Features, Problems and Ways to Solve Them During Construction under a State Order and a State Defense Order

The paper is devoted to the current subject of construction within the framework of the state order and the state defense order. This fact is clearly visible against the background of a stable growth in the number of government orders in this area. The paper deals with the topic of construction using budgetary funds, as well as the construction of special-purpose facilities. Studying this issue, the authors concluded that the current regulatory framework is imperfect and does not allow engaging in contract activities with the maximum possible efficiency. The existing problems are highlighted by the fact of a large number of amendments to Federal Law No. 44-FZ «On the contract system in the field of procurement of goods, works, services for state and municipal needs» that entered into force at the beginning of 2021. However, despite the impressive list of innovations, the current legislation leaves a number of issues that require further investigation and finding ways to solve them. The authors analyze the issue of who can act as a customer under the state defense order. Taking into account the specifics of the industry, the authors identify and examine the features encountered by construction participants in the framework of the state defense order. Separately, the issue of the need for the order performers to open a special account under such contracts is raised, and a number of exceptions are also indicated when a special account is not opened. The paper also describes the mechanism of treasury support, the process of its work and lists the types of contracts that are subject to mandatory support by this method. When writing the paper, the authors identified the problems that arise at various stages of construction activity and proposed the most effective ways of solving them.

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