Legal Regulation of Determining and Justifying the Initial (Maximum) Contract Price by Market Analysis

Abstract

The article presents a comprehensive study of current problems of legal regulation of initial (maximum) contract price-determining. The author substantiates the idea that there is legal uncertainty regarding the need for mandatory application by state and municipal customers of the Order of the Ministry of economic development of Russia dated 02.10.2013 №. 567 «On approval of the Methodological recommendations on the application of methods for determining the initial (maximum) price of a contract, the price of a contract concluded with a single supplier (contractor, executor) ». Particular attention is paid to the analysis of judicial practice in cases related to the resolution of disputes on the application of article 22 of the Federal law of 05.04.2013 N 44-FZ «On the contract system in the field of procurement of goods, works, services for state and municipal needs». Based on the study of law enforcement practice, the author makes proposals for improving legislation in the field of regulating the procedure for purchasing goods, works, and services for state and municipal needs. In particular, it is proposed to create a new way for state and municipal customers to obtain price information necessary for applying the method of comparable market prices (market analysis) based on the catalog of goods, works, and services.