On the question of civil liability for failure (improper performance) of obligations of state contract
The author examines the reasons and procedures of realization of measures of civil for the state contract. Terms of the contract of civil liability is not an essential condition of the contract, and its lack of harmonization is not the basis of recognition of the state of the contract concluded. Analyzes the imposition of administrative methods of regulation of private relations. The penalty is defined as a measure of responsibility, not as a way to ensure commitment. The author concludes with an equal amount of penalty under state authorization for the customer and for the supplier (contractor) based on the implementation of the civil law principle of equality of participants. The article highlights and detail the grounds of exemption from penalty: the state orderer wine and irresistible force. Actual conditions of unenforceability of the contract is not recognized as grounds for exemption from liability.