Limiting the number of participants in electronic trading procedures as a fundamental violation of the contract system legislation

Abstract

Purpose: this article describes exactly how budgetary institutions acting as state and municipal customers limit the number of bidders when conducting electronic trading procedures when purchasing goods, works, services to meet state and municipal needs. Discussion: in addition, the article assesses the main violation in this area, namely: "sharpening" the purchased goods for a single manufacturer and, as a consequence, the only supplier capable of supplying such a product. In addition to defining such a term as "Sharpening", the article describes the practice of detecting this violation in the actions of the state customer by the Office of the Federal Antimonopoly Service in the Voronezh Region when considering complaints from bidders who, in their opinion, face violation of their rights and legitimate interests. Results: in addition to the practice of the OFAS in the Voronezh region, the article also provides judicial practice. The article also analyzes the negative consequences of deliberately limiting the number of bidders for the economic activity of budgetary institutions.