Civil Code and Stability: in Search of Optimal Legal Framework in Public Procurement Field

Abstract

   The author focuses on current but basic issues in obligation law with an emphasis on supply, construction and service contracts. The paper examines temporal changes in the provisions of the Civil Code of the Russian Federation on certain types of contractual obligations and provisions of public procurement legislation. The article analyses questions related to public-contract conclusion and modifi cation framework, using civil law as a reference point. This chapter argues that there is temporal collision between Civil Code and current procurement legal framework. The concept of Civil Code is regulation of contract law based on its subject. It was relevant to civil law regulation in the 1990s. Actually, in fact, public procurement legislation takes fi rst place, because of complex regulation of various contractual obligations within the framework of one federal law. Over the past 20 years, public procurement legislation has developed in a direction diametrically opposed to the Civil Code of the Russian Federation, the essence of which is the unification of individual obligations under the concept of a contract-transaction at the level of a single special federal law. Paper takes up measures to ensure the current issues.