Features of contractual relations with the participation of the state

The first variant of the legislative consolidation of the possibility of the Russian Federation's participation in contractual legal relations is its direct direct consolidation in the Civil Code of the Russian Federation – by allocating the appropriate type (subspecies) of the contract (for example, §4 Chapter 30 "Supply of goods for state or municipal needs", §5 Chapter 37 "Contract work for state or municipal needs") or by directly indicating in the text the possibility of the State's participation as a party to a particular obligation without highlighting the corresponding type (subspecies) of the contract. Such a possibility is provided, for example, by the following norms of the Civil Code: §5 Chapter 30 "Contracting", taking into account the provisions of paragraph 2 of Article 535 on the application, in appropriate cases, to relations under a contract agreement not regulated by the rules of §5, rules on the supply of goods for state needs; Chapter 25 "Rental of residential premises", with taking into account the provisions of paragraph 1 of Article 671, Article 672; Chapter 38 "Performance of research, development and technological works", taking into account the provisions of paragraph 2 of Article 778 on the application to state contracts for the performance of research, development and technological works for state or municipal needs of the rules §5 of Chapter 37; Part four of the Civil Code of the Russian Federation, which explicitly indicates the possibility of state participation as a party to state contracts under which works of science, literature and art have been created (art. 1298), invention, utility model, industrial design (art. 1373), a selection achievement was created, derived or revealed (art. 1432); the topology of integrated circuits was created (art. 1464) or the secret of production was obtained (Article 1471); Chapter 42 "Loan and credit", taking into account the provisions of Article 817 on the state loan agreement.

The next rather large group of contractual obligations in which the State acts as a party are the so-called diversified contracts. The possibility of concluding such contracts, as well as special rules for their conclusion and execution, may be contained in codified acts of other branches of Russian legislation. We are talking about situations when the State becomes a party to contracts, the conclusion of which is provided for by the norms of environmental legislation, for example, under a water use agreement concluded in accordance with the provisions of chap. 3 of the Water Code of the Russian Federation; an agreement on the provision of lease and gratuitous urgent use of forest plots owned by the state on the basis of Chapter 6 of the Forest Code of the Russian Federation or a contract for the purchase and sale of forest plantations on the basis of Chapter 7 of the same Code, etc. At the same time, it is necessary