ПРОЦЕДУРА УКЛАДЕННЯ АДМІНІСТРАТИВНИХ ДОГОВОРІВ

Abstract

The article analyzes the procedure of concluding administrative agreements, describes the general procedure for concluding contracts. The special procedure for preparation and conclusion of the contract is specified, which is stipulated by the public-legal entity, purpose, tasks, their place in the system of legal means of administrative activity.
Various approaches to the classification of stages of the contractual process are considered and the process of concluding administrative contracts is generalized, namely, the procedure of concluding administrative contracts should consist of the following stages: ; making a decision regarding the conclusion of the contract; proper conclusion of the contract; fulfillment of the accepted obligations, implementation of the powers conferred under the contract, control; settlement of contractual disputes; analysis and generalization of contractual practice.
It is pointed out the absence in the administrative legislation in force of the general rules that would determine the procedure for the conclusion of administrative contracts, and the conditions under which the administrative contract will be considered to have legal force, namely: the written form of the contract; the content of the administrative contract must comply with the legislative acts; the contract is concluded by the authorized persons (bodies); the purpose of the contract must be in accordance with the law; the possibility of conclusion must be provided for by law.
It is pointed out the use of the general requirements of contract law established by civil law for the conclusion and execution of administrative contracts, among which are: the form of the contract, the consequences of non-compliance with the established form, the performance of the contract; ensuring fulfillment of obligations specified in the contract, responsibility for breach of contract; its change and termination.