Features of compensation for losses in case of unilateral refusal to sign a public contract
EDN: GWJJZB
Abstract
Introduction. With the development of the contract system in public and municipal procurement, the issue of civil liability of contracting parties and mechanisms for compensating for property losses has become particularly important. The growing role of public interests and the simultaneous need to ensure fair protection of the rights of procurement participants have generated persistent academic and practical interest in the issue of compensation for damages, particularly lost profits due to unilateral contract termination. This issue is particularly relevant in light of the ambiguity of law enforcement practices and existing legislative restrictions.
The purpose of this study is to comprehensively analyze the legal nature and features of compensation for damages in the system of state and municipal procurement, as well as to identify conflicts between the general norms of civil legislation and special regulation of the contract system.
Methods. The study utilized general scientific and legal research methods: formal legal analysis of regulatory legal acts, comparative legal methods, a systems analysis of the judicial practice of arbitration courts, the Supreme Court of the Russian Federation, and the Constitutional Court of the Russian Federation, as well as elements of doctrinal analysis of scholarly sources.
Results. It was established that current legislation creates a model of limited liability in the event of unilateral contract termination, excluding the possibility of recovering lost profits and thereby deviating from the principle of full compensation for damages enshrined in civil law. Key enforcement issues related to proving actual damages, qualifying the customer's unlawful unilateral termination, and the risks of abuse of rights were identified.
Conclusions. The need to clarify the scope of application of the special limitation of liability and develop uniform guidelines for judicial assessment of the parties' conduct is substantiated. A conclusion is reached on the advisability of statutory differentiation between the consequences of lawful and unlawful unilateral refusal to perform a contract, which will ensure a balance between public and private interests and improve the predictability of law enforcement practice.
About the Author
V. V. TarasovRussian Federation
Viktor V. Tarasov – Postgraduate Student
Saratov
References
1. Bogdanov D.E. The Evolution of Civil Liability from the Perspective of Justice: A Comparative Legal Aspect (Monograph). Moscow: Prospekt, 2015. 304 p. (In Russ.). ISBN: 978-5-392-18084-4. EDN: UZSGVJ
2. Shevchenko L.I. Regulation of supply relations: theory and practice. Saint Petersburg: Yuridichesky Tsentr Press; 2002. 286 p. (In Russ.). EDN: QCSJCR
3. Tordiya I.V. Indemnity as a method of protection remedy. Tyumen State University Herald. Social, Economic and Law Research. 2012;(3):116–121. (In Russ.). EDN: OYKSET
4. Ioffe O.S. Selected Works: In 4 Volumes. Vol. III: Law of Obligations. St. Petersburg: Yuridicheskiy tsentr Press; 2004. 837 p. (In Russ.)
5. Khabenkova V.A. Inclusion in the register of unscrupulous suppliers: who will reimburse the losses? Modern Science. 2017;8(1–3):39–42. (In Russ.). https://doi.org/10.24411/2079-4401-2017-10007. EDN: XPPNFB
6. Sukhobok T.V. Problems of damages recovery in civil law: theory and practice. In: Modern jurisprudence: current issues, achievements and innovations: Collection of articles of the II International Scientific and Practical Conference. Penza, 25/10/2017. Penza: "Nauka i Prosveshcheniye" (IP Gulyayev G.YU.); 2017:57–61. (In Russ.). EDN: ZOTDTT
7. Sergeev A.P. Civil Law. 6th ed. A.P. Sergeev, Yu.K. Tolstoy (eds). Moscow: Velbi; 2002. 784 p. (In Russ.)
8. Braginskiy M.I., Vitryanskiy V.V. Contract Law. Book 1: General Provisions. Moscow; 2020. 847 p. (In Russ.)
9. Guruleva E.A., Ivanova N.A. Individual problems of damages recovery and collection of penalties as a measure of civil liability for breach of obligations. Humanities, Social-Economic and Social Sciences. 2019;(10): 145–147. (In Russ.). https://doi.org/10.23672/SAE.2019.10.39052. EDN: QPZUFM
10. Kovyazina N.M. Damages as the most common measure of civil liability. Jurist. 2021;(3):57–63. (In Russ.). https://doi.org/10.18572/1812-3929-2021-3-57-63. EDN: KVPGGV
11. Makovskiy A.L. On the codification of civil law (1922-2006). Moscow: Statut; 2010. (In Russ.). ISBN: 978-5-8354-0636-4. EDN: QRMNLF
12. Degtyarev S.L., Andreyev A.V. New issues of proving damages in the context of digitalization. Arbitrazh and Civil Procedure. 2021;(9):33–38. (In Russ.). https://doi.org/10.18572/1812-383X-2021-9-33-38. EDN: KEZZAH
13. Shmeleva M.V. Civil law regulation of contractual relations in state and municipal procurement in the Russian Federation: Abstract. Dis. Cand. Sci. (Law). Saratov; 2013. 26 p. (In Russ.). EDN: SVEPMJ
14. Kirpichev A.E. Procurement for public sector needs and the system of obligations law: terminology and choice of applicable norms. Zakon. 2021;(8):52–66. (In Russ.). https://doi.org/10.37239/0869-4400-2021-16-8-52-66. EDN: YDBJKY
15. Kamaliyeva G. A., Galiyeva V. D. Peculiarities of resolving disputes arising from contractual legal relations regulated by competitive procedures. Ekonomicheskoe pravosudie na Dal'nem Vostoke Rossii. 2022; 1(24):69-83. (In Russ.). EDN: ITZLEZ
16. Shustova Yu.V., Ostash A.V. Inadmissibility of unilateral unmotivated refusal of the customer from the execution of a state contract. In: Proceedings of the International Scientific and Practical conference, Yekaterin-burg, October 29, 2021. Yekaterinburg: Ural State Law University; 2021. P. 168–173. (In Russ.). EDN: OUKOHN
Review
For citations:
Tarasov V.V. Features of compensation for losses in case of unilateral refusal to sign a public contract. North Caucasus Legal Vestnik. 2026;(2):136-145. (In Russ.) EDN: GWJJZB
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