Civil Code, N 14-FZ | Art. 1057 of the Civil Code of the Russian Federation

Article 1057 of the Civil Code of the Russian Federation. Organization of a public competition (current version)

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

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

3. A public competition may be open when the proposal of the organizer of the competition to take part in it is addressed to everyone by an announcement in the press or other means. mass media, or closed, when an offer to take part in the competition is sent to a certain circle of persons at the choice of the organizer of the competition.

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

4. The announcement of a public competition must contain at least conditions that provide for the essence of the task, the criteria and procedure for evaluating the results of work or other achievements, the place, term and procedure for their presentation, the amount and form of the award, as well as the procedure and terms for announcing the results of the competition.

5. To a public competition containing an obligation to conclude an agreement with the winner of the competition, the rules provided for by this Chapter shall apply insofar as Articles 447-449 of this Code do not provide otherwise.

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Commentary on Art. 1057 of the Civil Code of the Russian Federation

1. The commented article is devoted to the organization of a public competition. A public competition is a type of public promise of an award. When it is announced, a person who has publicly announced the payment of a monetary reward or the issuance of another award (the payment of an award) for the best performance of work or the achievement of other results must pay (give) a conditional 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. Unlike a public promise of an award, 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 at the choice of the organizer of the competition (closed competition).

So, for example, the purpose of holding an open public competition for the best lesson in history on the topic: "The first World War on the map of the Union State" there was a need to find new formats for conducting history lessons in order to form and nurture military-patriotic feelings among the younger generation, to identify common historical roots Russian and Belarusian peoples.

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.

Purpose of the All-Russian competition for the best scientific work among students, graduate students and young scientists of higher educational institutions Ministry of Agriculture of Russia - support for talented youth, promotion of scientific knowledge and creative achievements, identification and development of creative abilities among Russian youth, interest in scientific activities (see Order of the Ministry Agriculture RF dated July 17, 2014 N 283).

3. The announcement of the competition may take place in print or other media. This announcement, like the promise of a reward, is a one-sided deal or a public offer. In favor of the latter speaks paragraph 4 of Art. 1057 of the Civil Code of the Russian Federation, namely the fact that the announcement of a public competition must contain conditions that provide for the essence of the task, the criteria and procedure for evaluating the results of work and other achievements, the place, deadline and procedure for their presentation, the amount and form of the award, the procedure and deadlines for achieving the results competition.

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

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 relevant provisions for holding 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 of 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 author's, performing skills, sports achievements, scientific works, etc.

Submission of works, achievements to the competition is an acceptance and the moment of conclusion of the contract (Article 433 of the Civil Code of the Russian Federation). This is a conditional transaction with a suspensive condition, since the obligation to pay the award occurs only for the winner. The form of the contract can be any. Most often, the proof of his conclusion is the written presentation of the results of work or other achievements. The essential condition of such an agreement is its subject: the above-mentioned works or achievements, the criteria and procedure for their evaluation, the amount and form of the award, the procedure and terms for announcing the results of the competition.

The reward can be paid not only in cash. Commemorative badges are given as an award. The issuance of an award may be accompanied by the awarding of various kinds of certificates, the awarding of honorary titles of a 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 and legal entities. Can act as the organizer of the competition government bodies and local governments.

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

6. Applicable law:

Decree of the Government of the Russian Federation of August 28, 2013 N 744;

Order of the Ministry of Transport of the Russian Federation dated 08.09.2014 N MS-127-r;

Order of the Ministry of Transport of the Russian Federation dated 08.09.2014 N MS-126-r;

Order of the Ministry of Labor and Social Protection of the Russian Federation of 08/04/2014 N 516;

Order of the Ministry of Agriculture of the Russian Federation of July 17, 2014 N 283;

Order Federal Service execution of sentences dated 13.05.2014 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 March 7, 2014 N 61;

Order of the Federal Bailiff Service dated January 15, 2014 N 3;

Order of the Federal Agency for Youth Affairs dated 13.01.2014 N 6;

Order of the Ministry of Internal Affairs of Russia dated 10.08.2013 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 sports" (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);

Judicial practice under Article 1057 of the Civil Code of the Russian Federation:

• Decision of the Supreme Court: Ruling N 74-APG17-2, Judicial Collegium for Civil Cases, appeal

  At the same time, the Judicial Collegium considers the position of the court of first instance on the contradiction of the Regulations with Article 1057 of the Civil Code to be erroneous. Russian Federation and about the uncertainty of the contained legal regulation, entailing a breadth of discriminatory powers and indicating the presence of corruption factors in the regional regulatory legal act ...

• Decision of the Supreme Court: Determination N 74-G09-17, Judicial Collegium for Civil Cases, cassation

  At the same time, the mandatory condition of the competition is also the form and amount of the award to be paid to the winner. However, in violation of Part 4 of Art. 1057 of the Civil Code of the Russian Federation, the Regulations lack the criteria and procedure for evaluating the results of work or other achievements, the procedure for announcing the results of the competition, which are essential conditions ...

• Decision of the Supreme Court: Ruling N 305-ES17-3374, Judicial Collegium for Economic Disputes, cassation

  The courts, having examined the circumstances of the dispute and the evidence presented, came to the conclusion that the disputed collection by the defendant of proposals for the formation of a list of national projects was not a public competition in the sense of Article 1057 of the Civil Code of the Russian Federation a special public entity - the Ministry of Economic Development...

1. A person who has publicly announced the payment of a monetary reward or the issuance of another award (about the payment of an award) for the best performance of work or the achievement of other results (public competition) must pay (give out) a conditional award to the one who, in accordance with the conditions 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 may be open, when the offer of the organizer of the competition to take part in it is addressed to everyone by an announcement in the press or other mass media, or closed, when the offer to take part in the competition is sent to a certain circle of persons at the choice of the organizer of the competition.

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

4. The announcement of a public competition must contain at least conditions that provide for the essence of the task, the criteria and procedure for evaluating the results of work or other achievements, the place, term and procedure for their presentation, the amount and form of the award, as well as the procedure and terms for announcing the results of the competition.

5. To a public tender containing an obligation to conclude an agreement with the winner of the tender, the rules provided for by this Chapter shall apply insofar as Articles 447-449 of this Code do not provide otherwise.

Commentary on Art. 1057 of the Civil Code of the Russian Federation

1. Today, such a legal action as the announcement of a public competition is becoming more widespread in civil circulation. According to S.A. Chernysheva, by its legal nature, the 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 its occurrence it is enough to express the will of the organizer of the competition. The submission by a person of a work completed in accordance with the terms of the competition is also a unilateral transaction, since the desire of the person 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. but practical use this concept is much broader. It is found in many laws passed for Lately, and affects various aspects of the life of the state and society. So, in pursuance of the Decree of the President of the Russian Federation of April 12, 1993 N 443 "On urgent measures state support undergraduate and graduate students educational institutions higher vocational education"and Regulations on scholarships of the President of the Russian Federation, approved by order of the President of the Russian Federation of September 6, 1993 N 613-rp (as amended by Decrees of the President of the Russian Federation of February 14, 2010 N 182, of June 22, 2010 N 773, of 8 March 2011 N 285), an open public competition was announced for obtaining scholarships from the President of the Russian Federation for studying abroad students and graduate students of Russian universities in the 2011/2012 academic year.

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

Collection of acts of the President and the 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 result in a particular field of activity. However, as practice shows, the organizers and participants of a public competition do not always clearly imagine legal side relations that 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 set time competition and give a conditional award to the one who, in accordance with the conditions of the competition, is recognized as its winner.

A public competition and a public announcement of an award combine the public promise of a reward for doing a lawful act.

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

The announcement of a public tender is understood as a notice made available to an indefinite circle of persons by the organizer of the tender about his acceptance of the obligation to pay property remuneration to the winner of the tender, i.e. to those who, in accordance with the terms of the competition, will be recognized the best way performing a certain job or achieving other best results.

2. A necessary sign of the results of the actions of the participants in the competition should 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 available to the information of an indefinite circle of persons. At the same time, in contrast to a competition, with a public promise, a reward can be promised for performing not only socially useful, but also any other lawful action, usually aimed at satisfying the interests of a private person (for example, finding a lost thing, obtaining the necessary information). In addition, the reward must be paid to anyone who performs the action specified in the announcement. If the required action is performed by several persons, then the right to the award is acquired by the one who performed this action first, and not the one who achieved the results and was recognized as the winner of the competition.

Both the public promise of a reward and the public competition as a variation of the public promise of a reward, as noted above, are traditionally considered one-way 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 an award as a unilateral deal is beyond doubt. For an obligation to pay an award to arise, there must be two legal facts: 1) public announcement of the promising person about the payment of the reward; 2) the commission by another person of the action that caused the payment of the reward. Of these actions, only the first should be directed to the offensive. legal consequences inherent in the promise of a reward, namely, the obligation to pay the reward. The actual orientation of the will of the person who committed the relevant 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 a reward // Legitimacy. 2000. N 8. S. 11.

The direction of the will of the person performing the required action to receive the 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 the reward, since such a right may arise for a person who “responded” to announcement (clause 2 of article 1056 of the Civil Code).

The unilateral nature of such a transaction as a public competition is not so obvious. In order for the organizer of a public competition to pay an award, there must be four legal facts: 1) the organizer's announcement of a public competition; 2) performance by the participants of the competition certain work or achieving other results; 3) presentation of the results of the competition task for participation in the competition; 4) recognition of the participant of the competition as the winner.

It is easy to see that the performance of the competition task and the submission of results for participation in the competition together form the action, the performance of which is conditional on the promise of an award in a public competition. The performance of the first part of this action - the performance of the competition task - may well not be associated with the announcement of the competition and may not be aimed at taking part in it. However, the second part of the action of the participant of the competition - the submission of the results of the work performed to the competition - is always aimed at entering into legal obligations with the organizer of the public competition and at achieving the legal consequences inherent in such a competition.

The foregoing gives grounds to some Russian civil scientists (including V.P. Mozolin, S.A. Chernysheva, A.M. Erdelevsky and some others) to consider a public competition not as a unilateral deal, but as a kind of contract, where the announcement of the competition turns out to be a kind 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 paragraph 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 conditions of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the corresponding amount, etc.) is considered by acceptance, unless otherwise provided by law, other legal acts or 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 and closed. The legal capacity of citizens participating in the competition is determined by the general norms of civil law. There are no age restrictions set. This means that not only adult citizens can participate in the competition, but also minors aged 14 to 18, because they have the right to exercise the rights of the author of a work of science, literature or art, invention or other protected the law of the result of their intellectual activity (). For minors under 14 years of age in accordance with 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 circle 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 by means of 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 conducts a preliminary selection of persons wishing to take part in it.

Thus, before the XIV International Competition named after P.I. Tchaikovsky, which took place from June 14 to July 2, 2011 in Moscow, all those who applied for participation in this competition were invited to go through a preliminary selection, which formed the final composition of the contestants in four categories (piano, violin, cello, solo singing) . It should be noted that a certain age limit was also established at this competition: instrumentalists - 16 - 30 years old, singers - 19 - 32 years old.

In a closed competition, participants make up a certain circle of persons at the choice of the organizer of the competition.

The possibility of holding a closed tender 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 a 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 supplemented, effective from 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, which regulates the issues of holding a closed tender, a closed auction, the possibility of concluding a state or municipal contract with a single 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 public, although in this case not necessarily through the media, but in any way, for example, through a wall newspaper, posting announcements, 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 the competition) or agreement on a public competition constitute essential and other conditions. Clause 4 of the commented article establishes fairly strict requirements for the content of the announcement of a public competition. It should include the conditions that determine the essence of the task (i.e. what kind of work should be done or what results should be achieved), the criteria and procedure for evaluating the results of work or other achievements (by the organizer of the competition, a specially formed jury, etc. .), place, timing and procedure for submitting the results to the competition, the amount and form of the award, as well as the procedure and timing for announcing the results of the competition. Establishing criteria for evaluating the results is necessary, in particular, in order to exclude the possibility of arbitrary determination of the winner of the competition. The absence of any of the necessary conditions in the announcement of the competition entails its invalidity.

Thus, the essential conditions of a public tender include the following: the subject of the transaction; place, term and procedure for providing work or other achievements; criterion and procedure for evaluating the results of work; the size and shape of the award; the procedure and terms for announcing the results of the competition.

As other conditions, the procedure and terms for paying remuneration, as well as the fate of works submitted to the competition that were not awarded an award, may be indicated.

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

The essence of the task is described as the requirements for the work and its result. The specification of the requirements for the result of the work is 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 by the contestants in each round of a certain kind of musical work.

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

Establishing a deadline for the submission of work is necessary so that all participants are in the same time conditions for the successful completion of the task specified in the announcement. The deadline must be real. Final and intermediate deadlines may be set for the submission of work. For a performing competition, the organizer usually approves calendar plan competition indicating the dates of registration, draw, each round (listening, viewing), awards ceremony and closing.

The terms of the competition may provide for the provision of work under the motto in order to keep the secret of the name of the participant for an objective determination of the winner.

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

For each competition, taking into account its specifics, criteria for evaluating the results of work are established. The score can be displayed by the sum of points scored for each criterion.

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

The result is communicated either orally to all participants, or through the media simultaneously with the notification of each winner, or in writing. Sometimes the announcement of the result in a solemn atmosphere is specially stipulated.

5. A separate group is the norms governing the conclusion of contracts at auction, one of the forms of which are tenders (Article 447 of the Civil Code). The purpose of these competitions is the alienation of certain property to the one who offered for it best conditions. As a result of such competitions, the organizers are obliged to conclude an agreement with the winner, which defines their obligations. The object of the same 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 the conduct of auctions only in cases where these relations are not regulated by the indicated norms and do not contradict them.

New edition Art. 1057 of the Civil Code of the Russian Federation

1. A person who has publicly announced the payment of a monetary reward or the issuance of another award (about the payment of an award) for the best performance of work or the achievement of other results (public competition) must pay (give out) a conditional award to the one who, in accordance with the conditions 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 may be open, when the offer of the organizer of the competition to take part in it is addressed to everyone by an announcement in the press or other mass media, or closed, when the offer to take part in the competition is sent to a certain circle of persons at the choice of the organizer of the competition.

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

4. The announcement of a public competition must contain at least conditions that provide for the essence of the task, the criteria and procedure for evaluating the results of work or other achievements, the place, term and procedure for their presentation, the amount and form of the award, as well as the procedure and terms for announcing the results of the competition.

5. To a public competition containing an obligation to conclude an agreement with the winner of the competition, the rules provided for by this Chapter shall apply insofar as Articles 447-449 of this Code do not provide otherwise.

Commentary on Art. 1057 of the Civil Code of the Russian Federation

The announcement of a public competition is also a one-sided deal. The subjects of the arisen obligation are the debtor (the person who publicly announced the payment of the award based on the results of the competition) and creditors (the persons participating in the competition and the person who won the competition). In contrast to the public promise of an award, the legal relationship under consideration is characterized by the fact that the creditor is not any one who has responded, but the winner among those who have responded is the one who completed the task of the organizers better than others.

By its legal nature, the competition is a one-sided 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 its occurrence it is enough to express the will of the organizer of the competition. The submission by a person of a work completed in accordance with the conditions of the competition is also a one-sided transaction, since the desire of the person to participate in the competition is expressed without prior agreement on issues related to the competition.

S.A. Chernysheva

Another commentary on Art. 1057 of the Civil Code of the Russian Federation

1. Public competition - a kind of public promise of an award. When it is announced, a person who has publicly announced the payment of a monetary reward or the issuance of another award (the payment of an award) for the best performance of work or the achievement of other results must pay (give) a conditional 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. Unlike a public promise of an award, 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 at the choice of the organizer of the competition (closed competition).

3. The announcement of the competition may take place in print or other media. This announcement, like the promise of a reward, is a one-sided deal or a public offer. In favor of the latter speaks paragraph 4 of Art. 1057 of the Civil Code, namely the fact that the announcement of a public competition must contain conditions that provide for the essence of the task, the criteria and procedure for evaluating 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 deadlines for fulfilling the results of the competition .

4. Since the competition is a competition that determines the best of 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 author's, performing skills, sports achievements, scientific works, etc.

5. Submission of works, achievements to the competition is an acceptance and the moment of conclusion of the contract (Article 433 of the Civil Code of the Russian Federation). This is a conditional transaction with a suspensive condition, since the obligation to pay the award occurs only for the winner.

The form of the contract can be any. Most often, the proof of his conclusion is the written presentation of the results of work or other achievements.

The essential condition of such an agreement is its subject: the above-mentioned works or achievements, the criteria and procedure for their evaluation, the amount and form of the award, the procedure and terms for announcing the results of the competition.

The reward can be paid not only in cash. As an award, commemorative signs are given - golden badges, sculptures (theatrical festivals "Golden Mask", "Nika"), etc.

1. A person who has publicly announced the payment of a monetary reward or the issuance of another award (about the payment of an award) for the best performance of work or the achievement of other results (public competition) must pay (give out) a conditional award to the one who, in accordance with the conditions 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 may be open, when the offer of the organizer of the competition to take part in it is addressed to everyone by an announcement in the press or other mass media, or closed, when the offer to take part in the competition is sent to a certain circle of persons 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 conducts a preliminary selection of persons who wish to take part in it.

4. The announcement of a public competition must contain at least conditions that provide for the essence of the task, the criteria and procedure for evaluating the results of work or other achievements, the place, term and procedure for their presentation, the amount and form of the award, as well as the procedure and terms for announcing the results of the competition.

5. To a public competition containing an obligation to conclude an agreement with the winner of the competition, the rules provided for by this Chapter shall apply insofar as Articles 447-449 of this Code do not provide otherwise.

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

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

As the name implies, this contract is public. Distinctive feature contract is an indication in a public promise of a reward that it will be paid to the person who will cope with a certain task best of all.

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

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

2. A public competition may be open or closed. In the first case, the announcement of the competition is placed in the media and everyone can take part in it. True, a preliminary selection of participants may be provided here to identify persons who are most suitable in terms of 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. So, the announcement should contain the conditions of the competition, from which the essence of the task is viewed. The ad must also include:

Criteria and procedure for evaluating the results of work or other achievements;

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

The size and shape of the award;

The order and terms of the announcement of the results of the competition.

4. For a public competition, which contains the obligation of the organizer 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 commentary 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, competitions of performers, scientific, sports competitions, competitions for the right to conclude an agreement, as well as competitions in other areas human activity, where it is possible for the organizer of the competition to choose 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 highlighting the best of its participants (Dictionary of Foreign Words. M., 1980. P. 251). A public competition in the civil law 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. The promise to pay an award to the one who fulfills the conditions of the competition better than others, achieves the best result, should be addressed to an unlimited circle of people. A competition, in contrast to a public promise of an award, is held when it is possible to compare the results qualitatively and determine the winner who is entitled to claim the promised award.

The announcement of a public competition is a one-sided transaction and does not in itself give rise to an obligation to pay a fee. The obligation arising from the announcement of a public tender arises in the presence of a complex legal structure, including a number of unilateral transactions: firstly, the announcement of a public tender; secondly, the submission 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 remuneration.

2. The subjects of the competitive obligation are primarily the organizers of the competition - persons who have publicly announced the payment of a monetary reward or the issuance of another award. It can be any natural and (or) legal entities, as well as public legal entities. At the same time, 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 only announce a public competition within the limits of their legal capacity. A public competition may be announced by several persons jointly.

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

Both written and oral form of announcement of a public competition is possible; as a rule, such an announcement is carried out in the media.

3. Point 2 comments. Art. establishes an obligatory rule, according to which a public competition must be aimed at achieving some public benefit. The 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, they cannot be attributed to a public competition and therefore are not regulated by civil law norms of announcements of the payment of remuneration for the development of a universal master key; "best" rules for fighting between dogs or other animals; "cockroach races"; beer competitions, etc.

If the competition does not correspond to socially useful purposes, it may be declared invalid.

4. A public competition may be open or closed. In case of an open competition, the proposal of the organizer of the competition to take part in it is addressed to everyone by placing an announcement in the press or in other mass media. Since, as a rule, participants who meet certain requirements are invited to participate in the competition, their circle is not absolutely 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 the preliminary qualification of its participants. The requirements for the preliminary selection of persons wishing 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 is entitled to familiarize with. For example, additional requirements for profession, age, place of residence, etc. may be imposed on participants in the competition. 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 next round. The winner(s) will be determined in the final round.

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

5. The announcement of the competition can be made in any form, however, it must contain the conditions specified in the comments. Art. The conditions contained in the announcement 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 of a derivative nature and are included by the organizer of the competition at its discretion. Such conditions include, for example, a condition on the preliminary selection of sites for a public competition; a condition providing for the release of the organizer of the competition from the obligation to return the works that were not awarded to the participants of the competition, etc.

TO mandatory conditions competition law relates information about the substance of the assignment; criteria and procedure for evaluating the results of work or other achievements; place, terms and order of their submission; the amount and forms of the award, as well as the procedure and timing for announcing the results of the competition.

The essence of the task is understood as the requirements for the result of the work, another achievement of the competition. The degree of their detail may be different 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 evaluating the results of work, other achievements also depend on the nature of the competition. The organizer either independently evaluates the works submitted for the competition, or may involve third parties for this - the competition commission, the jury.

In a comment ch. there are no norms regulating the procedure for the work of the commission, therefore its activities should be regulated in sufficient detail by the organizer of the competition in a special document.

The place, term and procedure for the submission of works are determined by the organizer in the announcement of the competition. He can establish intermediate and final deadlines for the performance 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 (picture, project, manuscript), or by execution with the direct perception of this performance by the organizer ( music competitions, song and dance competitions, etc.).

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

Non-compliance by the participants of the competition with the conditions on the place, terms 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 shape of the award. In the announcement, the organizer must specifically define the award, its size, the number of prizes awarded. The remuneration must necessarily be of a property nature, it can be expressed both in monetary, material, and in another form, but it must be property. Moral encouragement (awarding titles, awarding diplomas, certificates) may accompany the awarding of prizes, but they cannot be independent. If participants are awarded only diplomas without paying a property award, then such relations are not subject to regulation by the norms of Ch. 57 of the Civil Code and are not civil law.

Mandatory conditions that must also be contained in the competitive 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, about 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 otherwise.

As a rule, the organizer creates a competition commission (jury) to review and evaluate the submitted works, however, he can do this on his own or entrust it to any third organization. The Civil Code does not contain rules on 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, on the inadmissibility of participation in the competition commission of interested persons or the participants of the competition themselves.

6. In the comments. Art. a rule has been established according to which the rules on public competition (Chapter 57 of the Civil Code) apply to a public competition containing an obligation to conclude an agreement with the winner of the competition insofar as the rules on auctions 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 tenders in the form of a tender over the rules on a public tender is established, therefore, in case of their discrepancy, the rules on tenders in the form of a tender should be applied.

It should be borne in mind that the legal regulation of tenders for the conclusion certain types contracts in relation to certain property in order to achieve certain goals is carried out by special laws and regulations adopted in their development. Thus, in particular, the procedure for holding tenders for the right to conclude trust management agreements, lease agreements, agreements for the gratuitous use of state or municipal property and a list of cases these contracts by holding tenders in the form of a tender must be established by the Government of the Russian Federation. However, since the Government of the Russian Federation has not adopted the relevant normative act, tenders for the right to conclude such contracts are held in the manner prescribed by the Law on Concession Agreements. Tenders for the sale of state or municipal property are held in accordance with the requirements of the Law on privatization and the Regulations on holding a tender 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 placing orders.