Legal Specifics of Including Information in the Bad-Faith Suppliers Register in the Course of Corporate Procurements in the Sanction Reality Conditions

The author of the article analyzes the legal aspects of including information in the register of unscrupulous suppliers, especially as a result of the unilateral refusal of a corporate customer under the influence of foreign sanctions to fulfill the contract. Based on the analysis of the regulatory framework, law enforcement practice, doctrinal positions, as well as statistical data, the article attempts to analyze the mechanism of implementation of the introduced regulatory measures to protect the interests of customers under sanctions pressure. It is suggested that these mechanisms will be aimed at deterring and minimizing the negative effect of sanctions on corporate customers. At the same time, the author points out the shortcomings of the amendments made to the Procurement Law, including those expressed in the lack of awareness of the procurement participant about the existence of sanctions restrictions on the customer, as well as the lack of proportionality of the measure of responsibility applied to the supplier to the extent of harm caused to the customer.

Authors

Publication Details

Journal
Konkurentnoe pravo.
Published
2024-09-19
DOI
https://doi.org/10.18572/2225-8302-2024-4-15-18
Primary Topic
Legal Studies and Reforms
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Specifics of Including Information in the Bad-Faith Suppliers Register in the Course of Corporate Procurements in the Sanction Reality Conditions

Yulia N. Belova
Konkurentnoe pravo.
Legal Studies and Reforms
article

Legal Specifics of Including Information in the Bad-Faith Suppliers Register in the Course of Corporate Procurements in the Sanction Reality Conditions

Yulia N. Belova
article en

Abstract

The author of the article analyzes the legal aspects of including information in the register of unscrupulous suppliers, especially as a result of the unilateral refusal of a corporate customer under the influence of foreign sanctions to fulfill the contract. Based on the analysis of the regulatory framework, law enforcement practice, doctrinal positions, as well as statistical data, the article attempts to analyze the mechanism of implementation of the introduced regulatory measures to protect the interests of customers under sanctions pressure. It is suggested that these mechanisms will be aimed at deterring and minimizing the negative effect of sanctions on corporate customers. At the same time, the author points out the shortcomings of the amendments made to the Procurement Law, including those expressed in the lack of awareness of the procurement participant about the existence of sanctions restrictions on the customer, as well as the lack of proportionality of the measure of responsibility applied to the supplier to the extent of harm caused to the customer.

Konkurentnoe pravo.
Peace, Justice and strong institutions
Openalex Percentile: Top 70%
Legal Studies and Reforms
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