TRENDS OF THE JOINT AND CENTRALIZED PROCUREMENT BY MUNICIPAL CUSTOMERS: ANALYSIS OF APPLICABLE LAW AND PROSPECTS

Abstract

Purpose. Study of the current issues of the implementation by local government joint and centralized procurement of goods, works and services for municipal needs in the framework of their powers on №44-FZ of 05.04.2013 « On the contract system in the procurement of goods, works and services for state and municipal needs». Methods. Analyzed the dynamics of the application joint and centralized procurement by municipal customers and local authorities during the period of the Federal Law of July 21, 2005 № 94-FZ and for expired period of the federal law on April 5, 2013 № 44-FZ. Comparative analysis was conducted based on the study of public information on procurement’s official website www.zakupki.gov.ru and judicial practice of arbitration courts of the Russian Federation. Results. Based on the experience of using joint and centralized procurement by the municipal customers and authorized bodies, based on evidence-based approaches and objective assessments of court practice, as well as baised on the own conclusions, investigated the reasons for the rare use of these methods of procurement. Comparing the norms of the Federal Law of July 21, 2005 № 94-FZ and the Federal Law of April 5, 2013 № 44-FZ on the joint and centralized procurement, the concept of homogeneity and identity of goods, works and services the authors are making concludions about elimination of contradictions in the legislation and the positive prospects for the development of centralized procurement. Scientific novelty. Identified legal reasons for committing common mistakes by municipal customers in joint procurement. Substantiates the necessity of careful study of certain provisions of the local self-government’s acts and administrative regulations, defining the grounds and procedure of centralized and joint procurement for municipal needs.