The combination of the mandatory and dispositive principles in the legal regulation of contractual relations using the example of a contract for the supply of goods for state and municipal needs

The paper considers theoretical and practical aspects of legal regulation of the contract of supply for state and municipal needs by studying the interaction of dispositive and mandatory rules governing social relations formalized within the contract of this type. The authors analyzed the legal nature and features of regulation of the contract of supply for state and municipal needs and the issues of its conclusion, execution and amendment. The study is caused by the lack of a unified approach in science to determining the legal nature of such a contract and the need to resolve contradictions between the mandatory norms of the Law on the Contract System and the principle of freedom of contract enshrined in the Civil Code of the Russian Federation. It is shown that the contract of supply for state and municipal needs is a complex legal institution combining public and private law elements and is regulated by rules of various industry affiliations. The analysis of regulatory legal acts and judicial practice identified the main problems: restriction of freedom of contract, terminological inconsistencies between essential and mandatory terms, difficulties with changing the terms of the contract, disproportionate liability measures, as well as unjustified refusals of customers to accept the goods. It is proposed to use the mechanism of a substitute judicial act to resolve disputes on the acceptance of goods, and to distinguish between essential and compulsory terms of a contract at the legislative level. It is concluded that the restriction of freedom of contract in the sphere of state and municipal procurement is caused by the priority of protecting public interests; however, a balance is required between mandatory norms and flexibility of legal regulation to improve the efficiency of the contract system.