Chapter 57. Public Competition.
Article 1057. Organization of a public competition.
1. A person who has publicly announced the payment of a monetary reward or the issuance of another award (award payment) for the best performance of work or the achievement of other results (public competition) must pay (issue) the award due to those who, in accordance with the terms of the competition the winner.
2. A public competition should be aimed at achieving any 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 announcement in the press or other media, or closed when the proposal to take part in the competition is sent to a certain circle of people chosen by the organizer of the competition.
An open competition may be due to the pre-qualification of its participants, when the organizer of the competition conducts a preliminary selection of persons who wish to participate in it.
4. The announcement of a public competition must contain at least the conditions stipulating the nature of the task, the criteria and the procedure for evaluating performance or other achievements, the place, term and procedure for presenting them, the size and form of the award, as well as the procedure and deadlines 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 in this chapter shall be applied insofar as not otherwise specified in Articles 447 - 449 of this Code.
Article 1058. Change of conditions and cancellation of a public competition.
1. A person who has announced a public competition shall have the right to change its conditions or cancel the competition only during the first half of the deadline set for the submission of works.
2. Notice of a change in conditions or cancellation of a competition must be made in the same manner in which the competition was announced.
3. In the event of a change in the conditions of the competition or its cancellation, the person announcing the competition must reimburse expenses incurred by any person who performed the work provided for 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 announcing the competition is relieved of the obligation to reimburse expenses, if he proves that the said work was not carried out in connection with the competition, in particular before the announcement of the competition, or did not comply with the conditions of the competition.
4. If the requirements specified in paragraphs 1 or 2 of this article were violated when the conditions of the competition were changed or canceled, the person who announced the competition must pay a reward to those who performed the work that meets the conditions specified in the announcement.
Article 1059. Decision to pay a reward.
1. The decision on the payment of the award must be made and communicated to the participants of a public competition in the manner and within the deadlines set in the announcement of the competition.
2. If the results indicated in the announcement are achieved in a work carried out jointly by two or more persons, the award is distributed in accordance with the agreement reached between them. In the event that such an agreement is not reached, the procedure for distributing the award is determined by the court.
Article 1060. The use of works of science, literature and art, awarded.
If the subject of a public competition is the creation of a work of science, literature or art and the conditions of the competition are not otherwise provided, the person who announced the public competition shall have the preferential right to conclude with the author of the work that received the conditional award an agreement on the use of the work with the corresponding remuneration.
Article 1061. Return of the submitted works to the participants of the public competition.
A person who has announced a public competition is obliged to return to the participants of the competition works that have not been awarded, unless otherwise provided by the announcement of the competition and does not follow from the nature of the work performed.
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