IMPROVING PUBLIC PROCUREMENT MANAGEMENT BY CLARIFYING THE THEORETICAL FOUNDATIONS

As a result of active development and, consequently, dynamic changes in the institutional framework for meeting state and municipal needs in the Russian Federation, the basis for regulating which is currently the Federal Law of 05.04.2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services for State and Municipal needs” (Law on Contract System). There is a tendency for existing rules to fail to keep pace with the rapidly changing environment in which the system operates, resulting in a lack of unambiguous legal and economic assessment of some of the key concepts in the procurement regulation system. The paper analyzes the approaches of domestic authors to understanding the essence of the term “contract system in the field of procurement”, reveals the essence of the definition of purchase of goods, work, and services as a component of the process of ensuring state and municipal needs. For the first time, a detailed analysis of the content of the concept of the total annual volume of purchases is given, as well as methodological problems of the concept of the total annual volume of such purchases are determined, the positions of courts, regulatory bodies, and the expert community on this issue are compared, the structure of types of production activities and indicators for the calculation of which the value of the annual volume of purchases is used is given. The article demonstrates the substantial variability in the etymology of the definition of total annual volume of purchases, which is used within the framework of the current legislation on the contract system. Due to the lack of an unambiguous legal and economic assessment of this category, special attention is paid to determining the risks of violation of legislation by participants in the process of providing state and municipal needs, as well as forecasting possible failures in the process of providing state structures with necessary goods, works, and services. Based on the results obtained, a new content part of the term “total annual volume of purchases” is formulated, which excludes the risk of incorrect interpretation and, as a result, the assumption of failures in the process of ensuring state and municipal needs. Recommendations on amendments to the current legislation of the Russian Federation on state and municipal procurement are given.

contract system in the field of procurement, public procurement, municipal procurement, total annual volume of purchases, provision of state needs, participants in the contract system, the mechanism of public procurement management, state needs, municipal needs, the mechanism of state regulation.

Popov I. A. Improving public procurement management by clarifying the theoretical foundations. Business. Education. Law, 2021, no. 3, pp. 185—192. DOI: 10.25683/VOLBI.2021.56.351.