Article 1057. Civil law of Russia. A prerequisite for a public competition is

Organization of a public competition

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 beneficial 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.

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.

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 this Code does not provide otherwise.

Article . Changing the conditions and canceling the public competition

1. 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 deadline established for the submission of works.

2. Notification of changes in conditions or cancellation of the competition must be made in the same way as the competition was announced.

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

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.

4. If, when changing the conditions of the competition or when canceling it, the requirements specified in paragraphs 1 or 2 of this article were violated, the person who announced the competition must pay a reward to those who completed work that satisfies the conditions specified in the announcement.

Article . Decision on payment of reward

1. 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.

2. 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.

Article . Use of award-winning works of science, literature and art

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.

Article . Return of submitted works to participants of the public competition

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.

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.

Holding a competition involves competition, rivalry between participants, selection and encouragement of the best of them. This stimulates the achievement of high results in various fields of activity. Chapter 57 of the Civil Code is devoted to a special type of civil obligations arising in connection with the announcement of a public competition. It is not covered by competitive selections that are outside the scope of civil law regulation, in particular the competition for replacement vacant positions, with the winner of which is concluded employment contract(contract), competition for admission of citizens to educational institutions, competition for State Prizes.

The announcement of a public competition is a unilateral transaction (clause 2 of Article 154 of the Civil Code). At the same time, the obligation from a public competition arises if its announcement is followed by certain legal facts, incl. actions of persons wishing to participate in the competition. Moreover, at the time of the announcement of the competition, it is unknown whether there will be a combination necessary facts. The conditional nature is inherent in any public competition, expresses the very essence of the transaction, and does not depend on the will of the person announcing the competition. Without this condition, the competition cannot be announced. This feature of a public competition does not allow it to be classified as a transaction made under a reversible condition, which is referred to in paragraph 1 of Article 157 of the Civil Code.

In contrast to the public promise of a reward provided for in Chapter 56 of the Civil Code for performing a certain lawful action, when holding a public competition, the payment of a reward is made for the best performance of work or achievement of other results in accordance with the terms of the competition. Participation in a public competition by only one person, excluding the possibility of selecting a winner, means that the competition did not take place. The competition is also invalid if several works are presented by a single participant.

A public competition must be aimed at achieving some socially useful goals. A public promise of a reward may pursue purely private, non-illegal goals. A socially useful goal is an essential feature of a public competition. In its absence, the public competition does not comply with the requirements of the law formulated in paragraph 2 of Article 1057, which entails the invalidity of the transaction (Article 168 of the Civil Code).

According to paragraph 1 comment. Any subject of civil law, both a legal entity and a citizen, has the right to announce a public competition. If this non-profit organization, for example, a fund or public association, then the rule on the special legal capacity of such an organization must be observed: the rights and obligations arising from the competition must correspond to the goals of the activity provided for in its constituent documents(Part 2, Clause 1, Article 49 of the Civil Code).

Many public competitions are held on the basis of decisions of executive authorities and are financed in whole or in part from budget funds. The organization and holding of competitions in relevant areas is within the competence of the Ministry of Culture of the Russian Federation (subclause 5 of clause 7 of the Regulations on the Ministry of Culture Russian Federation, approved Decree of the Government of the Russian Federation of June 6, 1997 N 679-SZ RF, 1997, N 24, Art. 2762), Ministry of General and vocational education RF (subclause 26, clause 5 of the Regulations on the Ministry of General and Professional Education of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 5, 1997 N 395 - SZ RF, 1997, N 15, Art. 1796). In some cases government agency approves the Regulations on the competition, according to which the competition is held once or regularly (see, for example, Regulations on All-Russian competition for the title "The most comfortable city in Russia", approved. by Decree of the Government of the Russian Federation of July 21, 1997 N 922 - SZ RF, 1997, N 30, Art. 3660; Temporary regulations on the organization of grant competitions in the system of the State Committee of the Russian Federation for Higher Education, approved. by order of the State Committee of the Russian Federation for Higher Education dated April 30, 1993 No. 5 - Bulletin of the State Committee for Higher Education of the Russian Federation, 1993, No. 7, p. 7).

There are open and closed public competitions based on the range of participants.

Everyone is invited to participate in the open public competition by means of an announcement mass media. Under the media in Article 2 of the Law of the Russian Federation of December 27, 1991 “On the Mass Media” (Vedomosti RF, 1992, No. 7, Art. 300) we mean a periodical printed publication that has a permanent name, current number and is published at least once a year, radio, television, video program, film newsreel program that has a permanent title and is published (broadcast) at least once a year, another form of periodic dissemination of mass information. If the procedure for announcing an open public tender is violated, then it is considered that the transaction has not been completed.

The circle of persons to whom an invitation to participate in an open competition is addressed is almost never completely uncertain. The very nature of the competition task (in competitions for circus artists, opera singers, theaters, etc.), the territorial level of the competition (All-Russian, regional, city, etc.) set the framework for participation in it. But at the same time, the invitation is not personal; it is addressed to one or another category of persons.

The range of participants in an open competition may be limited by the preliminary qualification of persons wishing to take part in the competition. In this case, its participants are persons pre-selected (allowed to participate) by the organizer of the competition or persons acting on its behalf. Requirements for pre-selection may be specified in the announcement of an open public competition. Advertisements often indicate that these requirements are contained in special documentation, which everyone who intends to participate in the competition has the right to familiarize themselves with.

One of the conditions of a public competition is the holding of several rounds (stages). Participants in the subsequent round can only be persons selected based on the results of the previous one, and the winner of the competition is determined only in the final round.

Explanation of the Plenum of the Supreme Arbitration Court of the Russian Federation (clause 13 of Resolution No. 32 of December 2, 1993 “On some issues in the practice of resolving disputes related to the application of legislation on the privatization of state and municipal enterprises” - Bulletin of the Supreme Arbitration Court of the Russian Federation, 1994, No. 2, p. 54) the fact that an illegal refusal to participate in a competition may serve as a basis for declaring the results of the competition invalid upon the claim of a person who was denied participation in the competition applies to auctions, but is also important for a public competition. The basis for canceling the results of an open public competition in court may also be failure to comply with the conditions of its conduct during the preliminary selection, announced by the organizer of the competition, if the violations committed could affect the determination of the winner.

A public competition is considered closed when an offer to take part in it is sent to a certain circle of people ( personal offers) at the discretion of the person announcing the competition. The criteria that guide the person announcing the competition may be completely arbitrary and not disclosed. The method of announcing a closed public competition is chosen by its organizer.

Clause 4 of Article 1057 establishes the mandatory content of the announcement of a public competition. The organizer of the competition has the right to include other (optional) conditions in the announcement of its holding.

One of the necessary conditions is the procedure for assessing work results or other achievements. Who will determine the winner of the competition - the competition commission (jury), the organizer himself, the person authorized by him - is an important component of this procedure. As a rule, the winner is determined by the competition commission, the composition of which is usually announced in advance. The Civil Code does not establish a ban on competition participants joining the commission; however, it is observed, which is dictated by ethical standards.

Mandatory conditions of the competition are also the form and size of the award to be paid to the winner. If the reward is provided in the form of monetary compensation, often called a premium, then its currency must comply with Article 317 of the Civil Code. It is possible that the remuneration will be determined in an amount that is a multiple of minimum size wages established at the time of announcing a public competition, or making a decision on payment of an award, or at another time specified in the announcement of the competition.

A reward in a different (non-monetary) form must relate to the turnover of capable objects of civil rights (Articles 128, 129 of the Civil Code). Titles (“laureate”, “best specialist”, etc.), diploma, certificate, pennant, etc. cannot be considered as such. Chest sign and so on. If the competition announcement provides only such confirmation of victory, then a civil liability does not arise.

The terms of the competition may provide for the payment of awards of different sizes and forms to several winners, as well as the splitting of one award between them.

The absence in the advertisement of any of the necessary conditions listed in paragraph 4 of the comment. article means that the competition has not been announced, i.e. the deal has not been completed. The person from whom the announcement comes, as well as the participants in such a competition, do not bear obligations and do not have rights based on the transaction.

Clause 5 of Article 1057 resolves the issue of the relationship between the rules of Chapter 57 and Articles 447-449 of the Civil Code, governing the conclusion of an agreement at auctions held in the form of a competition. Notice of bidding on a competitive basis, like the announcement of a public competition, is a unilateral transaction, the emergence of rights and obligations, which depends on the occurrence of the condition - participation in the bidding in the form of a competition of at least two persons and the selection of the best of them (who offered Better conditions) in accordance with the pre-announced conditions of the auction organizer (Article 447 of the Civil Code). However, the obligation of the auction organizer, which he must fulfill in favor of the person who won the auction, differs from the obligation of the person who announced the public competition provided for in paragraph 1 of Article 1057 of the Civil Code.

The auction organizer, acting on his own behalf or on behalf of the owner of the thing (owner property law), is obliged to sign with the person who won the auction a protocol on the results of the auction, which has the force of a contract, or draw up with him a protocol on the conclusion of the main contract in the future - within the prescribed period after signing the protocol. In the second case, in paragraphs 2, 5 of Article 448 of the Civil Code, the right of the person who won the auction to conclude an agreement is called the subject of the auction. What kind of obligation the organizer of the auction has bound himself to and what specific agreement must be concluded with the winning bidder is established in the notice of auction.

The person who announced a public competition is obliged to pay the winner of the competition a monetary reward or give him another reward.

The obligation to conclude an agreement with the winner of a public competition arises only if it is provided as a condition in the announcement of the competition, while bidding, being one of the ways to conclude agreements, without a corresponding obligation loses its meaning, they are pointless.

When comparing a public competition and bidding in the form of a competition, a difference in their target orientation is also seen. The conclusion of a civil contract, as a rule, meets the public interests or, at least, should not contradict them (Article 10 of the Civil Code). At the same time, when concluding an agreement at an auction, the competitive form directly serves to select the most suitable counterparty, i.e. is aimed at satisfying the interests of the owner of the thing or the holder of property rights and not necessarily at achieving socially useful goals. A public competition should be directly aimed at achieving these goals, which was emphasized above (clause 2 of the commentary article).

The rules governing tenders in the form of a competition and public competition are largely different. Thus, the organizer of trading in the form of a competition can be a limited number of persons; the person who wins the auction is determined only by the competition commission; The winner of the auction in the form of a competition is the person who offered the best conditions (Article 447 of the Civil Code). Article 448, in a different way than Article 1058 of the Civil Code, defines the permissible period for refusal to carry out open bidding, the organizer’s obligation is established to compensate participants in open tenders for actual damages in case of refusal to conduct tenders in violation of the specified period, and for participants in closed tenders - regardless of the period of refusal. On questions about the deadline for notifying the auction, about the possibility and period of refusal of the organizer of the auction in the form of an open competition from holding it in paragraphs 2, 3 of Article 448, action is allowed. other rules that may be provided by law. Regarding the admissibility and period of refusal to hold a tender, the organizer of an open tender has the right to provide in the notice of tendering other provisions that differ from those contained in the Civil Code or other law.

In addition, Articles 448 and 449 of the Civil Code resolve issues that are not regulated at all in Chapter 57: Article 448 provides for the notice period for bidding, the mandatory indication of the term for concluding the contract in the bidding notice, the obligation of bidders to make a deposit, signature by the winner and by the organizer of the auction a protocol on their results, and in Article 449 - the invalidity of the contract as a consequence of the invalidation of the auction.

A conflict between the norms of Article 447-449 and the rules of Chapter 57 occurs when the person who announced a public competition is obliged to conclude an agreement with the winner of the competition. In case of a conflict, the rules of Articles 447-449 take precedence.

It seems, however, that the rule of paragraph 4 of Article 448 on the offset of the deposit made by the participant who won the auction towards the fulfillment of the obligation under the concluded agreement is applicable if the obligation provides for payment, for example, under a purchase and sale agreement (Clause 1 of Art. 454 of the Civil Code), rent (Article 606 of the Civil Code), but not applicable in other cases.

On the other hand, the provision of paragraph 5 of Article 447 on the recognition of invalid tenders in the form of a competition in which one person participated is applicable to any competition, regardless of its subject.

The holding of tenders in the form of a competition is provided for by a number of regulatory legal acts: The Law on Privatization. Bankruptcy Law, Regulations on the organization of procurement of goods, works and services for state needs, approved. Decree of the President of the Russian Federation of April 8, 1997 N 305 (SZ RF, 1997, N 15, Art. 1756), etc. Their list is given in the commentary to Article 447 of the Civil Code (Commentary to the Civil Code of the Russian Federation, part one (clause-by-clause) M., 1997, pp. 718-724).

• Section I Introduction to Civil Law
• Concept of civil law
  • Concept, subject and methods of civil law
  • Principles of civil law
  • Sources of civil law. Effect of normative legal acts in time, space and circle of persons
  • Civil law system
  • Civil law as a science and academic discipline
• Section II civil legal relations
• Concept, content and types of civil legal relations
  • Concept and signs of civil legal relations
  • Contents of civil legal relations
  • Types of civil legal relations
• Subjects of civil legal relations
  • Citizens (individuals) as subjects of civil legal relations
    • Civil legal capacity and legal personality
    • Civil capacity. Subjective right and legal obligation
    • Guardianship and guardianship. Patronage
    • Citizen's name and place of residence
    • Recognition of a citizen as missing. Declaring a citizen dead
    • Civil status acts
  • Legal entities as subjects of civil legal relations
    • Formation, reorganization and termination of activities of a legal entity
    • Bankruptcy (insolvency) of a legal entity
    • Types of legal entities
    • Russian Federation, constituent entities of the Russian Federation, municipalities as subjects of civil law
• Objects of civil rights
  • The concept of the object of civil rights. Classification of things
  • Money and securities
    • Results of creative activity. Information. Results of work and services. Intangible benefits
• Grounds for the emergence, change and termination of civil legal relations
  • Concept of legal facts
  • Types and classification of legal facts
  • Concept, types and form of transactions
  • Conditions for the validity of transactions. Concept and types of invalid transactions
• Exercise and protection of civil rights
  • Exercise of civil rights and fulfillment of duties
  • Civil rights protection
• Representation
  • Concept and types of representation
  • Power of attorney. Types of powers of attorney
• Deadlines in civil law. Limitation of actions
  • Concept and types of deadlines
  • Expiration of limitation periods
• Section III Ownership and other real rights
• Property law and property rights
  • The concept of property rights
  • General provisions about property rights. Forms of ownership and forms of ownership
  • Contents of property rights
  • Acquisition and termination of ownership
  • Features of the content of property rights of various subjects of civil rights
    • Ownership of legal entities
    • State and municipal property
  • Common property right
  • Property rights of persons who are not owners. Business law and law operational management. Easements
  • Protection of property rights and other proprietary rights
  • Ownership and other real rights to land
  • Ownership and other proprietary rights to residential premises
• Section IV Intellectual Property Rights
• The right to the results of intellectual activity and means of individualization
  • General provisions on intellectual rights and intellectual property
    • Exclusive rights to the results of intellectual activity
    • Civil legal methods of protecting intellectual rights
    • Copyright
    • The concept and content of rights related to copyright (related rights)
    • Patent Law
    • Right to selection achievement
    • Right to integrated circuit topologies
    • The right to a production secret (know-how)
    • The right to means of individualization of legal entities, goods, works, services and enterprises
    • The right to use the results of intellectual activity as part of a unified technology
• Section V Law of Obligations. General provisions
• Concept and types of obligations. Execution of obligations
  • Concept and grounds for the emergence of obligations
  • Parties to the obligation
  • Types of obligations
  • Concept and principles of fulfillment of obligations
  • Proper fulfillment of obligations
• Ensuring the fulfillment of obligations
  • The concept and system of ways to ensure the fulfillment of obligations
  • Penalty
  • Pledge
  • Hold
  • Surety
  • Bank guarantee
  • Deposit
• Change of persons in an obligation
  • Transfer of creditor's rights to another person
  • Debt transfer
• Liability for breach of obligations
  • Concept, forms and types of civil liability
  • Conditions of civil liability for violation of obligations
  • Grounds for exemption from civil liability
  • Amount of civil liability
• Termination of obligations
  • Concept and grounds for termination of obligations
  • Methods for terminating obligations
• General provisions of the contract
  • The concept and meaning of the contract
  • Contents and form of the agreement
  • Classification of contracts
  • Conclusion of an agreement
  • Change and termination of the contract
• Certain types of obligations
• Purchase and sale. Mena
  • General provisions on the purchase and sale agreement
  • Rights and obligations of the parties
  • Execution of the purchase and sale agreement and liability of the parties for its non-fulfillment
  • Retail purchase and sale
  • Goods supply
  • Supply of goods for state and municipal needs
  • Contracting
  • Energy supply
  • Property For Sale
  • Sale of the enterprise
  • Mena
• Donation
• Annuity and life support with dependents
  • General provisions on annuity
  • Types of annuity
• Transfer of property for temporary use
  • General rental provisions
  • Certain types of rentals and rentals individual species property
  • Renting residential premises
  • Free use
• Contract
  • General provisions on contracts
  • Types of contract
• Carrying out research, development and technological work
• Paid provision of services
• Transportation and transport expedition
  • Concept and types transport transportation
  • Forms of organization and types of contract for the carriage of goods
• Loan and credit
  • The concept of credit and settlement legal relations
  • Loan
  • Credit. Commodity and commercial loans
  • Financing agreement for assignment of monetary claim
• Bank deposit and bank account agreements
  • Bank deposit agreement
  • Bank account agreement
• Settlement obligations
  • General provisions on calculations
  • Settlements by payment orders
  • Settlements under a letter of credit
  • Payments for collection
  • Payments by checks. Bill of exchange
  • Storage at commodity warehouse
  • Special types of storage
• Insurance
  • General provisions on insurance
  • Insurance contract
  • Types and forms of insurance
• Assignment. Acting in someone else's interest
  • Order
  • Acting in someone else's interest without instructions
• Commission. Agency
  • Commission agreement
  • Agency contract
• Trust management property
• Commercial concession
• Simple partnership
• Public promise of reward. Public competition. Games and betting
  • Public promise of reward
  • Public competition
  • Games and betting
• Liabilities arising from causing harm
  • General provisions on compensation for harm. Certain types of liability
  • Compensation for harm caused to the life and health of a citizen, or due to defects in goods, works or services. Compensation moral damage
• Liabilities due to unjust enrichment
• Section VII Inheritance Law
• Inheritance law
  • General provisions on inheritance
  • Inheritance by will
  • Inheritance by law
  • Acquiring an inheritance
  • Inheritance of certain types of property
• Section VIII Private International Law
• International private law
  • Concept, sources and norms of private international law
  • Legal status individuals in private international law
  • Legal status of legal entities in private international law
  • General principles of application of law
  • Ownership
  • Foreign economic transactions
  • Consideration of disputes in arbitration

Public competition

“Competition” is competition, competition. Therefore, they resort to it when it is necessary to obtain the best possible result. These are, in particular, the relations regarding the competitive selection of teaching staff. Others have the goal of identifying a specific person with whom the corresponding civil law contract should have been concluded. This is the procedure for concluding an agreement at an auction during the privatization of property. However, as a type of public promise of a reward and due to the specific basis for the emergence of a special obligatory legal relationship, the competition is regulated by Art. 1057-1061 Civil Code of the Russian Federation. Such a competition covers relationships that are associated with the formulation of a problem that is resolved on the basis of competition for an indefinite number of people with the payment of compensation to the winner. In this case, the competition is characterized by the following features.

Firstly, the promise of reward for better performance of certain work or achievement of other results must be public, i.e. 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. In an open competition, the offer 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 range of participants in the competition may be wider, but it is always characterized by quantitative uncertainty and unknown to the competition organizer of the specific composition of its participants. Even when a competition is held among persons of a certain qualification or when the organizer of the competition pre-selects persons who wish to take part in it, the competition, due to the public nature of its announcement, does not cease to be open. A closed competition 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 goals. You can, for example, announce a competition for the best landscaping of courtyards or landscaping local area, but you cannot announce a competition for the best pet keeping.

Thirdly, the promised reward should not be the usual one provided for by law for the performance of this or that work, but a specially established bonus that is paid to the winner for the result achieved. The award must be in cash or in kind (for example, a voucher, a car). Other incentives for the winner (for example, issuing certificates, diplomas, medals, etc.), if it is not combined with the payment of a bonus, are not recognized as competitive.

Fourthly, a reward must be promised for the best performance of certain work or achievement of other results, which implies the possibility of comparing and choosing one of many results that are comparable in quality and achieved by different persons. Because of this, the competition must be declared invalid if only one work (one result) or, although several, are presented by one person. At the same time, the nature and content of the work, for the best performance of which a special reward (bonus) is publicly promised, are determined by the terms of the competition.

The law established that an announcement of a competition, which expresses a public promise of a prize for the best performance of a certain job, can be made by publishing in a newspaper, issuing an advertisement, posting a corresponding announcement at a factory, notice on radio, television, etc.

According to Art. 1057 of the Civil Code of the Russian Federation, information (conditions) that a competitive advertisement must contain are determined by law and are divided into mandatory, i.e. those that must be indicated when announcing any competition, and optional, i.e. 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:

• information about the essence of the task (the subject of the competition or the “specificity of the work”). The detailing of this information can be expressed in indicating the form of its placement, in detailing to specific indicators and characteristics, etc.;
• the deadline for completing the task, which also determines the deadline for submitting the work to the competition. It must have a duration that actually ensures the completion of the competition task. In this case, final and intermediate deadlines are established (for example, an intermediate deadline for previewing or auditioning performers or a deadline for submitting prospectuses for completing a competitive task, etc.);
• The procedure for presenting works or other achievements concerns, first of all, the form of presentation, as well as a number of other conditions that must be met. At the same time, the form of submission of work to the competition is determined by the very nature of the work and is expressed, for example, in the transfer by the participant of the competition to its organizer of a certain result of his work in the form of a manuscript, painting, model, project, sample, etc.;
• the place of presentation of the work must be 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;
• criterion, procedure and deadline comparative assessment work are established depending on the characteristics of the work itself. Sometimes, for example, pre-selection and evaluation of work prospectuses and applications are carried out. The competition can be held in several stages (rounds), at the end of each of which the most worthy works are assessed and selected for participation in the next stage, etc.;
• the amount of remuneration (bonus) is usually set in the form of a certain amount of money, but can also be expressed in some other property value. Usually, several bonuses of a certain size are established in accordance with the prize place occupied by a particular work;
• procedure and deadline for announcing the results of the competition. The determination of the results of the competition is embodied in the evaluation decision competition works. Here it is important to point out that the competition participants can be notified of the decision made 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.);
• optional conditions of the competition are determined by the organizer. They usually 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.

The law establishes that in the process of holding a competition it may be necessary to make changes to its previously announced conditions or even the need to cancel it. However, a change in the conditions of the competition, and even more so its cancellation, may affect and significantly prejudice the interests of persons who wished to take part in it, who by that time could have already begun to perform work determined by the terms of the competition and incur certain costs in connection with this.

Therefore, these changes in the conditions of the competition or its cancellation must be brought to the attention of possible applicants, i.e. those persons for whom the competition announcement was intended. Fulfillment of this requirement releases the competition organizer from the obligation to accept for the competition a work performed under the originally specified conditions, even if the author of this work is good reason and did not know about the changes made to the conditions of the competition or about its cancellation. But by virtue of clause 3 of Art. 1058 of the Civil Code of the Russian Federation, in this case, the organizer 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 (clause 3 of Article 1058 of the Civil Code of the Russian Federation).

Violation of the requirements for the procedure for changing the conditions of the competition or its cancellation entails in accordance with paragraph 4 of Art. 1058 of the Civil Code of the Russian Federation, the responsibility of the organizer in the form of payment of rewards to those participants in the competition who completed work that satisfies the announced conditions. The qualification of this measure of civil liability depends on whether, at the time of the illegal change of conditions or cancellation of the competition, a competitive legal relationship arose between the relevant participant and the organizer of the competition. If a bankruptcy legal relationship has arisen, then the sanction provided for in paragraph 4 of Art. 1058 of the Civil Code of the Russian Federation, can be considered as a normatively established rate of compensation for losses caused to a participant in the competition as a result of the illegal actions of the organizer. This is understandable: losses within the meaning of Art. 15 of the Civil Code of the Russian Federation can be caused to a certain person only as a result of a violation of his subjective right.

If, at the time of the illegal change in the conditions of the competition or its cancellation, a corresponding legal relationship has not yet arisen between the organizer of the competition and the corresponding participant, then the legal nature of the specified sanction will be different. It should be seen in the fact that failure to comply with the requirements established by law entails undesirable legal consequences for the competition organizer. The mere fact of illegally changing the conditions of the competition or its cancellation does not give the competition participant the right to demand payment of the award. Therefore, having received notice of an illegal change in the conditions of the competition or its cancellation, the corresponding participant may suspend the work and contact the competition organizer with a demand for reimbursement of expenses incurred in connection with its implementation. If a competition participant wishes to receive an award, then he will be able to make a corresponding demand only after completing the competition task.

The right to receive an award (premium) 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 the work of several 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).

To review (evaluate) the works submitted to the competition and determine its results, the organizer usually creates a special body - a competition commission or jury, which includes highly qualified specialists in this field of knowledge. But the formation of such a commission is not necessary. The evaluation of competition works can be carried out by the organizer himself or entrusted to other organizations. If a competition commission (jury) is created, its members must be disinterested in the outcome of the competition.

When determining the results of the competition, the competition commission (jury) can make one of the following decisions: on the payment of bonuses in accordance with their number for each prize; about the refusal to award prizes for individual prizes or the award for each place of a smaller number of prizes than established; on the awarding of incentive prizes and refusal to award prizes for prize-winning places; about the non-awarding of prizes in general. The law does not require that the decision on the results of the competition be motivated by the organizer of the competition or the competition commission (jury) formed by it. In this case, the decision made by the competition commission must be approved by the organizer of the competition.

The procedure and timing for making a decision on the results of the competition and reporting it to its participants must be established in the competition announcement (clause 1 of Article 1059 of the Civil Code of the Russian Federation). However, if the number of prizes coincides with the number of works that took a given prize place, or if the number of prizes established for a particular place exceeds the number of works that took them, each of the winners of the competition receives a bonus in the established amount. If the number of prizes is less than the number of works that won it, the prizes should be divided in proportion to the number of works that are recognized as worthy of the prize. If prizes are established without indicating their number for each prize place, all participants in the competition whose works took the corresponding place have the right to receive the prize in full.

If the organizer of the competition refuses to pay the prize (in whole or in part), as well as in case of violation of the terms of payment of the remuneration due to the winners of the competition, it may be recovered in court.

If the subject of the competition was the creation of a work of science, literature or art, the organizer of the competition acquires the pre-emptive right to conclude an agreement on the use of the work with the author of the work awarded the conditional award (Article 1060 of the Civil Code of the Russian Federation). The author of the work must be paid an appropriate remuneration for this without deducting those amounts due to the author as the winner of the competition, unless otherwise specifically stated in the competition announcement. However, in any option, the author is guaranteed payment of remuneration not lower than the minimum rates established by clause 3 of Art. 31 of the Federal Law “On Copyright and Related Rights”.

The competition organizer is obliged to return competition entries that are not awarded an award to the competition participants immediately after the announcement of the results. The conditions of the competition may, however, stipulate that works submitted to the competition are not subject to return or are returned only at the request of the competition participants.

A competition for the right to conclude an agreement is one of the forms of bidding conducted on the basis of Art. 447-449 Civil Code of the Russian Federation.

The specific features of this type of competition are important here. The basis for this approach is clause 5 of Art. 1057 of the Civil Code of the Russian Federation, which establishes that for a public competition containing an obligation to conclude an agreement with the winner of the competition, the rules of Ch. 57 of the Civil Code of the Russian Federation are applied insofar as Art. 447-449 of the Civil Code of the Russian Federation does not provide otherwise.

The announcement of a public competition for the right to conclude an agreement is subject to special rules. Firstly, by virtue of paragraph 2 of Art. 448 of the Civil Code of the Russian Federation, it must be done by the organizer of the competition at least 30 days before the date of its holding. Secondly, the said advertisement must contain, in addition to the information listed in paragraph 4 of Art. 1057 of the Civil Code of the Russian Federation, information about the period provided for concluding an agreement between the organizer and the winner of the competition (clause 2 of Article 448 of the Civil Code of the Russian Federation), if the competition announcement does not contain information about the specified period, then the competition is not considered unannounced, but a 20-day period is applied the period provided for in Part 2, Clause 5, Art. 448 Civil Code of the Russian Federation.

Sometimes a competition for the right to conclude an agreement cannot be announced without the organizer indicating information about previously concluded agreements of the relevant type. In particular, this situation is typical for a lease agreement. The relationship of the parties under the lease agreement is of a continuing nature. The lessor has the right, before the expiration of the previously concluded agreement, to announce a competition for the right to conclude a new lease agreement. The contract with the winning bidder cannot, however, come into force before the expiration of the original contract. Potential bidders must be notified of this in advance. Otherwise, the announced competition will be invalid. In addition, it must be taken into account that the tenant, who has properly fulfilled his duties, upon expiration of the lease agreement, has a preferential right to conclude a lease agreement for a new term. At the time of the announcement of a competition for the right to conclude a new lease agreement, the landlord-organizer may not know whether the tenant will exercise his right to renew the agreement. However, he must warn potential bidders that the original tenant has the right to do so. If the latter is unreasonably refused to conclude a new lease agreement, he has the right to go to court and demand the transfer to himself of the rights and obligations under the agreement concluded with the winner of the competition.

The peculiarities of the competition for the right to conclude an agreement must be taken into account when changing the conditions and canceling the competition. If, according to paragraph 1 of Art. 1058 of the Civil Code of the Russian Federation, 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, then other rules apply in relation to the competition for the right to conclude an agreement. So. according to paragraph 3 of Art. 448 of the Civil Code of the Russian Federation, the organizer of an open competition who has given notice has the right to cancel the competition no later than 30 days before it is held. Violation of this obligation by the competition organizer entails his liability to the participants in the form of compensation for actual damage suffered by them. In this case, the obligation to compensate for real damage incurred by the participants of the competition rests with the organizer even in the event of cancellation of a closed competition for the right to conclude an agreement, regardless of the time of sending the corresponding notice. And such a competition, as follows from Part 3, Clause 3, Art. 448 of the Civil Code of the Russian Federation, once declared, cannot be repealed at all.

The only form of liability of the competition organizer for illegal changes in its conditions or cancellation is compensation for actual damage incurred by the participants of the competition. Application of the sanction provided for in paragraph 4 of Art. 1058 of the Civil Code of the Russian Federation, to relations arising from the announcement of a competition for the right to conclude an agreement, contradicts the essence of this type of competition.

In paragraph 3 of Art. 448 of the Civil Code of the Russian Federation establishes the possibility of canceling a public competition for the right to conclude an agreement. This norm does not contain any special rules regulating the procedure for changing the conditions of such a competition. Therefore, the competition for the right to conclude an agreement may be changed in general procedure, i.e. in compliance with the rules enshrined in paragraph 1 of Art. 1058 of the Civil Code of the Russian Federation.

The winner of the competition for the right to conclude an agreement in accordance with clause 4 of Art. 447, a person is recognized who, according to the conclusion of the competition commission, pre-appointed by the organizer of the competition, offered the best conditions.

The results of the competition for the right to conclude an agreement must be formalized in compliance with established by law procedures. The agreement must be signed by the parties no later than 20 days or another period specified in the notice after the execution of the protocol on the results of the competition. Failure of one of the parties to enter into an agreement authorizes the other party to go to court with a claim to compel the conclusion of an agreement, as well as compensation for damages.

Article 1057. Organization of a public competition

1. Competitions are becoming increasingly common in Russia. They pursue the goal of best solving certain problems in the spheres of spiritual life and material production. Competition in one or another area of ​​human activity presupposes an appeal to an indefinite number of people, its openness. That's why it's called "public". Competition means competition, rivalry, rivalry. As a result of the competition, primacy is given to the best. Depending on the nature of the competition, it may be about identifying the best participant or work.

The Constitution (Article 43) introduces the concept of “on a competitive basis” in relation to obtaining higher education in state or municipal educational institutions. The 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.

By its legal nature, a 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 it to occur, the expression of the will of the organizer of the competition 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.

Unilateral transactions made by the parties to the competition (those who announced the competition and its participant) in some cases develop into a competition legal relationship. In its development, it goes through several stages, such as: a) announcement of a competition, b) presentation of work completed in accordance with the terms of the competition, c) comparative evaluation of works, d) making an evaluation decision, e) payment of an award. Each stage of the competition generates corresponding rights and obligations for its participants.

The subjects of the competition legal relationship are the persons who publicly announced the payment of a monetary reward or the issuance of another award, as well as the participants in the competition, i.e. persons who have completed and presented certain work for inspection.

Previously existing civil legislation (Article 439 of the Civil Code of the RSFSR) recognized that a public promise of remuneration (bonus) could come from a state, cooperative or public organization, i.e. from a legal entity. But not every legal entity could announce a competition, but only one for which holding a competition was an element of its special legal capacity. A citizen or organization that was not a legal entity was not granted the right to conduct a competition.

Now the organizer of the competition is the person who publicly announced the payment of a monetary reward or the issuance of another prize. The concept of “person” gives grounds to talk about the organizer of the competition in a broad sense. This includes both physical and legal entities. From Art. 18 of the Civil Code, which reveals the content of the legal capacity of citizens, it follows that citizens can make any transactions that do not contradict the law and participate in obligations. This right can also be applied to holding a competition.

The legal capacity of a legal entity means that it can have civil rights corresponding to the goals of its activities provided for in its constituent documents, and bear the responsibilities associated with these activities (Article 49 of the Civil Code). The right to hold a competition can be stipulated in the constituent documents, charters, regulations of creative unions, scientific and technical societies, editorial offices of newspapers, magazines, etc. At the same time, a particular organization can be granted the right to hold a competition by special civil legislation of Russia, other acts, containing civil law norms.

Participating in the competition can be both citizens and legal entities. 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 by law the result of their intellectual activity (Article 26 of the Civil Code). For minors under 14 years of age, according to Art. 28 of the Civil Code, transactions can be made on their behalf by legal representatives (parents, adoptive parents, guardians).

Citizens participate in the competition individually or collectively. Participants in the competition can be foreign citizens, as well as stateless persons whose legal capacity is determined by civil law. Legal entities may act as applicants. If a competition is announced for the best solution to a technical problem, then research institutes, design bureaus, technical societies, etc. have the right to participate in its development.

From the content of the competition announcement it should be clear who is invited to participate in it: either only citizens (for example, performing artists), or only organizations (amateur groups). A situation is possible when both are invited. Thus, from the message about the competition “Ecology-96” it follows that journalists, newspaper teams, radio and television companies can take part in the competition (RG. 1996. April 19).

The promise of remuneration for performing certain work must, as a rule, be public. This involves addressing an indefinite number of people. The promised reward is a specially established bonus or other reward that is paid to the winner of the competition for the result achieved. Receipt of an award by the winner does not exclude his right to receive other types of remuneration for his work. The competitive reward can be in monetary terms or in the form of a specific item (car, TV, etc.). Other forms of rewarding the winner of the competition (certificates, diplomas, medals and other distinctive signs) are possible only in combination with the payment of a bonus. The issuance of these incentives without payment of a premium is not a competitive reward.

A public competition is a type of public promise of a reward, which has not previously been regulated by civil law (for details, see comment to ch. 56 ). What these types of public promises of reward have in common is that in both cases a reward is publicly promised for performing lawful actions within a certain period of time. But there are differences between a public promise of a reward and a public competition. They have different goals. A public promise of a reward is associated with the commission of any lawful action (for example, finding a lost item, animal, providing a person with the necessary information, etc.). A public competition involves the achievement of the best result in the performance of creative work by a person who wishes to participate in the competition. In addition, a public competition is inherent in the nature of competition and rivalry, which is absent in the public promise of a reward.

If in a public competition a winner must always be determined, then with a public promise of a reward it is not established, although the action specified in the announcement can be performed by two or more persons at the same time. In this case, the efforts of the persons who took part in the commission of any lawful action mentioned above are rewarded equally.

2. A public competition pursues the achievement of some socially useful goals. The expression “any” makes it possible to broadly define socially useful goals. They can affect the areas of spiritual life and material production.

Training of specialists is provided through higher education. As noted, Art. 43 of the Constitution establishes the provision that everyone has the right to receive higher education on a competitive basis in a state and municipal educational institution.

In the field of labor relations, a public competition is associated with the selection of personnel and is regulated by labor legislation. The competition allows us to identify highly qualified specialists who can effectively participate in solving the problems facing the competition organizer.

In environmental legal relations, competition is also used, but for a different purpose. According to the Subsoil Law, subsoil use licenses are granted on the basis of competitions and auctions. In this case, the rational use of subsoil is decisive.

When using subsoil resources, relations arising in the process of searching, exploration and extraction of mineral raw materials, division of produced products, etc., are regulated by a production sharing agreement. These agreements are concluded by the state with the winner of the competition or auction (Article 6 of the Production Sharing Law).

The transition to market relations expanded the boundaries of competition. If earlier a competition as a civil legal institution covered relations related to the performance of certain creative work or identifying the best participant, now it is used in purchase and sale, contracting, construction, etc.

At the competition, enterprises are sold as property complexes or shares of an open joint-stock company created during privatization, amounting to more than 50% authorized capital society, if in relation to the specified property the buyer will have to fulfill any conditions (Privatization Law).

The need to effectively spend funds from the federal and other budgets requires purchasing goods, works and services for government needs on the basis of competitive procurement, but there is no Federal law on the organization of tenders yet. The Civil Code also does not regulate relations regarding the competitive placement of orders for the purchase of products for state needs. This gap in legislation is filled by Decree of the President of the Russian Federation dated 04/08/97 N 305 “On priority measures to prevent corruption and reduce budget expenses when organizing the purchase of products for state needs” *(246) , which determines the procedure for conducting tenders and at the same time sets legislators the task of supplementing civil legislation with rules on competitions of a commercial nature.

Besides, the federal law dated 09.25.97 N 126-FZ "On financial fundamentals local government in the Russian Federation" (as amended on 10/06/03) *(247) prescribes the placement of a municipal order for the performance of work (provision of services), financed from the local budget, on the basis of an open competition, the rules of which are established by the representative body of local government. The customer under a municipal order for the performance of work (provision of services) financed from the local budget is the bodies or officials of local government.

For competitions, ultimate goal which is obtaining permission to use something, the right to purchase, is characterized by competition with an element of competition. What is determined here is not the best participant, not the winner, but the one who will ensure the most rational use of something, the economic benefit from the acquisition of something.

The competition combines material and moral incentives to achieve a socially useful goal. It gives rise to the activities of its participants, which should be creative in nature. The result of this activity is a work of literature and art or the solution of other problems that promote cultural and technical progress.

3. The person who announced the public competition addresses an indefinite circle of people. The number of its participants can be quite wide, or it can be limited to employees of one organization or one profession.

Competitions can be open or closed. An open competition involves appealing to everyone who wants to participate. The announcement of a public competition is given in the media (print, broadcast on radio, television). Relevant notices may be posted in public places. When holding an open competition, its organizers have the right to pre-select participants who wish to take part in it. This is due to a preliminary assessment of the qualifications of the participants (for example, performing artists, musicians). But no matter how limited the range of participants in an open competition is by selection, it must remain indefinite.

A limited number of people are invited to participate in a closed competition, i.e. specially invited. The selection of participants is made by the organizer of the competition, and the offer to take part in the competition is sent to a certain circle of people. If a competition is held among a strictly defined circle of specially invited persons, it is characterized by a combination of elements of the competition and copyright agreements. In essence, such a competition is an order to specific individuals to perform a specific task. The remuneration is paid to the person whose work meets the conditions of the assignment.

Relations related to the creation and use of works of literature, science and art are regulated by copyright law. For the competitive selection of the best works, a jury is created, the authors are paid established prizes, thus the competition rules are applicable here.

4. The competition announcement must contain a number of conditions. Some of them are mandatory, others do not have this quality. Mandatory conditions include: the essence of the assignment, the criteria and procedure for assessing the results of work or other achievements; place, date and procedure for their submission; size and shape of the award; procedure and timing for announcing the results of the competition.

The essence of the task is, in fact, information about the subject of the competition or “certain work”. The nature of this information depends on the purpose of the competition.

In the announcement of the competition for the best material designed to cover the presidential elections of the Russian Federation in 1996 (RG. 1996. February 24), the task was defined as follows: materials about the elections submitted for the competition should contribute to the further development of democracy and increased political activity , conscious participation of citizens of the Russian Federation in the management of state affairs, more complete use of their voting rights.

The competition task can be expressed in a simple statement of the problem, which gives an idea, a topic, and also indicates the form of its solution. It is possible to detail the characteristics that the solution to the competition problem must meet.

The procedure and period for comparative evaluation of work are predetermined by the characteristics of the work itself. Pre-selection and evaluation of work prospectuses and applications are possible.

The competition may take place in several stages (rounds). At each of them, the works are evaluated, which allows you to select the best works for the next round. The final evaluation of the work may be preceded by an open discussion or placement in an exhibition for public viewing and public opinion.

One of the mandatory conditions of the competition is the place where the work will be presented. His instructions are important not only for the competition participants, but also for the public. This is especially true for performing arts competitions where there is an audience.

The duration of the competition task must be of such duration that the participant has a real opportunity to complete it. The time allotted for this may be determined by the appropriate period (for example, from February 15 to July 15, 1996 or within 6 months from the date of announcement of the competition) or a precisely fixed calendar date.

Final and interim deadlines may be set, for example, interim deadlines for artist previews or auditions; deadline for submission of prospectuses for the completion of the competition task.

The form in which a work is submitted to the competition is determined by its nature. It is possible for a participant in the competition to transfer the result of their work in the form of a materialized object (drawing, painting, medal, manuscript, project, etc.) when creating a work of science, literature, art or identifying a technical solution.

A special form of presentation of the work can be vocals, dance performance, poetry with the direct perception of this performance by the organizer of the competition.

Refusal to accept a work for a competition can only occur on the basis of its non-compliance with the conditions of the competition or violation of the procedure and deadlines for its submission.

The size and form of the award are a prerequisite for the competition announcement. They are established in the form of a sum of money or other property value. Several prizes may be established in accordance with the prize place taken (for example, the first prize - 15 thousand rubles, smaller amounts for two second prizes, two third). For each place, not one, but several prizes can be awarded: one first prize, two second, two third, etc. Along with bonuses, incentive bonuses may be provided for competition winners. They are intended to reward those who did not take a prize, but created a work worthy of being noted.

The number of prizes and their sizes are established by the organizers of the competition within the limits of the funds allocated for these purposes.

The procedure and timing for announcing the results of the competition are considered mandatory conditions. The determination of the results of the competition follows from the evaluation of the submitted works. The deadline for announcing the result is given in the announcement of the competition. Works of literature, science or art that have been awarded and accepted for use by the competition organizer may become the subject of contractual relations between the competition organizer and the authors of these works.

Non-binding conditions of the competition are determined at the free discretion of the organizer. The number and nature of such conditions depend on the specifics of the competition. Optional conditions may relate to the procedure for submitting work under a motto, when the name of the author is kept secret until his work is evaluated, or under the signature of the author; number of copies of works submitted for the competition; the need and deadline for the preliminary submission of a work prospectus, etc.

5. The organizer of the competition may use the award-winning work based on an agreement with the relevant participant. If the organizer of the competition avoids concluding an agreement provided for by the terms of the competition, then the participant who received the award (premium) has the right to go to court with a demand to force him to conclude an agreement. At the same time, the question of compensation for losses caused by evasion of its conclusion is raised. The rules provided for in the commented chapter apply in this case, since they do not contradict Art. 447-449 Civil Code.

Article 1058. Change of conditions and cancellation of a public competition

1. In contrast to the previously effective legislation (Article 440 of the Civil Code of the RSFSR), the capabilities of the competition organizer have now been expanded. He is given the right not only to change the conditions of the competition, but also to cancel it. Amendments are permissible to all conditions, except those that relate to the essence of the competition (goals, objectives). Changing the essence of the competition practically leads to its cancellation.

A different statement of the terms of the competition may affect the interests of potential participants who have begun to complete the specified task. Therefore, the law allows the competition organizer to change the conditions or cancel it only in the first half of the period established for the submission of works.

Later changes to the conditions of the competition are not excluded, but only if they improve the position of future participants (for example, the size and number of bonuses are increased).

The cancellation of a legally announced competition may be due to the discretion of its organizer, who has encountered obstacles to its holding (for example, the inability to provide conditions for the stay of nonresident participants or the refusal of sponsors to provide financial support).

The competition organizer cannot change the conditions or cancel the competition if any of the participants submitted work within the first half of the deadline. After notification of a change in the conditions of the competition in accordance with paragraph 2 of the commented article, the participant in the competition cannot demand acceptance of the work on the original conditions or invalidation of the changes made to them. His further participation in the competition is possible as a result of correction of the work in accordance with the new conditions of the competition.

2. Changes in the conditions of the competition or its cancellation must be brought to the attention of possible participants. This refers to an indefinite circle of persons to whom the announcement of a public competition was addressed. Potential participants must be informed about changes in the conditions of the competition or its cancellation in the same way as the competition was announced (publications in newspapers, messages on radio, television, distribution of information leaflets at street stands, etc.).

Compliance with this requirement by the competition organizer releases him from the obligation to accept work performed under the originally specified conditions. The fact that the author of this work, for good reason, did not know about changes in the conditions of the competition or its cancellation, is not taken into account.

3. After the announcement of a public competition, persons who wish to participate in it and complete the work incur certain costs (for example, purchase writing paper, canvas, paints, brushes, etc.). The work can be done by a participant in the competition before notification of changes in conditions or cancellation of the competition. Expenses incurred by any participant in the competition must be reimbursed. The person who announced the competition, in the event of its cancellation or change of conditions, must reimburse the expenses incurred by the person who completed the competition work, if it was ready before its author became or should have become aware of the change in the conditions of the competition and its cancellation.

The organizer of the competition may be released from the obligation to reimburse expenses. To do this, he must prove that the specified work was not performed in connection with the competition, but precisely before its announcement. Another basis for releasing the competition organizer from the obligation to reimburse the participant’s expenses is the performance of work that obviously does not meet the conditions of the competition.

4. Regardless of the reasons that forced the person who announced the competition to change its conditions or cancel it altogether, it must comply with certain requirements. The latter relate to the timing and procedure for notifying competition participants about changes in the conduct of the competition. These requirements are set out in paragraphs 1 and 2 of the commented article.

If they are violated by the organizer of the competition, then he must pay a reward to those who completed the work in accordance with the agreed conditions.

Article 1059. Decision on payment of reward

1. The announcement of the competition, among the mandatory ones, must contain a condition on the procedure and deadline for payment of the award. The decision to pay the award is brought to the attention of the competition participants. This must be done in a timely manner and in compliance with the procedure and deadline for payment of the award. When announcing a competition, the organizer indicates how many prizes he is establishing and in what amount.

When summing up the results of the competition, the organizer, based on the number of awarded prizes, can make one of the following decisions: a) on the payment of bonuses according to their number for each prize place; b) refusal to award prizes for individual prizes (if several are announced); c) on awarding incentive bonuses instead of awarding prizes for prize-winning places; d) non-awarding of prizes at all, if none of the submitted works are recognized as being awarded or none of them meets the requirements set out in the conditions of the competition. If a refusal to pay awards or any other decision is made, the competition organizer is not required to provide reasons for its decisions.

The evaluation of competition works can be carried out by the organizer himself, entrusted to other organizations, or by a specially created competition commission or jury of highly qualified specialists in this field of activity.

The formation of the competition commission (jury) is announced in the announcement, but its composition and names are not indicated. The competition commission or jury evaluates the submitted works and determines the winners. Prizes are awarded by the organizer of the competition. Only persons who are awarded prizes for prizes are recognized as winners of the competition.

Failure to comply with the deadline for announcing the results of a competition and paying bonuses is a violation of the organizer’s obligations. Participants in the competition whose works are recognized as satisfying the conditions of the competition and subject to a bonus have the right to apply to the court to demand payment of the bonus.

2. The work submitted for the competition may be completed by two or more persons. If a prize is awarded to a team of authors, the amount of the prize does not increase. It is distributed among the participants who completed the work in accordance with the agreement they reached. In the absence of such an agreement, the order of distribution of the award is determined by the court.

The decision to pay awards to competition participants whose works are awarded is communicated to them by written notice, as well as publication of the competition results in the press or announcement in other media.

If they disagree with the decision of the competition commission (jury) on the results of the competition and the payment of the award, the participants of the competition file a complaint with the organizer. The complaint can be resubmitted to a higher authority, whose decision is final.

Article 1060. Use of awarded works of science, literature and art

A public competition may be announced for the purpose of creating a work of science, literature or art. The organizer of the competition, having awarded the created work with the stipulated award, acquires the preemptive right to conclude an agreement on the use of the work with the winner of the competition.

If the plans of the person who announced the competition do not include the intention to use the awarded works, the authors of these works must be informed about this. When announcing the terms of the competition, it may be stipulated that the awarded works will not be used by the organizer. This gives the author the opportunity to use the work at his own discretion, namely, to look for a person or organization with which to enter into an agreement.

The law does not determine the period during which the person who announced the public competition must exercise the pre-emptive right that has arisen for him to conclude an agreement with the author of the work awarded the award. An indefinite delay in the execution of an agreement with the winner of the competition allows the latter to go to court with a demand to be forced to conclude an agreement. In the event of an unreasonable evasion from concluding a contract, the competition organizer must compensate the author of the award-winning work for the losses caused by this (see paragraph 4 of Article 445 of the Civil Code).

Depending on the court decision to force the competition organizer to enter into an agreement with the author of the award-winning work, the organizer’s right is either extinguished, or he enters into an agreement in accordance with copyright law (Article 31 of the Copyright Law).

When concluding an agreement between the organizer of the competition and the author, the period for which he transferred the right to the award-winning work, as well as other terms of the agreement, is stipulated. If the author's agreement does not contain a term clause, the agreement can be terminated by the author after 5 years from the date of its conclusion with written notification to the user 6 months before termination of the agreement.

The law (clause 4 of Article 1057 of the Civil Code) does not stipulate the method of using a work awarded at a competition. It is determined either at the conclusion of the copyright agreement, or is used in a manner arising from the purpose of the competition, for example: a musical work - for performance in front of an audience; literary work - for publication, literary reading, etc.

The issuance of a conditional award to the winner of the competition does not deprive him of the right to receive the corresponding remuneration under the agreement concluded with him on the use of the work.

Article 1061. Return of submitted works to participants in a public competition

In addition to the mandatory conditions (see

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 its winner. A public competition must be aimed at achieving some socially useful goals (Article 1057 of the Civil Code of the Russian Federation).

One of the differences between a public competition and a public promise of a reward lies in the initially specified competitiveness - not any “respondent” who has presented a conditional result can demand the issuance of a reward (i.e., act as a creditor), but only one of the “respondents” whose result is recognized the best.

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 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 carries out a preliminary selection of persons who wish to take part in it.

A public competition is also characterized by a greater degree of formalization.

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.

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 deadline established for the submission of works. Notification of changes in conditions or cancellation of the competition must be made in the same way in which the competition was announced (Article 1058 of the Civil Code of the Russian Federation).

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. 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.

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 procedure for distributing the award is determined by the court (Article 1059 of the Civil Code of the Russian Federation).

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 enter into a contract with the author of a work that has been awarded a stipulated award, with the payment to him of an appropriate remuneration for this (Article 1060 Civil Code of the Russian Federation).

In this case, the person who announced the public competition is obliged to return to the participants the works that were not awarded an award, unless otherwise provided by the announcement of the competition and does not follow from the nature of the work performed (Article 1061 of the Civil Code of the Russian Federation).

Interpretation of the concepts competition and auction: Video

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