When Well-Intentioned Legal Reform Goes Awry : A Case Study of Legal Loopholes and Challenges to Anti-Corruption Reform of Russia ’ s Complex Procurement System
Also , customers often violate the procedure of accepting work , goods , services under a contract , evading acceptance and signing the documents , carrying out this procedure not within the deadlines specified in the contract , or refusing to sign documents for formal reasons for their allegedly incorrect design . Often , customers require contractors to schedule the execution of the contract , even in cases where it is not provided for in paragraph 12 of Art . 34 . In this regard , we propose to add to the law clear rules for accepting goods , works , and services under a contract , the terms of this procedure , and also to establish the responsibility of customers for violation of this procedure .
On the other hand , in practice , the right of the procurement participants to reduce the penalty for the delay in the execution of individual stages of contract execution in proportion to the volume of obligations fulfilled is practically not implemented . In clause 6 of the Rules established by the Government Decree of November 25 , 2013 No . 1063 , it is stated that such obligations may be confirmed by documents on the acceptance of goods , the results of works and the provision of services . In fact , in practice , when performing contract work , only acts of work performed are used as such documents . At the same time , their signing is impossible outside the contract execution stages . However , the absence of such documents does not mean that part of the work was not completed by the contractor . In our opinion , such supporting documents can also be acts of inspection , acts of hidden works and other documents and evidence .
As you can see , although violations at the contractual and post-contractual stage are somewhat less common than at the pre-contractual stage , they are very diverse and least regulated by current law . Moreover , it is precisely the difficulties of contract execution , often created by customers , that lead to a decrease in the authority of the public procurement system in the country and the fear of many bona fide organizations to take part in this process . Only the provision of adequate measures to protect the interests of the procurement participants can make this market truly transparent , interesting for the participants , and therefore competitive and economical .
Russian Procurement System as a Complex Social System
Russian law in general is distinguished by a very high formalization and overregulation . It seems from the outside that this creates significant barriers to corruption and any other violations . Never will an official in Russia will deviate one step from what is written on paper , also he will never do even one extra action not written down in documents — even if common sense requires it . This is the reason why in Russia a person who does not have an insurance policy with him can be thrown outside the hospital walls , simply because he or she is not supposed to be accepted without documents . For this reason , officials in
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