation subject, the complicacy of the conceptual definitions, the problems with the terminological rows unification, the problems of the regulation methods integration, a high risk of the collision character of separate provisions. 1 In civil science, there are only isolated monographic works covering the conceptual aspects of the contract system [11].
Let alone the fact that the connection between the multibtranch public relations results in necessary changes inside the interacting public relations and generates features of theirs which they did not have before the mentioned interaction.
Complex acts are of different nature.The overwhelming majority of them are acts containing the basic array of provisions belonging to a particular branch, however also including some of the out-of-the-branch provisions.Other acts, which are in the minority, have clear features of complexity.The latter include the Contract System Law, which was adopted due to the necessity to create a juridical mechanism that could consistently reflect the regulation of all the interrelated phases of purchasing, including planning, defining suppliers (contractors, executors), contract making and performance, as well as the purchase monitoring, audit and control of the procurement legislation observation.As a result, each of the seven law's chapters forms a separate (but not autonomous) juridical part.V. P. Mozolin called such acts structural complex formations, having noted that the legal norms of private and public law included into their contents should stay in the condition of continuously functioning juridical compatibility when used as a whole [10].
The need for a good juridical compatibility binds a researcher of any pre-contract, contract and post-contract relations with the rules of the complex analysis method requiring studying the corresponding legal phenomenon not solely but in its interconnection with other legal phenomena both derived from it and preceding it.In the sphere of civil law, the use of this method is usually associated with overcoming the limits of the branch and solving the specific task through the simultaneous use of scientific methods employed by other sciences.The use of the complex analysis method allows a researcher to avoid categorical and often critical judgements aimed at finding defects or imperfections in some provisions.
The method of system analysis is also meaningful for the purposes of the correct approach to the already taken legislative decisions.It is based on considering the specific phenomenon as a system -the organization having 36a definite form where the components function with a shared целью С принятием обновленного законод .ательства о контрактной системе несмотря на , всю его множественность отказом от прежнего , « » двухэтажного законодательства 1 , применение данного метода становится реально возможным.

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(common) purpose.The application of this method becomes practically possible with abandoning the previous "two-storied" legislation 1 and with adoption of the new contract system legislation in spite of all its multiplicity.

Financial and Budget Aspect in the Legal Regulation of the Contract System
The fundamental idea of the new contract legislation is stopping the management of the governmental purchase and shifting to managing the budget expenditures.This explains the necessity to review the budget component in civil law research.The modern achievements of the financial science with regard to the budget needs and spending "common" finances is a necessary starting point for the justified movement of the civil development of the contract relations, because the system of relations associated with satisfying the public needs originates from the financial reality but not from the civil law one. 1The relations concerning direct execution of the government contract were regulated by a separate group of federal laws: Federal Law No. 60-FZ "On Delivery of Goods for Federal State Needs" of December 13, 1994 the purchase legislation did not allow for seeing the accurate and consistent system of the contract provisions.The provisions' collision appeared to be inevitable, and the absence of the unified terminology resulted in confusion.Not to mention the fact that the understanding of the government (municipal) contract in civil legislation and in special acts of public law was different.
The emergence of the civil law forms of regulating the purchase relations originally, and laterthe contract relations, did not cancel the known role of the finance law, which is understandable and explainable -because "it is the financial law that fixes the value results of any relations in terms of money..." [7, p. 39].
The financial component makes up the basement of the special contract system legislation.There is nothing surprising in that, because finance law is directly and closely connected with the public law forms of financial relations.This is the reason for treating the contract system as the financial instrument from the perspective of the finance law science [9; 26].
Actually, all the contract system legislation is influenced by finance law: starting with the exact formalized planning, which depends on the socioeconomic development forecast and the process of the budget preparation, and finishing with monitoring and independent audit.The national contract system functioning today considers the estimation of the planned purchase practicability to be the most important factor.By that, the budget eff iciency and the real anti-corruption effect are obtained, and finally, the economic efficiency of the government sector and the country's competitiveness growth are provided.The principle of the budget funds allocation is revealed in Article 34 of the RF Budget Code and means that "when developing and executing budgets, the participants of the budget process within the limits of the given authority are to proceed from the necessity to reach the set targets using the minimum amount of finance (economizing) and (or) getting the best result using the amount of finance defined by the budget (productivity)".
However, the real meaning of the financial component and its proportion in the contract system provisions should nevertheless have their limits.Financial relations have no prototypes in real economic life, "because such relations do not exist in the nature of human needs" [14].The finance law norms are specially constructed by the state, first in the form of the administrative regulation, and then in the form of the corresponding legal relations.This process should include seeing the further perspective of the contract relations development, fairness, reasonableness, justification of the taken legal decisions compatible with other law A. S. Zarubin 316 purposes of no less importance, such as creating a high-quality contract and post-contract environment when concluding contracts and promoting competition etc.If we evaluate the existing institution of the public customer -the person authorized for taking the purchase decisions, it is possible to see that it is over-formalized.The economic and financial situation involving the cases of over-pricing, secret deals, substitution of the contract subject encourages the legislator to develop legal norms by contradiction -"do not steal".This results in the minimal authority of the public customer, with the consequence of the passive customer's role in the contract process.It can be assumed that businessorientation of the government (municipal) customers is the question of the distant future, which is possible if we judge from the experience of other countries [18; 20; 24; 25].
The insufficiency of the financial legal regulation, which is the problem that the modern legislator is trying to overcome, and the unreasonable legal pressure onto the participants of the contract system are the two different aspects in lawmaking.That is why the legislator, when creating the norms covering the regulation of private actions of subjects having a public status (or elements of such status), should gravitate towards the methods of the private law regulation.Otherwise, the inter-branch connection will only work in one way, limiting itself to a single anticorruption task, to the disadvantage of the private law relations between the customers and suppliers (contractors, executors) and of the competition principles, which are necessary for any national contract system.The essence of the contract system is not in limitations and prohibitions but in the truly contractual property relations of its participants, which start and exist through applying the methods of decentralization first of all.

Contract System -State (Municipal) Contract-Agreement
Originally, the draft law introduced by the Russian Federation Government contained the notion of the contract system as the system of interrelated measures of legal, organizational and economic character aimed at meeting the state and municipal needs via forecasting and planning of the supply, purchasing of goods, works and services, and also monitoring, controlling and auditing these actions (Clause 1 of Part 1 of Article 3) 1 .The final version of this clause contains the definition of the contract system as the community of the participants of the contacts system... and actions performed by them in the sphere of procurement and aimed at meeting the state and municipal needs.
The doctrine disputed this term, having proposed different variants of defining it [15].We are not going to disprove or support the scientific views on this subject for two reasons.
Firstly, they can hardly be identified as productive because they do not have the theoretical potential, which usually encourages scientists to set a new task of research, giving an opportunity to change the original idea of the contract system as the subject of interest.In our opinion, this potential is in the idea that the created contract system is the completely new property relations with the state's participation.These relations have a conceptually different correlation between the budget-economic, social and legal institutions, similar to the market correlation 2 .
Secondly, in our opinion, even the best definition of the contract system is not capable of having a regulatory effect.It is a well-known fact that the most comprehensive definitions in their essence are not appropriate for that.That is why it can be assumed that the number of the contract system definitions will increase with no objective limitation.It may happen that this process will pass through several phases, starting with the discussion about different definitions and finishing with their systematization.The government (municipal) contract is defined by the Contract System Law as the contract concluded on behalf of the Russian Federation, of the Russian Federation constituent entity (government contract), of the municipal entity (municipal contract) by the Governmental or municipal customer for meeting correspondingly the governmental or municipal needs (Clause 8 of Part 1 of Article 3).
The categories of "contract" and "agreement" are the conceptual civil law categories and are included into the group of the juridical facts engendering civil relations.Although their existence is influenced by different multibranch factors, they remain the objects of the civil science.The classifying features of the "contract" notion are formulated by the legislator in two provisions -Article 420 and Article 432 of the Russian Federation Civil Code, which run that the complex of the legally relevant conciliative actions of different persons makes up a contract, in case the agreement has been reached on all the essential terms of the contract.Any additional contract features, including those associated with the public branches of law, should be revealed in the context of this object's purpose in civil law.
The modern well-developed contractual relations sphere has a differentiated character, allowing for distinguishing different types of contract at the level of doctrine: organizational contracts, entrepreneurial contracts, consumer contract and others.According to the general rule, the grouping of contracts into types (kinds) is based on their legislative systematization resting on such more general civil law systems as deals and obligations.The government (municipal) contract for delivering goods and performing works for the governmental needs, for performing research, experimental and technological tasks (within a project) -these are the types of contracts established by the legislation, i.e. the purchase and sale contract (Chapter 30) and the contract for work and labor (Chapter 37).Using these types, the legislator expresses the contractual nature of the cooperation between the public law entities and suppliers (contractors, executors) of the goods (works, services) for the governmental and municipal needs.For this reason, we cannot but agree with the comments that legislatively, the nature of the government contract is not defined [2], and the statement that the civil law norms and its principles are used for regulating these relations is considered to be more appropriate [6].
Meanwhile, the legislator recognizes that the government and the municipality, being the proper-ty owners, differ from other owners: they cannot donate their property, they cannot sale it at a reduced price, they cannot voluntary choose buyers and sellers.These and other limitations result in special legal regulation of the relations with the participation of the state.
The norms concerning the government (municipal) contract are included into the part of the contract system legislation that covers special methods of managing the government (municipal) needs at the phase of organizing the purchase, managing the competition environment and potential effects of the contract execution in relation to the real satisfaction of the customer's needs.The application of the special norms in the process of regulating contractual relations complies with the general contractual law norms in accordance with the rule running that the contract terms are defined at the parties' discretion except in cases when the content of the corresponding term is prescribed by law or other legal acts (Part 4 of Article 421 of the Russian Federation Civil Code).
As L.V. Andreeva notes, the name of the "government contract" best reflects the specific features of the contracts concluded by the Government, emphasizing the state participation in the contractual relations, the special importance of the product supply for the governmental needs; the term "contract" expresses the agreement nature of the relations between the state and the business unit on purchasing goods for the public convenience [1].Let us agree with this and add one more argument.
The special nature of the contract for governmental (municipal) needs is difficult to understand through the simple notion of the "agreement".Indeed, the contract serves only as the act of selfregulation of the relations of the parties that are not familiar with the administrative proceedings prescribed for the contract (its fulfilment on the basis of the corresponding regulations and procedures, administration of the guarantee period, details of the acceptance procedures, evaluation of the efficiency of the government contract management, keeping the contract register, government contracts audit).This is the reason for numerous legislative departures from the special regulation of the contract relations acknowledged and understood by the law enforcement practice.The contractual law principles have exclusions in the practice of the contract conclusion and execution: the prohibition to apply the terms of the contract to the prior relations which have arisen before the conclusion of the contract, ния вопреки допускаемому ч. 2 ст.425 ГК РФ общему правилу запрет на пролонгацию кон ; тракта 1 , , на изменение сроков приемки оплаты товаров работ услуг , ,

Методологические приемы гражданско-правового исследования отношений образующих национальную , контрактную систему
Кратко обозначим основные методологические подходы которые должны использо , ваться при исследовании национальной кон- We should also see the other side: the majority of the contractual law principles remain in effect in respect of contractual relations -the principle of the weaker party protection 4 ; decreasing of the limits provided to the supplier does not result in the right to automatically refuse to pay the difference 5 ; the right of the customer to unilaterally terminate the contract in case of its improper performance 6  and others.

Methodological Techniques of Civil Law Research on the Relations Forming Up
the National Contract System Let us shortly describe the principal methodological approaches which should be used when researching the national contract system for the purpose of its concept development. 1Decision of the Arbitration Court of the Republic of Tatarstan in case No. A65-23381/2014 of August 19, 2016 / The document has not been published.Access from the legal reference system "ConsultantPlus" (accessed 01.01.2017). 2 Letter of the Russian Federation Ministry for Economic Development No. D28i-2323 of August 10, 2015 / The document has not been published.Access from the legal reference system "ConsultantPlus" (accessed 01.01.2017). 3Letter of the Russian Federation Ministry for Economic Development No. D28i-101 of January 22, 2015 / The document has not been published.Access from the legal reference system "ConsultantPlus" (accessed 01.01.2017). 4For example, in relation to the case No. 5467/14, the particular dispute was considered in Regulation of the Russian Federation Supreme Arbitration Court of July 15, 2014, No. 5467/14.With the reference to the mentioned principle, the court found that the customer included into the contract the term that is burdensome for the contractor.Meanwhile, the contractor was not able to influence that as the process of the contract conclusion is strictly regulated by the law.For this reason, the court dismissed the implementation of the illegal contract term. 5Regulation of the Sixth Arbitration Appeal Court of April 23, 2015, in case No. A04-79/2015.The document has not been published.Access from the legal reference system "Consultant-Plus" (accessed 01.01.2017).At the same time, the court pointed out that in accordance with Article 95 of the Contract System Law the customer has the right to change the contract in case the limits are decreased by agreement of the other party.If the customer did not use this opportunity, the terms of the contract were not changed and so the customer is to pay for the works performed, services rendered fully provided for in the contract. 6Decision of the Arbitration Court of the Stavropol Terr itory of September 5, 2014 in case No. A63-6507/2014 / The document has not been published.Access from the legal reference system "ConsultantPlus" (accessed 01.01.2017).
1.In the conditions of the contract legislation complexity, the multibranch approach gains a special meaning.This results in additional difficulties in the scientific cognition of the topic, however one has to admit that research into the civil law aspects of the contract system should not be limited to formal logical analysis of the legislative and sub-legislative norms currently in force or to simple interpreting of the economic terms and procedural rules.
Such an analysis is necessary for the civil science itself, which needs to reflect the civil legal reality, being a part of contractual relations.The effect of such an analysis will add to the optimization of law-making and removal of the collisions in regulating the complex relations forming the contract system.
2. Civil law is determined by the economy.It is difficult to understand civil law with no understanding of this phenomenon, determining civil science.For this reason, the study of the contract system should rest on the economic realities, because the modern legal regulation of the contract system included into the Contract System Law is based on the economic aspects.As is noted in Russian research works on the economic analysis of law, "when we speak about regulating the economic activity, it is very difficult to develop adequate descriptions of the real or anticipated influence of the legal norms without the use of the economic science data [8]".
3. Contract System Law is the framework setting the limits for the state when satisfying its needs for goods, works and services.However, the participation of the government (municipal) customers in contract relations is also a part of the more general and always topical question concerning the state participation in the property relations being regulated by civil law.In the legal meaning, the basic norm of such participation is Chapter 5 of the Russian Federation Civil Code.As Clause 2 of Article 124 of the Russian Federation Civil Code runs, these subjects participate in the civil circulation according to the general rules of civil legislation "unless otherwise following from the law or from the specific features of the given subjects".
4. The legislator considers the developed national contract system as a component of the market economy.This is not only the way to satisfy the state needs at the expense of the budgetary funds, Techniques and Methods of Civil Law Research on the Contract System Legisl ation 319 but also the institution of the economic cooperation between the government and business.Legitimate business based on contracts is now becoming the basis of stability and often of economic success.As G. F. Shershenetich noted, "the treasury is a too reliable contractor" [16, p. 176], suppliers (contractors, executors) concluding a government (municipal) contract are sure in the paying capacity of their partners, and so they can plan their further entrepreneurial activities.
Taking into account the fact that the historical legal experience of the contractual equality in the relations of the public entities and ordinary participants of civil circulation is yet not evident, the analysis of the achieved equality of the participants as part of the contract legislation is required.We do not mean the equality which is actually established by the Contract System Law for the participants focusing on the international legal documents 1 , which is done by means of provisions that defined the economic criteria of admission to tenders (instead of the previous procedures of administrative prequalification), such as: access to information, open tender as the principal method of purchasing, participants anonymity preventing from pressure or secret deals, the short term of administrative procedures.One should proceed from the fact that the formal logical content of the equality principle in civil law is that actually unequal but independent participants of public relations exchanging material goods on the basis of their equivalence are forced to consider each other equal.That is why the equality principle in contractual relations should be, first of all, discussed in relation to the correlation between the rights and obligations of the real or potential parties to the contract.There are research works performed on some of the aspects of this problem [5; 21; 28; 29; 30; 31]. 1 UNCITRAL Model Law On Procurement of Goods, Construction and Services was adopted in New York on May 31, 1994-June 17, 1994, on the 27 th session of the UNISITRAL.The law was developed by the UN as the fundamental law for building the modern effective market model of placing the government order and was meant for the Western European countries with the transition economy, and for the developing states.The main purposes of the UNICITRAL law are the maximum development of the competition, providing fair treatment of the suppliersincreasing the level of openness and objectivity when making the government procurement.The UNICITRAL law is recommended for implementation in all the cases of government procurement except for the procurement dealing with the national defense and security.

Conclusion
There is every reason to claim that the federal contract system in Russia has already been developed.It is gaining quality and momentum, passing through the necessary correction of the legal norms2 , and is becoming a part of the whole system of the socio-economic legislation 3 .However, as it was noted at the All-Russia Forum of Customers and Suppliers, where the strategy of the contract system development was discussed, the contract system today is setting up its configuration [4].The absence of the unified concept of legislative regulation, which would rest not only upon the positions of the supervisory power bodies but also upon the fundamental theoretical thought, is standing in the way of this configuration setting and does not allow one to see the perspectives of the contract system development, to foresee the flexible mechanisms of reacting to the changes in the socio-economic conditions, to adopt the rules which regulate meeting the government needs at the expense of both purchasing goods and administrating them.
One more important step should be taken, which is changing of the attitude of researchers and experts to the existing legislation as to the legislation based on the supposition about its imperfections and defectiveness.
The tendency to accede to the Agreement on Government Procurement of the World Trade O rganization (GPA, Agreement on Government Pr ocurement) obliges to legally regulate this sphere in a definite way, with this regulation being justified in the Concept of the National Contract System Development.In case the concept is missing, the further law-making activities aimed at changing and amending both the Contract System Law4 itself and the codified rules of the Russian Federation Civil Code seem to be ineffective.
Разработка такой концепции должна стать итогом усилий представителей юридических, экономических наук и реальных участников контрактной системы с пониманием того что , , критерием эффективности закона кроме мониторинга и ауди та является еще и правоприменительная практика.The development of such a concept should become the result of the efforts by the representatives of juridical and economic sciences and the real participants of the contract system.It should be understood that the criterion of the law efficiency is the law enforcement practice, alongside with monitoring and audit.

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Collection of Laws of the Russian Federation.1997.No. 34.Art.3540; Federal Law No. 53-FZ "On Procurement and Delivery of Agricultural Products, Primary Products and Provisions for State Needs" of December 2, 1994.Collection of Laws of the Russian Federation.1994.No. 32.Art.3303; Federal Law No. 79-FZ "On State Material Reserve" of December 29, 1994.Collection of Laws of the Russian Federation.1995.No. 1. Art. 3; Federal Law No. 213-FZ "On the State Defence Order" of December 27, 1995.Collection of Laws of the Russian Federation.1995.No. 1. Art. 3; Chapter "Supply for State Needs" and Chapter 37 "Contract Works for State Needs" of the Civil Code of the Russian Federation.This group of provisions was dominated by the provisions of another group: Federal Law No. 94-FZ "On Placing Orders for Goods, Works, and Services for State and Municipal Needs" of June 21, 2005.Collection of Laws of the Russian Federation.2005.No. 30.Part 1. Art. 3105; Decree of the President of the RF of April 8, 1997, No. 305 "On Immediate Measures to Prevent Corruption and Reduce Public Spending with Regard to the Purchase of Products for the State Needs".Collection of Laws of the Russian Federation.1997.No. 15.Art.; Articles 71 -73 of the Budget Code of the Russian Federation; the RF Government Regulation No. 1222 "On Products Purchased for the State Needs with no Auction (Te nder)"of September 26, 1997.Collection of Laws of the Russian Federation.1997.No. 40.Art.4591.Such a pattern of Techniques and Methods of Civil Law Research on the Contract System Legisl ation Ang G., Groosman M., Scholten N. Dutch performance-based approach to building regulations and public procurement // Building Research and