Open AccessLegal Regulation of Government Supplies in the Russian Empire of the 19th – Early 20th Century
Author(s) -
Ю. Б. Данилов,
Ю. Б. Данилов
Publication year - 2019
Publication title -
ûridičeskaâ nauka i praktika
Language(s) - English
Resource type - Journals
ISSN - 2542-0410
DOI - 10.25205/2542-0410-2019-15-3-5-13
Subject(s) - legislation , enforcement , discretion , empire , state (computer science) , government (linguistics) , law , business , political science , law and economics , economics , linguistics , philosophy , algorithm , computer science
In the framework of the historical and legal research, the author analyzed the legislation of the Russian Empire of the XIX – early XX century on state supplies and its comparison with current legislation on supplies for state or municipal needs. Revealed similarities and differences, established their nature and legal nature. The conclusion is formulated that the evolution of the legislation on supplies for state needs has taken the path of liberalizing the legal status of the supplier, as well as the requirements for it. This concerns, first of all, the participation of the supplier in agreeing the terms of the supply contract to be concluded, as well as the possibility of concluding it without applying enforcement measures. It has been suggested that this pattern may be a consequence of the general strengthening of the lack of discretion of civil law, however, the question of the validity of such transformations, taking into account the specifics of supply relations for state and municipal needs, is questionable. It was concluded that the borrowing of the provisions on the mandatory provision of such agreements may positively affect the stability of the emerging legal relations.