Academic appendix

Generally auctions are considered to be one of the most fair ways of placing the state procurement, mostly because they rule out the possibility for the customer to chose the executor using his own discretion. In this case the state procurement can be won by an executor who has no necessary experience and understanding of the real cost of the work’s execution while the company that can fulfill it with proper quality loses the project. Can this contradiction be solved within the bounds of the 94-FL law providing equal chances of winning to all the potential executors? The author of the article proves that this is possible.

The following article is focused on a method of reducing the high risks of business activities. The insurance is regarded here in details as a method of risks transfer. It is obvious that the customer (the authorized body) often faces the risk of being left both without the support of the application for running a competition or an auction and without the support of the state or municipal contract itself. Provided by the 94-FL law possibility of supporting the application for a competition or an auction and supporting the state or municipal contract by means of a monetary funds pledge is not supported by civil legislation and even contradicts to it. The author states that today the suitability for the state customers to use the
application support during the bidding can often cause serious doubts.

The suggested article is devoted to the assessment of the evolution of the EU legislation in the sphere of the public procurement of services. Basing on the complex analysis of the practice of the Court of Justice the author reveals some character features of a service according to the Treaty establishing the European Community and gives definitions to such notions as services of general interest and services of general economic interest. There also has been given a general characteristic of the basic active legal acts of the EU: the author reveals the contents of such notions as public contract, including public service contract, and contracting authorities; examines the procedures for the award of public service contracts and reveals peculiarities of the award of public contracts for the provision of social services of general interest.