Abstract

The article present legal character of a contractual penalty in relation to compensation on general terms, specificity of a contractual penalty in public procurement contracts, circumstances for reservation of penalties in a draft of the contract prepared by the contracting authority constituting an element of the terms of the contract, potential titles for penalties in the light of the needs of the practice, the symmetry of penalties to be imposed on both contracting parties, as well as the premises and methods for controlling the amount of a contractual penalty. The discussion indicates that the problem of contractual penalties in public procurement contracts is more complex than it would seem. However, it is possible to conclude that the extent of protection of the interests of contracting authorities has been significantly broadened, as even public procurement objectives do not justify such a far reaching imbalance vis-ŕ-vis contractors. This substantiates the postulate addressed to jurisdiction to take a greater account of the interest of contractors already at the phase of formulating contracting terms. An intervention of the legislator should also be considered in the form of an amendment to the Public Procurement Law aimed at excluding the possibility to contractually expand the penalized scope of liability for non-performance or improper performance of duties beyond the limits defined by the provisions of the Civil Code.