English

Vol. 7 4, 2017 p 106-114

Pages

Article name, authors, abstract and keyword

106-114

Uncertainty of procurement legislation in pipeline transport industry

Denis A. Presnyakov a, Nikolay A. Babenko a, Alfred G. Mubarakshin b

a Transneft, 57, Bolshaya Polyanka Str., Moscow, 119180, Russian Federation

b Executive and administrative staff of Transneft Kama Region, JSC (EAS), 20/1 P. Lumumby St., Kazan, 420081, Republic of Tatarstan, Russian Federation

https://doi.org/10.28999/2541-9595-2017-7-4-106-114

Abstract: The paper reviews general issues of legislation uncertainty, in particular, the legislation on procurement, which at present is at the stage of formation and development. The amendments are introduced into legislative acts, the quantity of subordinate acts grows, but the level of clearness of legal norms on procurement is still insignificant. In this regard the problems arise for legal norms application in the procurement process. These problems are in the full degree relevant in the sphere of oil and oil products pipeline transport.
This research establishes the reasons for the use of principles of procurement legislation by judicial and competition authorities that demonstrate the greatest level of uncertainty. With procurement in the sphere of oil and oil products pipeline transport taken for example, it is investigated how the estimation of eligibility (illegality) of customers activities is done considering these principles.
In the paper the reasons are analyzed for enhancement of procurement legislation clarity. It was noted that the legislative body establishes only the key moments of legislation management, leaving to the customer the possibility to regulate the necessary conditions and requirements in relevant provisions on procurement. The conclusion is grounded why at present only the competition authority and the court can formulate the definite scope and content of power of participants of legal relations (procurement). The reasons are indicated why the legislators at present do not specify many norms of 223-Federal Law.

Keywords: legislation uncertainty, overcoming of uncertainty, legislation on procurement, procurement by specific types of legal persons, principles of legislation

Reference for citing:
Presnyakov D. A., Babenko N. A., Mubarakshin A. G. Uncertainty of procurement legislation in pipeline transport industry. Naukatekhnol. truboprov. transp. neftiinefteprod. = Science & Technologies: Oil and Oil Products Pipeline Transportation. 2017;7(4):106114.

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