The Impact of Evasion of Contract Signing on the Business Activities of the Customer and the Participant in Public Procurement

The purpose of the research. The article considers the issue of recognizing the participant who submitted the only application for participation in the procurement as a result of competitive methods of determining a supplier (contractor, executor) as an evader of contract conclusion. Proposals are made to improve the legislation on the contractual system in the sphere of procurement in terms of fixing the possibility of concluding a contract between the customer and the participant who evaded the conclusion of the contract in the absence of intent due to the occurrence of objective reasons. To achieve this goal, the authors analyze the practice of the Federal Antimonopoly Service of Russia and its territorial bodies concerning the issue of the absence of intent of the participant from evading the conclusion of the contract. The scientific innovation of the work consists in the authors' attempt to comprehensively consider the legal regulation and law enforcement practice in the case of evasion of the sole participant of the procurement from the conclusion of the contract and the impact of this fact on the customer's ability to maximize the use of available resources allocated for the relevant financial year to meet the need for the acquisition of goods, works, services in a timely manner. Results. At present, there are numerous cases of failure of a procurement participant to sign a contract in a timely manner due to an unforeseen situation in the absence of a real intent to evade the conclusion of the contract. As a result of consideration of the case, the control body does not include such a participant in the register of unfair suppliers (contractors, executors), but also the possibility for the customer to conclude a contract with such a participant at the legislative level is not provided. In order to eliminate this gap, the authors propose to grant the relevant right to the customer to conclude a contract, fixing it at the legislative level.