Civil law of Russia. Public competition: what is it and why are we talking about it? A public competition involves

The word "competition" means competitiveness, competition, competition. This category is used in law when it is necessary to obtain the optimal (best) result from among possible ones, based on the legal model of competition, and has both an inter-industry and intra-industry character.

Outside the civil law regulation of competitions are relations that are built on an industry principle. These are, in particular, the relations regarding competitive personnel selection.

The competitions are divided into bidding competitions and public competitions.

Chapter is devoted to public competitions. 57 Civil Code of the Russian Federation. In the Civil Code of the RSFSR of 1964, this institute was regulated by the norms of Chapter. 39 "Competition". Of course, the design of a public competition has undergone significant changes, so its subject can be not only the best performance of work (as provided for by previous legislation), but also the achievement of other results (for example, a competition for pianists or dancers).

Public competition as a civil law institution, it covers relations related to the formulation of a problem, which is resolved on the basis of a competition between an indefinite number of persons with the payment of a special reward to the winner. There are a number of features that characterize a public competition, which in essence bring this model closer to a public promise of a reward.

First, the promise of reward for better performance of a particular job or achievement of other results must be public, t.s. addressed to more than one person. Competitions can be open or closed depending on to whom the offer to participate in the competition is addressed.

At open In the competition, the invitation to take part in it is addressed to everyone, and everyone who responds to it can become a participant in the competition. In this case, the circle of participants in the competition may be wider (all those who wish to take part in it) or narrower (competition among persons of a certain profession), but it is always characterized by quantitative uncertainty and unknown to the organizer of the competition of the specific composition of its participants.

Closed a competition, on the contrary, is characterized by the fact that an offer to participate in it is sent to a certain circle of people chosen by the competition organizer. In this case, the circle of participants in the competition is always limited and known to its organizer.

Secondly, the public competition must be aimed at achieving some socially useful purposes. Otherwise, the public competition is declared invalid with the consequences provided for in paragraph 2 of Art. 167 Civil Code of the Russian Federation.

Thirdly, the promised remuneration should not be the usual payment provided for by current legislation (labor, copyright) for performing a particular work, but a specially established bonus, which is paid to the winner of the competition for the result achieved, regardless of his right to receive other types of remuneration for his work. In this case, the bonus must be in cash or in kind (for example, a voucher, a car). Any other incentive for the winner of a competition (for example, the issuance of cups, certificates, diplomas, medals or other distinctive signs), if it is not combined with the payment of a bonus, is not recognized as a competitive reward.

Fourthly, a reward must be promised for best execution certain work or achieving other results, which implies the possibility of comparing and choosing one of many results comparable in their qualitative characteristics, also achieved by different persons. Consequently, the work must meet the conditions of the competition, and its nature must be such that its result when performed by different persons can be comparable.

Therefore, the competition must be declared invalid if only one work (one result) or, although several, are presented by one person.

Features of the competition announcement

The announcement of a competition in a public manner is made by publication in a newspaper, issuing an advertisement in public places, notice on radio, television and other means mass media.

The conditions that the competition announcement must contain are defined in paragraph 4 of Art. 1057 Civil Code of the Russian Federation. They are divided into mandatory, i.e., such as must be specified when announcing any competition, and additional, t.s. those that are indicated at the free discretion of the competition organizer, and their number and nature depend on the characteristics of the competition. In the absence of mandatory conditions or at least one of them, the competition is considered unannounced. These conditions include:

1. information about the essence of the task(subject of the competition). The level of detail of this information depends on the purpose and nature of the competition. Thus, a competition task can be expressed in a simple statement of a problem indicating the form of its solution (for example, the creation of a monument to internationalist soldiers) and can be detailed to specific indicators and features that must be met by the solution of the competition task (the creation of the same monument, but on the basis of a certain plot);

2. criteria and procedure for assessing work results or other achievements. They are established depending on the nature of the work itself. The evaluation criteria are determined by the competition organizer, but must be announced and explained to interested parties. The competition can be held in several stages, after which the most worthy works are evaluated and selected for participation in the next stage. The final evaluation of the work may be preceded by its preliminary open discussion in one or another group, the placement of works submitted for the competition at exhibitions for public viewing in order to determine public opinion about these works. The deadline for the final evaluation of the work is also recognized as the deadline for making a decision on the payment of remuneration to its author;

3. place, deadline and procedure for presenting work or other achievements. The place where the work will be presented is indicated in the competition announcement, among other conditions, and is of significant importance not only for the participants of the competition, but also for attracting public attention to the competition, especially when holding performing arts competitions. In the latter case, the place of presentation of the work is recognized as the place where the activity to be reviewed and assessed is carried out.

The deadline can be determined either by the length of time during which the task must be completed, or by a precisely fixed calendar date to which the task will be completed, when, for example, the subject of the competition is an activity that is subject to evaluation during its execution itself. Final and interim deadlines may be set.

Failure to complete an assignment or failure to submit work to deadline Regardless of their reasons, it entails a refusal to accept work for the competition, which cannot be appealed either administratively or in court.

The procedure for submitting a work to a competition is determined by the nature of the work and is expressed either in the transfer by the participant of the competition to its organizer of a certain result of his work in the form of a materialized object, or by the execution of the work with the direct perception of this performance by the organizer of the competition. Refusal to accept a work for a competition can only be due to its non-compliance with the conditions of the competition or violation of the procedure and deadlines for its submission;

4. size and form of remuneration. They are usually established in the form of a certain amount of money (the amount of remuneration may vary depending on the place occupied), but can also be expressed in some other form: a valuable item (car, apartment), a tourist voucher, the right to conclude an agreement;

5. procedure and timing for announcing the results of the competition. The results of the competition are determined in the decision on the evaluation of competition works. ABOUT the decision taken participants of the competition may be notified in the same form in which the competition was announced, or in another way (for example, by written notification of all applicants or only the winners of the competition, etc.).

Additional conditions of the competition are established by its organizer and detail its individual provisions to add certainty to the relationship between the parties. Most often they relate to the design of works submitted to the competition; composition of the jury; procedure and timing of remuneration payment; the procedure for using awarded works of science, literature or art and paying royalties to the authors of these works; the procedure for returning works not awarded a prize to competition participants, etc.

Changing the conditions and canceling the public competition are allowed only within the first half of the period established for the submission of works (clause 1 of Article 1058 of the Civil Code of the Russian Federation).

Changes in the conditions of the competition or its cancellation must be brought to the attention of participants in the same way in which the competition was announced (clause 2 of Article 1058). Compliance with this requirement releases the competition organizer from the obligation to accept for the competition a work performed on the originally specified conditions, even if the author of this work, for good reason, did not know about the changes made to the competition conditions or about its cancellation. However, by virtue of clause 3 of Art. 1058, the organizer in this case is obliged to reimburse expenses incurred by any person who performed the work specified in the advertisement before he became or should have become aware of a change in the conditions of the competition or its cancellation. The organizer of the competition is released from the obligation to reimburse such expenses if he proves that the specified work was not performed in connection with the competition, in particular before the announcement of the competition, or knowingly did not comply with the conditions of the competition.

Violation of the requirements for the procedure for changing the conditions of the competition or its cancellation entails in accordance with clause 4 of Art. 1058 responsibility of the organizer in the form of payment of rewards to those participants in the competition who completed work that satisfies the conditions specified in the competition announcement.

Eligibility for an award arises for the applicant only if his work is recognized as the best and (or) worthy of remuneration in accordance with the terms of the competition. If the results specified in the advertisement are achieved in work performed jointly by two or more persons, the reward is distributed in accordance with the agreement reached between them. If such an agreement is not reached, the procedure for distributing the award is determined by the court (Clause 2 of Article 1059 of the Civil Code of the Russian Federation).

The legislator additionally ensures the interests of the person who announced a public competition to create a work of science, literature and art. According to Art. 1060 of the Civil Code of the Russian Federation, the person who announced such a competition, unless otherwise provided by its terms, is recognized pre-emptive right to conclude with the author of a work awarded a specified award an agreement on the use of the work with the payment of a certain remuneration to the author. An agreement which, in the case provided for in Art. 1060, the organizer concludes with the author of the work, according to general rule is a license agreement (Article 1286 of the Civil Code of the Russian Federation).

In accordance with Art. 1061 of the Civil Code of the Russian Federation, the person who announced the public competition is obliged to return to the participants the works that were not awarded. The person who announced a public competition is released from this obligation when the appropriate instructions in this regard were contained in the competition announcement or arise from the nature of the work performed. So, if a competition was announced for the execution of the best culinary work followed by tasting of this product, then one can only “guess” about future fate work results.

There are two parties involved in the obligations of a public competition:

The person who organized the competition (announced the competition);

Persons participating in the competition, including those who won this competition (fulfilled the conditions presented).

Public competition with an obligation to pay a reward

Article 1057 of the Civil Code of the Russian Federation establishes that a person who publicly announced the payment of a monetary reward or the issuance of another reward (payment of an award) for the best performance of work or achievement of other results (public competition) must pay (give out) the stipulated reward to the one who, in accordance with the conditions of the competition are recognized as its winner.

A public competition must be aimed at achieving some socially useful goals.

A public competition can be open or closed.

A public competition is open when the offer of the competition organizer to take part in it is addressed to everyone by means of an announcement in the press or other media. In this case, an open competition may be conditioned by the preliminary qualification of its participants, when the organizer of the competition carries out a preliminary selection of persons who wish to take part in it.

A public competition is closed when an offer to take part in the competition is sent to a certain circle of people chosen by the competition organizer.

The announcement of a public competition must contain conditions stipulating the essence of the task, the criteria and procedure for assessing the results of work or other achievements, the place, deadline and procedure for their presentation, the size and form of the award, as well as the procedure and timing for announcing the results of the competition.

Public competition with an obligation to conclude an agreement

Paragraph 5 of Article 1057 of the Civil Code of the Russian Federation establishes that for a public competition containing an obligation to conclude an agreement with the winner of the competition, the rules of Article 447449 of the Civil Code of the Russian Federation on concluding an agreement at auction and on the organization and procedure for conducting auctions are applied.

Article 447 of the Civil Code of the Russian Federation provides that an agreement can be concluded through bidding, and the contract is concluded with the person who wins the bidding.

The organizer of the auction may be the owner of the thing or the holder of the property right, or a specialized organization acting on the basis of an agreement with the owner of the thing or the holder of the property right.

Bidding may be conducted in the form of an auction or competition, in which more than one participant must participate.

The winner of the auction is the person who offers the highest price.

The winner of the auction is the person who, based on the conclusion of the competition commission, pre-appointed by the auction organizer, offered the best conditions.

Auctions and competitions can be open or closed.

Any person can participate in an open auction and open competition.

Only persons specifically invited for this purpose participate in a closed auction and closed competition.

Notification of the auction must be made by the organizer at least 30 days before the auction and must contain information about the time, place and form of the auction, its subject and procedure, including registration of participation in the auction, determination of the person who won the auction, as well as information about the starting price. If the subject of the auction is only the right to conclude a contract, the notice of the upcoming auction must indicate the period provided for this.

Bidders make a deposit in the amount, terms and manner specified in the notice of bidding. If the auction does not take place, the deposit will be returned. The deposit is also returned to persons who participated in the auction but did not win it. When concluding an agreement with the person who wins the auction, the amount of the deposit paid by him is counted towards the fulfillment of obligations under the concluded agreement.

The person who wins the auction and the auction organizer sign on the day of the auction or competition a protocol on the results of the auction, which has the force of a contract. The person who wins the auction, if he evades signing the protocol, loses the deposit he made.

The auction organizer who evaded signing the protocol is obliged to return the deposit to double size, as well as to compensate the person who won the auction for losses caused by participation in the auction in a part exceeding the amount of the deposit. If the subject of the auction was only the right to conclude an agreement, such an agreement must be signed by the parties no later than 20 days or another period specified in the notice after the completion of the auction and the execution of the protocol.

Reward

The decision to pay the award must be made and communicated to the participants of the public competition in the manner and within the time limits established in the competition announcement.

If the results specified in the advertisement are achieved in work performed jointly by two or more persons, the reward is distributed in accordance with the agreement reached between them. If such an agreement is not reached, the order of distribution of the award is determined by the court.

Reimbursement of expenses of competition participants

In the event of a change in the terms of the competition or its cancellation, the person who announced the competition must reimburse the costs incurred by any person who performed the work specified in the announcement before he became or should have become aware of the change in the terms of the competition and its cancellation.

However, the person who announced the competition is released from the obligation to reimburse expenses if he proves that the specified work was not performed in connection with the competition, in particular before the announcement of the competition, or knowingly did not comply with the conditions of the competition.

Accounting

Accounting with the person who organized the competition

Accounting depends on the goals pursued by the organizer of the competition when it was announced:

If the purpose of the competition was to select the best architectural project for the construction of a building or structure, the costs incurred are subject to reflection in the debit of account 08 “Capital investments”; Moreover, in cases where these costs are not provided for in the consolidated estimates of the cost of construction, they are subsequently not included in the initial cost of completed construction of fixed assets, but are attributed to the developer’s own funds: Dt 88 “Retained earnings (uncovered loss)” Kt 08 "Capital investments";

If the purpose of the competition was to select the best version of a manuscript or other work of literature, art, science for subsequent commercial publication or distribution in another paid manner, then the costs incurred are subject to reflection in the debit of account 08 “Capital investments” with subsequent inclusion in the inventory value intangible asset(rights to use relevant works of literature, art, science) with the mandatory registration of the corresponding copyright or license agreement: Dt 04 “Intangible assets” Kt 08 “Capital investments”.

However, if the corresponding agreement was not concluded and the right to commercial use the work did not transfer to the organizer of the competition, there is no need to talk about the acquisition of an intangible asset, so the only way out would be to attribute all costs incurred to own sources: Dt 88 “Retained earnings (uncovered loss)” Kt 08 “Capital investments”;

If the purpose of the competition was to identify (or achieve) any results not related to the production activities of the person who announced the competition, the costs incurred are subject to reflection in the debit of account 88 “Retained earnings (uncovered loss).”

Based on the above accounting records, the transfer of monetary awards and reimbursement of expenses to the winners (participants) of the competition are reflected as follows:

calculation of the amount to be paid (depending on the purpose and results of the competition):

Dt 08 “Capital investments” (88 “Retained earnings (uncovered loss)” Kt 76 “Settlements with various debtors and creditors”;

transfer of the reward amount (payment in cash from the cash register):

Dt 76 “Settlements with various debtors and creditors” - Kt 51 “Cash account” (50 “Cash”). When making payments to individuals, it should be borne in mind that subparagraph “h” of paragraph 1 of Article 3 of the Law “On Income Tax” provides tax benefit for complete exemption from taxation of the value of “prizes in cash and in kind received at competitions and competitions during the year, not exceeding the amount of twelve times the monthly salary established by law.” When a reward is paid in an amount exceeding the established amount, the excess amount is withheld income tax according to the established rate scale. For example, in letter No. 040406 of the Ministry of Finance of Russia it is explained that “if the winners of International competitions receive prizes in cash and in kind, then the cost of these prizes in part exceeding twelve times the minimum monthly wage established by law is subject to inclusion in taxable income.”

With regard to the calculation of mandatory insurance contributions to the Pension Fund, the same points should be noted that we focused on when considering the obligations arising from the public promise of a reward.

On the one hand, paragraph 14.9 of the Resolution of the Board of the Pension Fund of the Russian Federation No. 22 explains that compulsory insurance contributions to the Pension Fund of the Russian Federation should be accrued, among other things, for the cost of “awards awarded in cash or in kind for prize-winning places in competitions, shows, competitions (sports, professional, artistic, in-plant, republican) and other similar events” in cases where such payments are accrued to the employee from the employer’s funds. A similar explanation is contained in paragraph 10 of Resolution of the Board of the Pension Fund of the Russian Federation No. 73.

On the other hand, paragraph 21 of the “List of payments for which insurance premiums are not charged in Pension fund Russian Federation“It is established that mandatory insurance contributions to the Pension Fund are not charged on “remunerations paid to citizens under civil law contracts, excluding remunerations paid under contracts the subject of which is the performance of work or provision of services, as well as excluding remuneration under copyright contracts.” At the same time, in the letter of the Board of the Pension Fund No. EB09 11/2147IN it is explained that insurance contributions to the Pension Fund should be calculated on remunerations paid to individuals under contracts the subject of which is the performance of work or the provision of services; at the same time, “agreements... of a public competition cannot fall into this category.” A similar explanation is contained in the letter of the Pension Fund Board No. EB1628/8929.

Thus, if the reward is paid to an individual without proper documentation transactions, inspectors from the Pension Fund will inevitably raise the question of charging insurance contributions to the Pension Fund for these payments and subject the organization to a corresponding fine.

However, even proper written documentation of the transaction for the payment of an award based on the results of a public competition does not guarantee against conflict with inspectors from the Pension Fund of the Russian Federation. Therefore, when paying an award, it is necessary to formalize all documents in writing in strict accordance with the rules civil law.

Accounting for competition participants

In a competition with an obligation to pay a reward

If the costs did not lead to victory in the competition, then all costs incurred must be reflected in the debit of account 88 “Retained earnings (uncovered loss)” as an unproductive diversion of own funds.

If all expenses incurred by the competition participant are reimbursed by the competition organizer, in the prescribed manner they must form the competition participant’s revenue:

Accounting for all costs incurred Dt 20 “Main production” Kt 10 “Materials” (70 “Settlements with personnel for wages”, 69 “Settlements for social insurance and security”, 60 “Settlements with suppliers and contractors”, etc.) ;

Accrual of the amount of cost reimbursement receivable under the contract Dt 62 “Settlements with buyers and customers” - Kt 46 “Sales of products (works, services)”;

Allocation of VAT as part of revenue Dt 46 “Sales of products (works, services)” Kt 68 “Calculations with the budget” / subaccount “Calculations for VAT”;

Calculation of tax on road users - Dt 26 " General expenses» Kt 67 “Calculations for extra-budgetary payments”;

Write-off of all costs of the competition participant Dt 46 “Sales of products (works, services)” Kt 20 “Main production” (26 “General expenses”, etc.); definition financial result(profit) Dt 46 “Sales of products (works, services)” Kt 80 “Profits and losses”;

Dt 80 “Profits and losses” Kt 68 “Settlements with the budget” accrual of tax on the maintenance of housing stock and social and cultural facilities;

Repayment of debt by the organizer of the competition Dt 51 “Current account” - Kt 62 “Settlements with buyers and customers”.

In a competition with an obligation to conclude an agreement

If the costs did not lead to the conclusion of the corresponding agreement, all costs are subject to reflection in the debit of account 88 “Retained earnings (uncovered loss)” as an unproductive diversion of own funds.

If, as a result of the competition, a result is achieved - a corresponding agreement is concluded - then the amounts transferred to the organizer of the competition must be counted towards the deposit under this agreement.

At the same time special category consist of such costs of the competition participant as payments “for the right to conclude” the relevant agreements, which were the subject of the competition (for example, real estate lease agreements).

When analyzing this kind The following expenses should be noted. Firstly, by letters of the Ministry of Finance of Russia No. 040311 and No. 040311 the right to conclude a lease agreement land plot not subject to VAT. However, upon sale (resale) this right) VAT is applied to the full sale price.

Secondly, letter No. 1113/9767 of the State Tax Inspectorate for Moscow clarified that the “Regulation on the Composition of Costs” does not provide for the inclusion of fees for the right to enter into land lease agreements into the cost price. Therefore, “the transfer of funds to the settlement accounts of Moskomzem in the form of a fee for the right to conclude lease agreements is carried out at the expense of the profits remaining at the disposal of enterprises after paying taxes.”

Thus, such payments “for the right to conclude an agreement”, which are subsequently not counted towards the deposit under the concluded agreement, are subject to reflection in accounting as follows: actual transfer of payments - Dt 76 “Settlements with various debtors and creditors” Kt 51 “Current account "; attribution of expenses incurred at the expense of own funds - Dt 88 “Retained earnings (uncovered loss)” - Kt 76 “Settlements with various debtors and creditors.”

The person who announced the competition sets the terms for holding this competition: the start date and the end date.

At the same time, Article 1058 of the Civil Code of the Russian Federation establishes that the person who announced a public competition has the right to change its conditions or cancel the competition only during the first half of the period established for the submission of works. In this case, notification of changes in conditions or cancellation of the competition must be made in the same way as the competition was announced.

The person who announced a public competition must clearly determine the place where the competition will be held (or the place where the results of the competition will be summed up). Moreover, in the case of payment of an award (both to an individual and a foreign legal entity), the source of such income must make appropriate tax withholdings.

Use of competition results

If the subject of a public competition is the creation of a work of science, literature or art and the terms of the competition do not provide otherwise, the person who announced the public competition acquires the preemptive right to conclude an agreement with the author of the work that has been awarded a specified award on the use of the work with the payment of an appropriate remuneration for this.

Return of submitted works to competition participants

The person who announced a public competition is obliged to return works not awarded to the participants of the competition, unless otherwise provided by the announcement of the competition and does not follow from the nature of the work performed (which, in principle, cannot be returned to the participant, for example, when holding a competition for the best sand sculpture in seaside beach).

Full text of Art. 1057 of the Civil Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 1057 of the Civil Code of the Russian Federation.

1. A person who publicly announced the payment of a monetary reward or the issuance of another reward (payment of an award) for the best performance of work or achievement of other results (public competition) must pay (give out) the stipulated reward to the one who, in accordance with the terms of the competition, is recognized as his winner.

2. A public competition must be aimed at achieving some socially useful goals.

3. A public competition can be open, when the offer of the organizer of the competition to take part in it is addressed to everyone by means of an announcement in the press or other media, or closed, when the offer to take part in the competition is sent to a certain circle of people at the choice of the organizer of the competition. Open competition may be due to the preliminary qualification of its participants, when the organizer of the competition carries out a preliminary selection of persons who wish to take part in it.

4. The announcement of a public competition must contain at least the conditions stipulating the essence of the task, the criteria and procedure for assessing the results of work or other achievements, the place, deadline and procedure for their presentation, the size and form of the award, as well as the procedure and timing for announcing the results of the competition.

5. For a public competition containing an obligation to conclude an agreement with the winner of the competition, the rules provided for by this chapter apply to the extent that Articles 447 - 449 of this Code do not provide otherwise.

Commentary on Article 1057 of the Civil Code of the Russian Federation

1. The article under comment is devoted to the organization of a public competition. A public competition is a type of public promise of a reward. When announcing it, the person who publicly announced the payment of a monetary reward or the issuance of another award (payment of an award) for the best performance of work or achievement of other results must pay (give out) the stipulated award to the one who, in accordance with the competition, is recognized as the best performer of the work or has achieved best results.

2. In contrast to the public promise of a reward, a public competition is aimed at achieving some socially useful goals and can be addressed to everyone (open competition) and to a certain circle of people chosen by the competition organizer (closed competition).

For example, the purpose of holding an open public competition for the best history lesson on the topic: “The First World War on the map of the Union State” was the need to find new formats for conducting history lessons in order to form and educate military-patriotic feelings among the younger generation, identifying common historical roots of the Russian and Belarusian peoples.

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See the Regulations on the public competition for the best history lesson on the topic: “The First World War on the map of the Union State / URL: http://www.kp.ru/daily/26245/3126779/
The purpose of the public competition “BAM in the history of my family” is to popularize the history of Russia, promote patriotism and the achievements of domestic railway construction.

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See Regulations on the public competition "BAM in the history of my family" / URL: http://www.kp.ru/daily/26227.5/3110226/
The purpose of the All-Russian competition for the best scientific work among students, graduate students and young scientists of higher educational institutions of the Ministry of Agriculture of Russia is to support talented youth, promote scientific knowledge and creative achievements, identify and develop creative abilities and interest in scientific activities among Russian youth (see the order of the Ministry agriculture RF dated July 17, 2014 N 283).

3. The announcement of the competition may take place in the press or other media. This announcement, like the promise of a reward, is a unilateral transaction or public offer. Clause 4 of Art. speaks in favor of the latter. 1057 of the Civil Code of the Russian Federation, namely the fact that the announcement of a public competition must contain conditions stipulating the essence of the task, the criteria and procedure for assessing the results of work and other achievements, the place, deadline and procedure for their presentation, the size and form of the award, the procedure and timing for the implementation of the results competition.

For example, an announcement about an open public competition of works for the Russian Government awards in the field of education in 2014 was published on January 15, 2014 in " Rossiyskaya newspaper"(federal issue N 6278), as well as on the website of the Russian Ministry of Education and Science.

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See also the electronic version: URL: http://www.rg.ru/2014/01/13/konkurs-site-dok.html
See URL: http://Ministry of Education and Science.rf/news/3856/file/2660/Announcement of competition_prize of the Government of the Russian Federation in the field of education in 2014.doc
Announcements about the competition “BAM in the history of my family” and for the best history lesson on the topic: “The First World War on the map of the Union State”, as well as the corresponding regulations on the conduct of these competitions, were published on the website of CJSC “Publishing House “Komsomolskaya Pravda” on the Internet at: www.kp.ru.

4. Since the competition is a competition that determines the best among its participants, it assumes the presence of several participants who take into account the announced conditions and submit works to the competition - the results of authorship, performing skills, sports achievements, scientific works, etc.

Submission of works and achievements to the competition is acceptance and the moment of concluding the contract (). This is a conditional transaction with a suspensive condition, since the obligation to pay the reward arises only for the winner. The form of the agreement can be any. Most often, evidence of its conclusion is a written presentation of work results or other achievements. An essential condition of such an agreement is its subject: the above-mentioned works or achievements, the criteria and procedure for their evaluation, the size and form of the award, the procedure and timing for announcing the results of the competition.

The reward can be paid not only in cash. Memorial signs are awarded as a reward. The issuance of an award may be accompanied by the awarding of various types of certificates, the awarding of honorary titles of laureate or diploma winner of the competition. However, these are only measures of moral encouragement, which in themselves are not a competitive award.

The subjects of the contract can be any natural or legal entities. The competition organizer can be: government bodies and local governments.

5. For a public competition that contains an obligation to conclude an agreement with the winner of the competition, the provisions on the public competition and, accordingly, the articles on concluding an agreement at auction (Articles 447-449 of the Civil Code of the Russian Federation) apply.

6. Applicable law:
- Decree of the Government of the Russian Federation dated August 28, 2013 N 744;
- order of the Ministry of Transport of the Russian Federation dated 09/08/2014 N MS-127-r;
- order of the Ministry of Transport of the Russian Federation dated 09/08/2014 N MS-126-r;
- order of the Ministry of Labor and social protection RF dated 04.08.2014 N 516;
- order of the Ministry of Agriculture of the Russian Federation dated July 17, 2014 N 283;
- order Federal service execution of punishments dated May 13, 2014 N 224;
- order of the Federal Agency for Youth Affairs dated March 17, 2014 N 60;
- order of the Federal Agency for Youth Affairs dated March 12, 2014 N 56;
- order of the Federal Agency for Youth Affairs dated March 12, 2014 N 50;
- order of the Federal Forestry Agency dated 03/07/2014 N 61;
- order of the Federal Bailiff Service dated January 15, 2014 N 3;
- order of the Federal Agency for Youth Affairs dated January 13, 2014 N 6;
- order of the Ministry of Internal Affairs of Russia dated August 10, 2013 N 612;
- Regulations on the competition “For the production of high-quality food products” (approved by the Ministry of Agriculture of the Russian Federation on August 20, 2014);
- Regulations on the All-Russian competition "For service to sport" (for contribution to the development physical culture and sports) (approved by the Ministry of Sports of the Russian Federation on July 21, 2014);
- Regulations on the All-Russian competition "Sports Solidarity" (for strengthening international sports relations) (approved by the Ministry of Sports of the Russian Federation on July 1, 2014);
- Regulations on the competition “Best Family Livestock Farm” (approved by the Ministry of Agriculture of the Russian Federation on June 18, 2014);
- Regulations on the All-Russian competition for the title “Pride of Russia” (best athlete, best athlete, best coach) (approved by the Ministry of Sports of the Russian Federation on June 11, 2014);
- Regulations on the All-Russian competition for the title “Epoch in Sports” (for many years of work for the benefit of the development of sports in the country) (approved by the Ministry of Sports of the Russian Federation on June 11, 2014);
- letter of the Ministry of Education and Science of the Russian Federation dated January 28, 2014 N VK-101/09.

7. Judicial practice:
- determination of the Armed Forces of the Russian Federation dated April 11, 2012 N 32-APG12-3;
- resolution of the Federal Antimonopoly Service of the Far Eastern District dated October 22, 2009 N F03-5483/2009 in case N A59-148/2009;
- Resolution of the Federal Antimonopoly Service of the Far Eastern District dated October 19, 2009 N F03-5340/2009 in case N A59-6592/2008;
- Resolution of the Federal Antimonopoly Service of the Far Eastern District dated October 16, 2009 N F03-5395/2009 in case N A59-6582/2008;
- resolution of the Federal Antimonopoly Service of the Volga District dated January 22, 2009 in case No. A55-8445/2008.

Consultations and comments from lawyers on Article 1057 of the Civil Code of the Russian Federation

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2. A public competition must be aimed at achieving some socially useful goals.

An open competition may be conditioned by the preliminary qualification of its participants, when the organizer of the competition carries out a preliminary selection of persons who wish to take part in it.

Commentary to Art. 1057 Civil Code of the Russian Federation

1. Today, such a legal action as the announcement of a public competition is becoming increasingly widespread in civil circulation. According to S.A. Chernysheva, by its legal nature, a competition is a unilateral transaction, which is characterized by the expression of the will of one party. The announcement of a competition is a one-sided transaction, because for it to occur, the expression of the will of the competition organizer is sufficient. Submission by a person of work completed in accordance with the terms of the competition is also a one-sided transaction, since the person’s desire to participate in the competition is expressed without prior agreement on issues related to the competition.

The Constitution of the Russian Federation (Article 43) introduces the concept of “on a competitive basis” in relation to obtaining higher education in state or municipal educational institutions. However, the practical application of this concept is much wider. It is found in many laws adopted recently and affects various aspects of the life of the state and society. Thus, in pursuance of Decree of the President of the Russian Federation of April 12, 1993 N 443 “On urgent measures of state support for students and graduate students educational institutions higher vocational education"and the Regulations on scholarships of the President of the Russian Federation, approved by Decree of the President of the Russian Federation dated September 6, 1993 N 613-rp (as amended by Decrees of the President of the Russian Federation dated February 14, 2010 N 182, dated June 22, 2010 N 773, dated 8 March 2011 N 285), announced an open public competition for scholarships from the President of the Russian Federation to study abroad for students and graduate students of Russian universities in the 2011/2012 academic year.

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Collection of acts of the President and Government of the Russian Federation. 1993. N 16. Art. 1341.

Collection of acts of the President and Government of the Russian Federation. 1993. N 37. Art. 3451.

Collection of legislation of the Russian Federation. 2010. N 8. Art. 837.

Collection of legislation of the Russian Federation. 2010. N 26. Art. 3331.

Collection of legislation of the Russian Federation. 2011. N 11. Art. 1514.

Typically, a public competition is announced by organizations interested in achieving the best results in a certain field of activity. However, as practice shows, the organizers and participants of a public competition do not always clearly understand the legal side of the relationship they enter into in connection with its announcement.

A public competition is, first of all, one of the most important institutions of civil law, by virtue of which a person who has publicly announced the issuance of an award for the best performance of work or the achievement of other results, undertakes to hold the competition within a specified period and give the stipulated award to the one who, in accordance with the conditions of the competition was declared the winner.

A public competition and a public announcement of a reward are united by a public promise of a reward for performing a lawful action.

The public nature is manifested in the fact that the advertisement is addressed to an indefinite number of people in a public place. This could be an appeal made on the Internet or at a press conference during an international exhibition, in print and electronic media.

The announcement of a public competition is understood as a message made by the organizer of the competition in a manner accessible to an indefinite circle of persons about his acceptance of the obligation to pay a property reward to the winner of the competition, i.e. to the one who, in accordance with the terms of the competition, will be recognized as having best performed a certain work or achieved other best results.

2. A necessary feature of the results of the actions of competition participants must be their contribution to the achievement of any socially useful goals. As for the public promise of an award, the message about this, as in the case of a public competition, should be accessible to an indefinite circle of people. At the same time, unlike a competition, with a public promise, a reward can be promised for performing not only a socially useful action, but also any other lawful action, usually aimed at satisfying the interests of a private person (for example, finding a lost item, obtaining necessary information). In addition, the reward must be paid to anyone who completes the action specified in the advertisement. If the required action is performed by several persons, then the right to the reward is acquired by the one who performed this action first, and not by the one who achieved the results and is recognized as the winner of the competition.

Both the public promise of a reward and the public competition as a type of public promise of a reward, as noted above, are traditionally considered one-sided transactions. Meanwhile, in relation to them in this aspect one can discern some difference.

According to Professor A.M. Erdelevsky, the qualification of a public promise of a reward as a unilateral transaction is beyond doubt. For an obligation to pay a reward to arise, two legal facts must exist: 1) a public announcement by the promisor of the payment of the reward; 2) the commission by another person of the action that determines the payment of the reward. Of these actions, only the first should be aimed at the onset of legal consequences inherent in the promise of a reward, namely, the emergence of an obligation to pay the reward. The actual direction of the will of the person who committed the corresponding action is legally indifferent for the emergence of this obligation, since according to paragraph 4 of Art. 1055 of the Civil Code of the Russian Federation, the obligation to pay a reward arises regardless of whether the corresponding action was taken in connection with the announcement made or independently of it.

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Erdelevsky A.M. Public promise of reward // Legality. 2000. N 8. P. 11.

The direction of the will of the person performing the required action to receive a reward has legal significance only as the basis for the emergence of his right to reimbursement of expenses incurred in connection with the commission of this action, in the event of the lawful cancellation of the public promise of a reward, since such a right may arise for the person who “responded” to announcement (clause 2 of article 1056 of the Civil Code).

The one-sided nature of such a transaction as a public competition is not so obvious. For the obligation of the organizer of a public competition to pay an award, four legal facts must exist: 1) the organizer’s announcement of a public competition; 2) performance of certain work by competition participants or achievement of other results; 3) presentation of the results of the competition task for participation in the competition; 4) recognition of the competition participant as the winner.

It is easy to see that completing the competition task and presenting the results for participation in the competition together form the action the fulfillment of which determines the promise of a reward in a public competition. Completing the first part of this action - completing the competition task - may well not be related to the announcement of the competition and may not be aimed at taking part in it. However, the second part of the competition participant’s action - submitting the results of the completed work to the competition - is always aimed at entering into an obligatory legal relationship with the organizer of a public competition and achieving the legal consequences inherent in such a competition.

The foregoing gives grounds for some Russian civil law scholars (including V.P. Mozolin, S.A. Chernysheva, A.M. Erdelevsky and some others) to consider a public competition not as a one-sided transaction, but as a kind of agreement, where the announcement of the competition turns out to be a type of public offer, which becomes irrevocable after the first half of the period established for the submission of works, and the submission of the results of the work to the competition becomes an acceptance of the offer in accordance with clause 3 of Art. 438 of the Civil Code of the Russian Federation, which states that the performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided by law, other legal acts or not specified in the offer.

3. The organizers of a public competition can be both legal entities and citizens, and the public competition itself can be open or closed. The legal capacity of citizens participating in the competition is determined by the general rules of civil law. There are no age restrictions. This means that not only adult citizens, but also minors aged 14 to 18 years can participate in the competition, because they have the right to independently, without the consent of parents, adoptive parents and trustees, exercise the rights of the author of a work of science, literature or art, invention or other protected the law of the result of its intellectual activity(). For minors under 14 years of age according to Art. 28 of the Civil Code of the Russian Federation, transactions can be made on their behalf by legal representatives (parents, adoptive parents, guardians).

The range of participants in the competition depends on the type of competition. If the public competition is open, then the organizer’s offer to take part in it is addressed to everyone through an announcement in the media.

An open competition may also be conditioned by the preliminary qualification of its participants, when the organizer of the competition carries out a preliminary selection of persons who wish to take part in it.

So, before the XIV International Competition named after P.I. Tchaikovsky, held from June 14 to July 2, 2011 in Moscow, all applicants for participation in this competition were asked to undergo a preliminary selection, which formed the final composition of the competitors in four categories (piano, violin, cello, solo singing) . It should be noted that a certain age limit was established for this competition: instrumentalists - 16 - 30 years old, singers - 19 - 32 years old.

In a closed competition, participants make up a certain circle of people chosen by the competition organizer.

The possibility of holding a closed competition in relation to, for example, placing orders for the supply of goods, performance of work, provision of services for state and municipal needs is regulated by special Federal law dated July 21, 2005 N 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” (as amended and additionally entered into force on January 1, 2011).

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Collection of legislation of the Russian Federation. 2005. N 30 (part 1). Art. 3105.

Ministry economic development and trade of the Russian Federation, by its Order of May 3, 2006 N 124, approved the Procedure that regulates the issues of holding a closed competition, a closed auction, the possibility of concluding a state or municipal contract with sole supplier(performer, contractor).

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Bulletin of normative acts. 2006. N 30.

Nevertheless, the announcement of a closed competition itself must be made publicly, although in this case not necessarily through the media, but in any way, for example, through a wall newspaper, posting advertisements, distributing information leaflets. This conclusion follows from paragraph 1 of the commented article, where the publicity of the announcement of the payment of the award is indicated as a mandatory feature of any public competition, both open and closed.

4. The content of a unilateral transaction (public announcement by the organizer of a competition) or an agreement on a public competition constitutes essential and other conditions. Clause 4 of the commented article establishes fairly stringent requirements for the content of the announcement of a public competition. It should include conditions defining the essence of the task (i.e., what kind of work must be performed or what results must be achieved), criteria and procedure for evaluating the results of work or other achievements (by the organizer of the competition itself, a specially formed jury, etc. .), place, timing and procedure for submitting results to the competition, size and form of the award, as well as the procedure and timing for announcing the results of the competition. Establishing criteria for evaluating results is necessary, in particular, in order to exclude the possibility of arbitrarily determining the winner of the competition. The absence of any of the necessary conditions in the competition announcement entails its invalidity.

Thus, to essential conditions public competition should include the following: the subject of the transaction; place, date and procedure for providing work or other achievements; criterion and procedure for evaluating work results; size and shape of the award; procedure and timing for announcing the results of the competition.

Other conditions may include the procedure and timing of payment of remuneration, as well as the fate of works submitted to the competition that were not awarded.

The subject of the transaction is the implementation of lawful actions aimed at achieving a socially useful goal and constituting the essence of the task.

The presence of a socially useful purpose means that the competition itself and its results serve society as a whole, since it is interested in identifying and supporting talented performers, developing projects for the protection of monuments, protecting the environment, etc.

The essence of the task is described as the requirements for the work and its result. Detailed requirements for the result of work are also practiced. Thus, the program of the XIII International Competition named after P.I. Tchaikovsky regulated in detail the content of each round, as well as the mandatory requirements for the performance of certain types of musical works by contestants in each round.

The place where the work is presented is usually the address of the organizer or his authorized representative. The terms of the competition may stipulate that the work is presented in a public place, i.e. Along with the jury, access to spectators and listeners is also provided.

Setting a deadline for submitting work is necessary to ensure that all participants are in the same time conditions for the successful completion of the task specified in the advertisement. The deadline must be realistic. Final and intermediate deadlines may be set for the submission of work. For a performing competition, the organizer usually approves the competition calendar, indicating the dates of registration, drawing, each round (audition, viewing), awards ceremony and closing.

The terms of the competition may provide for the provision of work under a motto in order to maintain the secret of the participant’s name in order to objectively determine the winner.

The essential conditions include the criteria and procedure for assessing the results of work. The organizer has the right to independently evaluate the achievements submitted to the competition or to involve third parties. Sometimes, as noted above, a jury, competition commission or committee is created specifically for these purposes. The results of the work can be assessed by any permanent body of the competition organizer.

For each competition, taking into account its specifics, criteria for assessing the results of work are established. The score can be derived based on the sum of points scored for each criterion.

A prerequisite is to determine the procedure and deadline for announcing the results of the competition. The exact date for announcing the results of the competition or the period during which the result is announced after the decision to select the winner is made.

The result is communicated either orally to all participants, or through the media simultaneously with the notification of each winner, or in writing. Sometimes it is specifically stated that the result will be announced in a solemn atmosphere.

5. A separate group is represented by the rules governing the conclusion of contracts at auctions, one of the forms of which is competitions (Article 447 of the Civil Code). The purpose of these competitions is the alienation of certain property to the one who offered the best conditions for it. As a result of such competitions, the organizers are obliged to enter into an agreement with the winner, which defines their obligations. The object of the competition in the sense of Ch. 57 of the Civil Code of the Russian Federation are pre-announced obligations of the organizer. Therefore, the norms of the commented chapter can be applied to relations arising during bidding only in cases where these relations are not regulated by these norms and do not contradict them.

2. A public competition must be aimed at achieving some socially useful goals.

Commentary on Article 1057 of the Civil Code of the Russian Federation

1. This article gives the concept of a public competition and its general characteristics.

As the name suggests, this agreement is public. A distinctive feature of the contract is the indication in the public promise of a reward that it will be paid to the person who copes with a certain task best.

The purpose of announcing a public competition is to achieve socially useful results.

The reward for the best performance of a task in a competition can be not only in the form of a monetary reward, but also in the form of another reward.

2. A public competition can be open or closed. In the first case, the announcement of the competition is published in the media and anyone can take part in it. True, a preliminary selection of participants may be provided here to identify persons with the most suitable qualifications. In the second case, an offer to take part in the competition is sent to a predetermined circle of people.

3. Paragraphs 4 and 5 of this article contain more detailed requirements for the announcement of a public competition. Thus, the advertisement must contain the terms of the competition, from which the essence of the task can be seen. The advertisement must also indicate:

Criteria and procedure for assessing work results or other achievements;

Place, deadline and procedure for presenting the results of the completed task,

Size and shape of the award;

The procedure and timing for announcing the results of the competition.

4. For a public competition, which contains the organizer’s obligation to conclude an agreement with the winner, the rules of the articles of the Civil Code governing relations regarding the conclusion of an agreement at an auction are applied, unless otherwise specified in Articles 447 - 449 of the Civil Code of the Russian Federation.

Another comment on Article 1057 of the Civil Code of the Russian Federation

1. Public competitions have become quite widespread in practice: competitions in the creative field, performing competitions, scientific, sports competitions, competitions for the right to conclude a contract, as well as competitions in other areas of human activity, where it is possible for the organizer of the competition to select one or more works, other results that best meet the conditions of the competition and are the best. The term “competition” (from the Latin concursus) means a competition aimed at identifying the best among its participants (Dictionary of Foreign Words. M., 1980. P. 251). A public competition in the civil legal sense, with the exception of a closed competition, is always designed for an indefinite number of persons, no matter how limited the circle of its participants is. The promise to pay a reward to the one who best fulfills the conditions of the competition and achieves the best result should be addressed to an unlimited number of people. A competition, in contrast to a public promise of a reward, is held when it is possible to qualitatively compare the results and determine the winner who has the right to claim the promised reward.

The announcement of a public competition is a unilateral transaction and does not in itself give rise to an obligation to pay remuneration. The obligation arising from the announcement of a public competition arises in the presence of a complex legal structure, including a number of unilateral transactions: firstly, the announcement of a public competition; secondly, the provision of works by the participants of the competition and, thirdly, the decision to recognize one of the participants as the winner of the competition and pay him a reward.

2. The subjects of the competition obligation are, first of all, the organizers of the competition - the persons who publicly announced the payment of a monetary reward or the issuance of another award. These can be any individuals and (or) legal entities, as well as public legal entities. It should be taken into account that in some cases legal entities have special legal capacity (non-profit organizations, unitary enterprises), and therefore they can announce a public competition only within the limits of their legal capacity. A public competition may be announced jointly by several persons.

Individuals and (or) legal entities that meet the requirements established in the announcement of payment of remuneration for the best performance of work or achievement of other results can also respond to the announcement of a public competition.

Both written and oral forms of announcing a public competition are possible; As a rule, such an announcement is made in the media.

3. Point 2 comments. Art. sets mandatory rule, according to which a public competition must be aimed at achieving some socially useful goals. Civil legislation does not contain the concept of a socially useful purpose. Traditionally, socially useful goals include the achievement of humanitarian, social or scientific and technical tasks of public importance: this can be the creation of works of science, literature, art, architecture, etc. However, announcements of remuneration for the development of a universal master key cannot be classified as a public competition and therefore are not regulated by civil law; "best" rules for fighting between dogs or other animals; "cockroach race"; beer lovers competitions, etc.

If the competition does not meet socially beneficial goals, it may be declared invalid.

4. A public competition can be open or closed. In an open competition, the offer of the competition organizer to take part in it is addressed to everyone by placing an advertisement in the press or in other media. Since, as a rule, participants who meet certain requirements are invited to participate in the competition, their circle is not completely indefinite, but the main thing for an open competition is that the invitation to participate in it must always be non-personalized.

An open competition may be subject to pre-qualification of its participants. The requirements for the preliminary selection of persons who wish to take part in the competition may be contained either in the announcement of the competition itself, or in the special documentation of the organizers, which anyone who wishes to participate in the competition has the right to familiarize themselves with. For example, competition participants may be subject to additional requirements regarding profession, age, place of residence, etc. It is possible to hold a public competition in several stages or rounds. Persons who have passed the initial round(s) are allowed to participate in the subsequent round. The winner(s) will be determined in the final round.

In a closed competition, an offer to take part in the competition is sent to a certain circle of persons chosen by the competition organizer, i.e. such proposals are personal in nature, they are based on the wishes of the competition organizer, who also determines the method of announcing a closed public competition.

5. The announcement of a competition can be made in any form, but it must contain the conditions stipulated in the comments. Art. The conditions contained in the advertisement are divided into mandatory and optional. Mandatory conditions are listed in paragraph 4 of the comment. Art. and must appear in any announcement of a public competition; in the absence of at least one of them, the competition is considered unannounced. Optional conditions are derivative in nature and are included by the competition organizer at its discretion. Such conditions include, for example, the condition on the preliminary selection of sites for a public competition; a condition providing for the release of the competition organizer from the obligation to return works that were not awarded to the competition participants, etc.

TO mandatory conditions competition law provides information about the essence of the task; criteria and procedure for assessing work results or other achievements; place, timing and procedure for their submission; the size and forms of the award, as well as the procedure and timing for announcing the results of the competition.

The essence of the task refers to the requirements for the result of work or other achievements of the competition. The degree of detail may vary and depends on the discretion of the organizer, as well as on the purpose and nature of the competition itself.

The criteria and procedure for assessing work results and other achievements also depend on the nature of the competition. The organizer either independently evaluates the works submitted to the competition, or can involve third parties for this - the competition commission, the jury.

In the comments. Ch. there are no rules governing the work of the commission, therefore its activities should be regulated in sufficient detail by the competition organizer in a special document.

The place, deadline and procedure for submitting works are determined by the organizer in the announcement of the competition. He can set intermediate and final deadlines for the completion of works, achievements, as well as their form of submission to the competition.

The form of presentation of the work depends, as a rule, on the nature of the work and can be expressed either in the transfer by the participant of the competition to the organizer of a certain material object (painting, project, manuscript), or through performance with the direct perception of this performance by the organizer (music competitions, competitions of song, dance and etc.).

Works can be submitted by participants under certain mottos (encrypted designations), or the author fully indicates his data.

Failure of competition participants to comply with the conditions regarding the place, timing and procedure for submitting works may result in the organizer’s refusal to accept them.

The next mandatory condition contained in the announcement of a public competition is the size and form of the award. In the announcement, the organizer must specifically define the award, its size, and the number of prizes awarded. The remuneration must necessarily be of a property nature; it can be expressed in monetary, material, or other form, but must be property. Moral incentives (awarding titles, awarding diplomas, certificates) may accompany the awarding of prizes, but they cannot be of an independent nature. If participants are awarded only certificates without payment of property awards, then such relations are not subject to regulation by the norms of Chapter. 57 of the Civil Code and are not civil law.

Mandatory conditions, which must also be contained in the competition announcement, include the procedure and deadline for announcing the results of the competition. The right to receive an award arises for the applicant if his work is recognized as the best or worthy of receiving one of the awards, of which he must be notified by the organizer of the competition, either in the same form in which the announcement of the competition was made, or in another way.

As a rule, the organizer creates a competition commission (jury) to review and evaluate the submitted works, but he can do this independently or entrust it to a third organization. Civil code does not contain norms dedicated to the competition commission, therefore its activities must be regulated by the organizer in a special document, while certain ethical requirements should be taken into account, for example, about the inadmissibility of participation in the competition commission by interested persons or the competition participants themselves.

6. In the comments. Art. a rule has been established according to which, to a public competition containing an obligation to conclude an agreement with the winner of the competition, the rules on public competition (Chapter 57 of the Civil Code) are applied insofar as the rules on trading in the form of a competition (Articles 447 - 449 of the Civil Code) do not provide otherwise , i.e. The priority of the legislation on auctions in the form of a competition has been established over the rules on public competition, therefore, in case of discrepancy between them, the rules on auctions in the form of a competition should be applied.

It should be borne in mind that the legal regulation of competitions for the conclusion individual species agreements in relation to certain property to achieve certain goals are carried out by special laws and regulations adopted in their development. Thus, in particular, the procedure for holding competitions for the right to conclude trust management agreements, lease agreements, free use state or municipal property and the list of cases of concluding these contracts through bidding in the form of a competition must be established by the Government of the Russian Federation. However, since at present the Government of the Russian Federation has not adopted the appropriate normative act, competitions for the right to conclude such agreements are held in the manner established by the Law on Concession Agreements. Competitions for the sale of state or municipal property are held in accordance with the requirements of the Privatization Law and the Regulations on the conduct of a competition for the sale of state and municipal property, approved. Decree of the Government of the Russian Federation of August 12, 2002 N 584 (SZ RF. 2002. N 33. Art. 3228). The procedure for holding tenders for the supply of goods, performance of work, provision of services for state or municipal needs is regulated by the Law on the Placement of Orders.