On the Problems and Significance of Legal Determination of Tender Characteristics and Classification

Abstract

At the present stage, it is difficult to overestimate the importance of tenders for the system of economic relations. The tender forms the most effective form of economic activity for the participation of public entities in economical relations by means of ensuring equal access for all participants to the objects of public property and public finance. At the same time, in order to ensure the proper degree of certainty and stability of relations where the tender is used, fundamental issues need to be resolved, namely: the concept "tender" needs to be defined; its main characteristics should be determined; approaches to its classification should be unified. On the basis of the study carried out by the author, it is concluded that the proper degree of certainty in the enforcement of the provisions of the Russian tender laws can be achieved by providing a legal definition of the tender as a sum of elements that should include an adversarial nature of tender participants intending to make a contract (acquisition of civil rights, the right to carry out activities in a particular field) and an obligation to make a contract with the tender winner (granting of civil rights, granting the right to carry out activities in a certain sphere to the tender winner).