What applies to purchases under 223 fz. Subjects of natural monopolies

2.1. Types of legal entities

The general principles for the procurement of goods, works and services described in the previous chapter, in accordance with Part 2 of Art. 1 of Law No. 223-FZ relate to the following types of legal entities:

• state corporations;
• state companies;
• subjects of natural monopolies;
• organizations carrying out regulated activities in the field of power supply, gas supply, heat supply, water supply, sanitation, wastewater treatment, disposal (burial) of solid household waste;
• state unitary enterprises;
• municipal unitary enterprises;
• autonomous institutions;
• economic companies, in the authorized capital of which the share of participation of the Russian Federation, the subject of the Russian Federation, the municipality in the aggregate exceeds 50%;
• subsidiary business companies, in the authorized capital of which more than 50% of the shares in the aggregate belong to the legal entities listed above;
• subsidiary business companies, in the authorized capital of which more than 50% of the shares in the aggregate belong to the above-mentioned subsidiary business companies;
• budget institutions.

State corporations

State corporation (hereinafter referred to as the state corporation, GK) is the organizational and legal form of Russian non-profit organizations. A state corporation is a non-profit organization without membership, established by the Russian Federation on the basis of a property contribution and on the basis of a federal law, created to carry out social, managerial and other socially useful functions (Federal Law No. 7-FZ of January 12, 1996 "On Non-Profit Organizations").
The obligation of state corporations to post on their official website in the information and telecommunications network "Internet" the procedure for the purchase of goods, performance of work, provision of services is enshrined in paragraph 2 of Art. 7.1 of the Federal Law "On non-profit organizations".
Currently, there are five state corporations in Russia:

• State Corporation - Deposit Insurance Agency;
• State Corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)";
• State Corporation - Fund for Assistance to the Reform of Housing and Communal Services;
• State Corporation for the construction of Olympic facilities and the development of the city of Sochi as a mountain climatic resort;
• State Corporation for the Promotion of the Development, Production and Export of High-Technological Industrial Products "Russian Technologies";
• State Atomic Energy Corporation Rosatom.

State companies

In accordance with Part 1 of Art. 7.2 of the Federal Law "On Non-Profit Organizations", a state company is a non-profit organization that does not have membership and was created by the Russian Federation on the basis of property contributions to provide public services and perform other functions using state property on the basis of trust management. The state company is created on the basis of federal law.
According to paragraph 8 of Art. 7.2 of the Federal Law "On Non-Commercial Organizations", state-owned companies must post on their official website on the Internet the procedure for purchasing goods, performing work, and providing services.
Currently, there is one state-owned company in Russia, Russian Highways (State Company Avtodor), established in 2009 to provide public services and exercise other powers in the road sector using federal property on the basis of trust management (Federal Law No. July 17, 2009 No. 145-FZ).

Subjects of natural monopolies

Federal Law No. 147-FZ of August 17, 1995 “On Natural Monopolies” defines a natural monopoly as a state of a commodity market in which the satisfaction of demand in this market is more efficient in the absence of competition due to technological features of production (due to a significant decrease in production costs per unit of goods as the volume of production increases), and goods produced by subjects of natural monopoly cannot be replaced in consumption by other goods, and therefore the demand in this commodity market for goods produced by subjects of natural monopolies depends to a lesser extent on changes in the price of this product. goods than the demand for other types of goods.
The subject of a natural monopoly is an economic entity engaged in the production (sale) of goods under the conditions of a natural monopoly.
The areas of activity of subjects of natural monopolies include:

• transportation of oil and oil products through main pipelines;
• transportation of gas through pipelines;
• rail transportation;
• services in transport terminals, ports and airports;
• public telecommunication and public postal services;
• electric power transmission services;
• services for operational dispatch control in the electric power industry;
• thermal energy transmission services;
• services for the use of inland waterway infrastructure;
• disposal of radioactive waste;
• water supply and sanitation using centralized systems, communal infrastructure systems;
• icebreaking pilotage of vessels, ice pilotage of vessels in the water area of ​​the Northern Sea Route.

The current register of natural monopolies is maintained on the website of the Federal Tariff Service (FTS of Russia).

Organizations engaged in regulated activities in the field of power supply, gas supply, heat supply, water supply, sanitation, wastewater treatment, disposal (burial) of solid household waste

Regulated activities include types of activities in respect of which prices (tariffs) are regulated in accordance with the legislation of the Russian Federation. Completely private companies (for example, Vodokanal LLC, Garbage Removal OJSC, etc.) can also fall into this category of customers.

State unitary enterprises

In accordance with paragraph 1 of Article 113 of Part 1 of the Civil Code of the Russian Federation, a unitary enterprise is a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise. It was also established that only state and municipal enterprises can be created in the form of unitary enterprises, the legal status of which is determined by the Federal Law of November 14, 2002 No. 161-ФЗ “On State and Municipal Enterprises”.
State unitary enterprises include:

• state unitary enterprise based on the right of economic management (federal unitary enterprise and state enterprise of a constituent entity of the Russian Federation);
• state unitary enterprise based on the right of operational management (federal state enterprise and state enterprise of a constituent entity of the Russian Federation).

Municipal unitary enterprises

Municipal unitary enterprises include:

• municipal unitary enterprise based on the right of economic management (municipal enterprise);
• municipal unitary enterprise based on the right of operational management (municipal state enterprise).

Autonomous institutions

According to paragraph 1 of Art. 2 of the Federal Law of 03.11.2006 No. 174-FZ “On Autonomous Institutions”, an autonomous institution is recognized as a non-profit organization created by the Russian Federation, a constituent entity of the Russian Federation or a municipality to perform work, provide services in order to exercise the powers of state authorities provided for by Russian legislation, powers bodies of local self-government in the fields of science, education, healthcare, culture, mass media, social protection, employment of the population, physical culture and sports, as well as in other areas in cases established by federal laws.

Business companies, in the authorized capital of which the share of participation of the Russian Federation, the subject of the Russian Federation, the municipality in the aggregate exceeds fifty percent

In accordance with Art. 66 of the first part of the Civil Code of the Russian Federation, business partnerships and companies are recognized as commercial organizations with an authorized capital divided into shares of the founders. Property created at the expense of the founders' contributions, as well as produced and acquired by a business partnership or company in the course of its activity, belongs to it by the right of ownership.
Business companies may be created in the form of a joint-stock company, a limited liability company or an additional liability company.
Joint stock company in accordance with paragraph 1 of Art. 96 of the first part of the Civil Code of the Russian Federation is a company whose authorized capital is divided into a certain number of shares. Members of a joint-stock company are not liable for its obligations and bear the risk of losses associated with the activities of the company, to the extent of the value of their shares.
A limited liability company is a company whose authorized capital is divided into shares; participants in a limited liability company are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their shares (clause 1, article 87, part one of the Civil Code of the Russian Federation).
An additional liability company is a company whose charter capital is divided into shares. The participants in such a company jointly and severally bear subsidiary liability for its obligations with their property in the same for all multiples of the value of their shares, determined by the charter of the company. In case of bankruptcy of one of the participants, its liability for the obligations of the company is distributed among the other participants in proportion to their contributions, unless a different procedure for the distribution of responsibility is provided for by the constituent documents of the company.
The above economic companies fall under the effect of Law No. 223-FZ if the share of participation of the Russian Federation, a constituent entity of the Russian Federation, a municipality in the aggregate exceeds fifty percent in the authorized capital of such companies.

Subsidiaries of legal entities specified in paragraph 1 of part 2 of Art. 1 of Law No. 223-FZ, in the authorized capital of which more than 50% of the shares in the aggregate belong to these legal entities, and subsidiaries of these companies, subject to the same conditions

Economic society, in accordance with paragraph 1 of Art. 105 of the first part of the Civil Code of the Russian Federation is recognized as a subsidiary if another (main) business company or partnership, by virtue of its predominant participation in its authorized capital, or in accordance with an agreement concluded between them, or otherwise has the ability to determine decisions made by such a company.
In accordance with part 3 of Art. 1 of Law No. 223-FZ, the procedure for determining the aggregate share of participation of the Russian Federation, a constituent entity of the Russian Federation, a municipal formation in the authorized capital of business entities, the aggregate share of participation of legal entities specified in clause 1 of part 2 of this article in the authorized capital of subsidiary business companies, the aggregate share of participation of these in Clause 2 of Part 2 of this Article of subsidiaries in the authorized capital of their subsidiaries, as well as the procedure for notifying customers about a change in the aggregate share of such participation, is approved by the federal executive body authorized by the Government of the Russian Federation, in agreement with the federal executive body exercising the functions on the development of state policy and legal regulation in the field of procurement of goods, works, services to meet state and municipal needs.
The procedure for determining the aggregate share is established by order of the Federal Antimonopoly Service of June 16, 2014 N 390/14 “On approval of the procedure for determining the aggregate share of participation of the Russian Federation, the constituent entity of the Russian Federation, the municipality in the authorized capital of business entities, the aggregate share of participation of legal entities in the authorized capital subsidiaries, the aggregate share of participation of subsidiaries in the authorized capital of their subsidiaries and the procedure for notifying customers of a change in the aggregate share of participation of the Russian Federation, a constituent entity of the Russian Federation, a municipal formation in the authorized capital of business entities, the aggregate share of participation of legal entities in the authorized capital of subsidiaries business companies, the aggregate share of participation of subsidiaries in the authorized capital of their subsidiaries" (hereinafter - Order No. 390/14).

Budget institutions

In accordance with Part 2 of Article 15 of Law No. 44-FZ, budgetary institutions in some cases have the right not to apply the norms of the strictly regulated Law No. 44-FZ, but to work in accordance with the more flexible and liberal Law No. 223-FZ.
If there is a Regulation on Procurement approved and placed before the beginning of the year (and in 2014 - before April 1, 2014) in a single information system, this institution has the right to carry out purchases in accordance with 223-FZ in the corresponding year:

1. at the expense of grants transferred free of charge and irrevocably by citizens and legal entities, including foreign citizens and foreign legal entities, as well as by international organizations that have acquired the right to provide grants on the territory of the Russian Federation in the manner established by the legislation of the Russian Federation, subsidies (grants), provided on a competitive basis from the relevant budgets of the budgetary system of the Russian Federation, unless otherwise provided by the conditions determined by the grantors;
2. as a contractor under a contract in the event that other persons are involved on the basis of an agreement during the execution of this contract for the supply of goods, performance of work or provision of services necessary to fulfill the obligations of this institution under the contract;
3. at the expense of funds received in the course of carrying out other income-generating activities from individuals, legal entities, including within the framework of the main types of activities provided for by its constituent document (with the exception of funds received for the provision and payment of medical care under compulsory medical insurance).

Benefits of working under 223-FZ

The organization of procurement activities in accordance with Law No. 223-FZ has a number of significant advantages compared to work under 44-FZ:

1. The list of goods, works, services that can be purchased from a single supplier, the customer forms independently.
2. It is possible to purchase medicines by their trade name, and not by INN. This will reduce the risk of supplying low-quality medicines and get exactly the product that suits the customer.
3. It is not necessary to write the words "or equivalent" and set the equivalence parameters.
   The customer has the right to indicate a specific trademark and reject applications that offer another product (subject to restrictions established by antimonopoly legislation).
4. Convenient procurement planning. The procurement plan is drawn up for a period of 1 year (as a general rule), it can be changed at any time and for any reason. There is no obligation to justify the initial (maximum) contract price.
5. You can make changes to the draft contract after the selection of the winner, and to the already concluded contract: extend the terms, increase the volume, change the payment procedure, etc.
6. Based on the results of a failed purchase, the customer is not obliged to repeat the procedure, is not obliged to coordinate it with regulatory authorities, is not obliged to involve experts, you can simply conclude an agreement with a single supplier.

In order to take advantage of the listed benefits, a budgetary institution needs to develop and post a procurement regulation on the official website.
In accordance with the clarifications of the Ministry of Economic Development (letter dated November 26, 2014 No. N D28I-2490), if the provision on procurement by a budgetary institution was adopted after April 1, 2014, such a budgetary institution has the right to carry out purchases provided for by part 2 of Article 15 of the Law N 44-FZ, in compliance with the requirements of Law N 223-FZ only from January 1, 2015.
At the same time, in accordance with Part 3 of Article 15 of Law No. 44-FZ, the decision made by a budgetary institution to carry out purchases in the manner established by Law No. 223-FZ cannot be changed in the current year.

For the simplicity and convenience of the work of customers on the site and the application of the provisions of 223-FZ, site experts developed standard procurement regulations and procurement documentation, taking into account the specifics of procurement of different customers, which are available for download and further use.
All of the above legal entities are required to conduct procurement in accordance with the provisions of Law No. 223-FZ. Any natural or legal person can become a supplier. Law No. 223-FZ obliges customers to disclose information about their purchases, which allows suppliers to take part in tenders, expanding sales markets. Since there are more than 70 thousand customers who are subject to 223-FZ, it is not always easy for suppliers to track newly announced tenders. Using the Vitrina tender search system, bidders only need to set up filters and a subscription once to receive notifications of purchases by e-mail.

In accordance with the draft Federal Law No. 750892-6 On Amendments to the Federal Law “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities”, the legislator intends to introduce a new type of customers - legal entities implementing an investment project included in the register of investment projects, which state support measures are provided or which provide for the exploration and production of hydrocarbon raw materials.
These legal entities are required to approve the procurement regulation and place it in the manner prescribed by law No. 223-FZ in the unified information system no later than 20 days before the date of placement in the unified information system of the procurement plan.
Such customers without a procurement regulation approved and posted in the unified information system are not entitled to make purchases at the expense of the investment project.
To date, more than 30% of customers making purchases in accordance with the requirements of 223-FZ 1 are accredited to the ETP site.

2.2. Relations that are not regulated by the provisions of 223-FZ

Law No. 223-FZ regulates all purchases of goods, works, services of customers.

The list of exemptions from the scope of Law No. 223-FZ is given in Part 4 of Art. 1. This list is closed, customers are not entitled to supplement it on their own.

The law does not apply to transactions related to:

1. purchase and sale of securities and currency values, precious metals, as well as the conclusion of contracts that are derivative financial instruments (with the exception of contracts that are concluded outside the scope of exchange trading and the fulfillment of obligations under which involves the supply of goods).
   According to Art. 142 of the first part of the Civil Code of the Russian Federation, a security is a document that meets the requirements established by law and certifies obligations and other rights, the exercise or transfer of which is possible only upon presentation of such a document (documentary securities). Obligatory and other rights are also recognized as securities, which are enshrined in a decision on the issue or other act of the person who issued the securities in accordance with the requirements of the law, and the exercise and transfer of which are possible only in compliance with the rules for accounting for these rights in accordance with Article 149 of the Civil Code of the Russian Federation ( paperless securities). Securities are a share, a bill of exchange, a mortgage, an investment share of a mutual investment fund, a bill of lading, a bond, a check and other securities named as such in law or recognized as such in the manner prescribed by law. The issue or issuance of securities is subject to state registration in cases established by law.
   Law No. 173-FZ dated 10.12.2003 “On currency regulation and currency control” classifies foreign currency and foreign securities as currency values. External securities, as defined by this Law, are securities, including those in non-documentary form, that are not related to internal securities in accordance with this Law.
   Foreign currency is banknotes (banknotes, treasury bills, coins) that are in circulation and are legal means of cash payment on the territory of the corresponding state (group of states), as well as funds in bank accounts and bank deposits in monetary units of foreign states and international monetary or accounting units.
2. the purchase by the customer of exchange goods on a commodity exchange in accordance with the legislation on commodity exchanges and exchange trading.
   The Federal Law of November 21, 2011 No. 327-ФЗ “On Organized Trading” is aimed at regulating relations in the creation and operation of commodity exchanges, exchange trading and providing legal guarantees for activities on commodity exchanges, according to which exchange goods are not withdrawn from circulation things (with the exception of securities, foreign currency) of a certain kind and quality, of any state of aggregation, admitted to organized trading.
   Organized trades - trades held on a regular basis according to established rules, which provide for the procedure for admitting persons to participate in trades for the conclusion of contracts for the sale of goods, securities, foreign currency, repurchase agreements and contracts that are derivative financial instruments.
3. the implementation by the customer of the procurement of goods, works, services in accordance with the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" .
   If the customer conducts a purchase in accordance with Law No. 44-FZ, Law No. 223-FZ does not regulate such a purchase.
   Currently, law enforcement practice has begun to take shape related to the distribution of customer actions on 223-FZ and 44-FZ. This is important not only from the point of view of the correct spending of budget funds, but also from the point of view of minimizing the risks of bringing to administrative responsibility. Penalties were introduced for violating 223-FZ: one of the articles provides for the responsibility of the customer for non-application of 44-FZ in cases where it is necessary.

Examples of cases where customers falling under 223-FZ are required to purchase in accordance with 44-FZ:

• when providing budgetary funds to autonomous institutions (from January 1, 2014), state unitary enterprises and municipal unitary enterprises (from January 1, 2017) for capital investments in state (municipal) property;
• when providing, in accordance with the Budget Code of the Russian Federation and other regulatory legal acts regulating budgetary legal relations, budgetary investments to a legal entity that is not a state or municipal institution, state or municipal unitary enterprise, in the case of the implementation of investment projects for the construction, reconstruction and technical re-equipment of facilities capital construction.

Art. 1 of the Federal Law of July 19, 1998 No. 114-FZ “On Military-Technical Cooperation of the Russian Federation with Foreign States” defines military-technical cooperation as an activity in the field of international relations related to the export and import, including the supply or purchase, of products military purpose, as well as with the development and production of military products.
Military products: weapons, military equipment, works, services, results of intellectual activity, intellectual property and information in the military-technical field, with the exception of information that can be published in accordance with the legislation of the Russian Federation in the media, works of science, literature and art, advertising materials.

This exception is based on Part 4 of Art. 15 of the Constitution of the Russian Federation, according to which, if an international treaty of the Russian Federation establishes other rules than those provided for by law, then the rules of the international treaty are applied. The procedure for the conclusion, implementation and termination of international treaties is determined by the Federal Law of July 15, 1995 No. 101-FZ "On International Treaties of the Russian Federation". According to this law, the provisions of officially published international treaties of the Russian Federation, which do not require the issuance of domestic acts for application, are directly applicable in the Russian Federation.

In accordance with Art. 1 of Law No. 307-FZ, audit activity (audit services) is an activity for conducting an audit and providing audit-related services carried out by audit organizations, individual auditors. Audit - an independent verification of the accounting (financial) statements of the audited entity in order to express an opinion on the reliability of such statements.
In accordance with Part 4 of Art. 5 of Law No. 307-FZ, an agreement to conduct a mandatory audit of the accounting (financial) statements of an organization in the authorized (reserve) capital of which the share of state ownership is at least 25%, as well as to audit the accounting (financial) statements of a state corporation, state company, SUE or MUPA, is concluded with an audit organization or an individual auditor, determined by holding at least once every 5 years an open tender in the manner established by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, with At the same time, the establishment of requirements for securing applications for participation in the tender is not mandatory.

The inclusion of this provision is due to the fact that the Federal Law of March 26, 2003 No. 35-FZ "On the Electric Power Industry" establishes a special legal regulation of the interaction of participants in the electricity market, which does not coincide with the requirements of Law No. 223-FZ, including the requirements for informing about planned purchases and selection of suppliers.

If a credit institution is one of the customers falling under the 223-FZ, then when carrying out leasing operations, i.e. when purchasing leased property for a lessee, such a credit institution is not bound by the procurement procedure provided for by Law 223-FZ (since both the seller and the goods are determined, as a rule, by the lessee).

This law does not apply to the purchase and sale of precious metals and transactions with derivative financial instruments (DFIs), except for over-the-counter deliverable DFIs, the underlying asset of which is a real commodity.
Transactions with derivatives and the purchase of precious metals are carried out on market conditions in real time at prices that are constantly changing in accordance with the conditions of the domestic and foreign markets. The need to conduct competitive procurement deprived customers of the opportunity to offer their customers these services on market terms.
The purchases listed above are not included in the procurement plan and reports drawn up in accordance with 223-FZ; the customer is not obliged to publish a notice of such purchases, documentation and a draft contract.

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1.1.6. Ensuring publicity and transparency of procurement

Taking into account the modern development of information technologies, the principle of information openness can be most effectively ensured by posting information on the Internet information and telecommunications network, therefore, all procurement information subject to mandatory placement in accordance with Law No. 223-FZ must be posted by the customer on the official website of the Russian Federation for placing information on placing orders for the supply of goods, performance of work, provision of services www.zakupki.gov.ru (hereinafter referred to as the Official Website, a unified information system).

Exceptions to the principle of information openness of procurement are indicated in Part 15 of Art. 4 Laws. The legislator included among them information about the purchase, constituting a state secret, as well as information about the purchase, on which a decision was made by the Government of the Russian Federation in accordance with Part 16 of Art. 4 Laws.

At the current stage of development of legislation on procurement by certain types of legal entities, the principle of publicity and transparency of procurement is of paramount importance. In particular, the amendments to the Code of Administrative Offenses of the Russian Federation, which entered into force on May 16, 2014, providing for administrative responsibility for customers working under Law No. 223-FZ, for the most part relate to liability for violation by customers of the principle of information openness (publicity) and transparency of procurement.

1.1.7. Prevention of corruption and other abuses

In order to avoid abuses in the field of procurement, the legislation contains a list of requirements and restrictions that establish a ban on the commission of actions by customers that are not provided for by the norms of Law No. 223-FZ, including those that violate the principles and goals of its creation.

It should be noted that the general “prevention” of combating these negative phenomena in procurement activities is electronic procurement, since this is how the possibility of influencing the course and result of these procurements is reduced to zero. In this regard, in our opinion, it is necessary at the legislative level to provide for the possibility of conducting most purchases under 223-FZ in electronic form on the ETP.

In addition, the draft amendments to 223-FZ, which are being discussed in the expert community, deserve support, according to which the Government of the Russian Federation will have the right to establish the minimum volume of purchases in electronic form, as well as the obligation to publish a report on the number and total cost of contracts concluded as a result of procurement in electronic form.

1.2. Principles for the procurement of goods, works and services in accordance with Law No. 223-FZ.

The principles that the customer should be guided by when purchasing goods, works and services are described in Part 1 of Article 3 of Law No. 223-FZ and represent special independent regulatory means of legal regulation of relations in the field of procurement of goods, works and services.

These include:

1) information openness of the procurement;

2) equality, fairness, absence of discrimination and unreasonable restrictions on competition in relation to procurement participants;

3) targeted and cost-effective spending of funds for the purchase of goods, works, services (taking into account, if necessary, the cost of the life cycle of purchased products) and the implementation of measures aimed at reducing customer costs;

4) the absence of restrictions on admission to participation in the procurement by establishing non-measurable requirements for procurement participants.

Due to the lack of detailed regulation of many issues and procedures in Law No. 223-FZ, as well as the framework nature of many of its provisions, it is the principles enshrined in the Law that are aimed at unifying the nature of the impact of its norms on public relations in the procurement process.

Failure to comply with these principles may serve as a reason for appealing the actions (inaction) of the customer by the procurement participant to the regulatory authorities. Judicial practice, the results of consideration of complaints by the Federal Antimonopoly Service, materials of prosecutorial inspections show that often the controlling body (or the court) is guided by the principles of procurement set forth in Law No. 223-FZ when making decisions.

1.2.1. Information openness of procurement

The general legal principle of information openness, enshrined in the Constitution of the Russian Federation, taking into account the development of information technologies, is most effectively ensured by posting relevant information in the information and telecommunication network Internet. In order to create a single information space for the market of goods, works and services, all information subject to mandatory publication in accordance with Law No. 223-FZ is posted by customers on the Official Website. Also, the norms of the law require the publication of information on the website of the organization in case of inoperability of the Official website. In practice, this means that the organization must have its own website and duplicate on it all the information published in accordance with 223-FZ.

Some ETPs, including the website, provide the ability to automatically duplicate customer information on the Official website and on the website of the organization.

The following requirements are based on the principle of information openness:

Free provision of information on procurement (parts 14, 18, article 4 of Law No. 223-FZ);

Placement of a procurement regulation, a procurement plan, a procurement notice, procurement documentation, as well as information on changes to these documents in the unified information system (Article 4 of Law No. 223-FZ);

Monthly placement in the unified information system of information on the number and total cost of contracts concluded by the customer as a result of competitive purchases, purchases from a single supplier, purchases, information about which constitutes a state secret or in respect of which decisions of the Government of the Russian Federation were made in accordance with Part 16 of Art. 4 of Law No. 223-FZ (part 19 of article 4 of Law No. 223-FZ).

1.2.2. Equality, fairness, absence of discrimination and unreasonable restrictions on competition in relation to procurement participants

The principle consists of several similar principles and consists in the requirement addressed to the customer to ensure equal rights and opportunities for all participants in the procurement, equal treatment of them at all stages of the procurement procedure, indicates the need to exclude a selective approach, unequal actions in relation to certain participants purchases that lead to different legal consequences for them.

Speaking about the principle of the absence of unreasonable restrictions in relation to the procurement participants, one should pay attention to Art. 4 of the Law on Protection of Competition, which defines the signs of restriction of competition:

Reducing the number of economic entities that are not included in one group of persons in the commodity market;

An increase or decrease in the price of goods that is not associated with corresponding changes in other general conditions for the circulation of goods on the goods market;

Refusal of business entities that are not included in one group of persons from independent actions in the commodity market;

Determination of the general conditions for the circulation of goods on the commodity market by an agreement between economic entities or in accordance with the instructions of another person that are binding on them, or as a result of the coordination by economic entities that are not part of the same group of persons of their actions on the commodity market;

Other circumstances that create an opportunity for an economic entity or several economic entities to unilaterally influence the general conditions for the circulation of goods on the commodity market, as well as the establishment by state authorities, local governments, organizations participating in the provision of state or municipal services, when participating in the provision such services requirements for goods or business entities not provided for by the legislation of the Russian Federation.

At the same time, the principle under consideration, excluding the establishment of unreasonable restrictions on competition, recognizes the possibility of recognizing such restrictions as justified. Therefore, in the event of a complaint against the actions (inaction) of the customer, the supervisory authority will determine whether the customer has a documentary justification for restricting competition.

1.2.3. Targeted and cost-effective spending of funds for the purchase of goods, works, services (taking into account, if necessary, the cost of the life cycle of purchased products) and the implementation of measures aimed at reducing customer costs

The establishment of this principle means that customers applying the provisions of 223-FZ should strive to spend funds as efficiently and rationally as possible to meet their own needs and needs.

The relevance of this principle increases many times during a period of economic instability, when customers are forced to carry out their procurement activities in conditions of limited financial resources, since cost reduction can be one of the most real and effective ways to restore the customer's financial situation.

It is also worth noting that the Law is not about lowering prices, but about increasing efficiency and reducing the overall costs of the customer. This, for example, means that it is quite acceptable practice within the framework of 223-FZ to select a supplier based on the total cost of ownership, which includes not only the purchase price, but also the cost of maintenance.

It is necessary to emphasize the importance and significance of electronic procurement conducted at the ETP for the implementation of this principle in practice. Thus, the average percentage of savings (reduction of the initial (maximum) price of the contract) when conducting electronic procurement on the site is on average 10-15%, which exceeds similar indicators when conducting paper procurement procedures.

1.2.4. No restrictions on admission to participation in the procurement by establishing non-measurable requirements for procurement participants

When establishing requirements for procurement participants (primarily for the financial resources of participants, their productive capacities, etc.), such requirements should be avoided that cannot be fully formalized and documented, cannot be applied equally to all procurement participants . It is necessary to avoid formulations that allow ambiguous interpretation of certain requirements for participants. For example, quite often in the practice of procurement of private companies there is a requirement of "positive business reputation" and the requirement of "stable financial position". Within the framework of 223-FZ, it is necessary to disclose the calculation methodology for determining such parameters. Unfortunately, not every customer can develop a complete methodology.

In this case, we recommend using the methodology for calculating "supplier reliability", developed by the site in conjunction with auditors from the "big four" PricewaterhouseCoopers, Deloitte, Ernst & Young, KPMG.
This technique allows you to take into account many factors that determine the reliability of the supplier. These factors include: the age of the company, the state of its finances, availability of resources, the presence of negative information about the companies, its going through bankruptcy proceedings, location at the “mass registration” address, etc. There are many parameters used in the supplier reliability category calculation; the customer does not have to calculate the rating on his own - the corresponding calculation is built into the site site.

According to 223-FZ, a customer is an organization in whose authorized capital, in addition to its own funds, there is a state share of 50% or more. The law highlights (part 2 of article 1):

1. State corporations and companies.
2. Public law companies.
3. Subjects of natural monopolies.
4. Organizations that conduct regulated activities in the field of gas, water, heat and electricity, etc.
5. autonomous institutions.
6. Business companies (50% of the capital - the state's share).
7. Subsidiaries (50% of the capital - the share of entities from paragraphs 1-6).
8. Subsidiaries (50% of the capital - the share of entities from paragraph 7).
9. Budgetary institutions using grants, own funds, attracting subcontractors under executable contracts.
10. State Unitary Enterprises and Municipal Unitary Enterprises, buying at the expense of grants and their own funds, when attracting subcontractors under executed contracts, without attracting funds from the relevant budgets of the budget system. The clause is applied if there is a procurement regulation approved and placed before 01/01/2019.
11. Federal State Unitary Enterprise from the list (Decree of the Government of the Russian Federation No. 2931-r dated December 31, 2016).

Examples of such organizations include:

1. PJSC "Gazprom".
2. OOO Gazprom Invest.
3. JSC EK Lenenergo.
4. SPbGBUK "TsPKiO im. CM. Kirov.

Such organizations have large financial resources due to state support. Through procurement activities, they encourage suppliers to participate in tenders, expand their opportunities, and develop competition. Moreover, they must spend money and meet needs efficiently. But there is a risk that such buyers may abuse their position. That is why a separate law, 223-FZ, has been created for such companies.

A complete list of federal state unitary enterprises that purchase under 223-FZ

Obligations and rights of the customer under 223-FZ

There are features of how purchases are made by the customer under 223-FZ. The main internal document here is the regulation on procurement (parts 2, 3, article 2), which details the procedure and all stages of such activities. The document is published in the EIS within 15 days after approval.

The obligation to purchase part of the products from small and medium-sized businesses remains (clause 2, part 8, article 3). There should be a section on this in the plan.

The law also stipulates the rights of the customer:

1. Demand from the participants that there are no unscrupulous suppliers in the register in accordance with laws No. 223 and No. 44.
2. All documents can be published not only in the EIS, but also on your own website (except for state secrets).
3. It is allowed not to publish information about procedures, the amounts of which are less than 100,000 rubles, and with revenues of more than 5 billion rubles. - less than 500,000 rubles. (part 15, article 4).

Is it possible to complain to the FAS

Suppliers, executive authorities of the constituent entities of the Russian Federation and the Corporation for the Development of Small and Medium Enterprises can apply to the Federal Antimonopoly Service (part 10 of article 3) to file a complaint under 223-FZ against the actions of the customer if:

1. Violated the rules for placing a provision on procurement in the EIS.
2. Suppliers are required to provide documents that are not provided for in the tender documentation.
3. Products are purchased without a valid regulation and without applying the provisions of law no. 44.
4. Unreliable or no information was published in the EIS on the annual volumes of purchases from SMEs.

In general, the algorithm for filing a complaint will be similar to the norms of Law No. 44.

Fines under 223-FZ for customers in 2019

Cases of violations are considered by the FAS (Article 23.83 of the Code of Administrative Offenses of the Russian Federation). The amounts of fines for a particular violation are collected in the table.

Read more about when they will be fined in the article.

On November 8, 2018, the Federal Antimonopoly Service posted a draft Federal Law on the official website of draft regulations. The project establishes administrative, including for delaying payment. You will find a table of new punishments in the article.

RUSSIAN FEDERATION

THE FEDERAL LAW

ON PROCUREMENT OF GOODS, WORKS, SERVICES BY CERTAIN TYPES OF LEGAL ENTITIES

Accepted

State Duma

Approved

Federation Council

Article 1

1. The objectives of the regulation of this Federal Law are to ensure the unity of the economic space, create conditions for the timely and complete satisfaction of the needs of legal entities specified in Part 2 of this Article (hereinafter referred to as customers) in goods, works, services, including for the purposes of commercial use , with the necessary indicators of price, quality and reliability, efficient use of funds, expanding the opportunities for the participation of legal entities and individuals in the procurement of goods, works, services (hereinafter also referred to as procurement) for the needs of customers and stimulating such participation, developing fair competition, ensuring transparency and transparency of procurement, prevention of corruption and other abuses. (as amended by Federal Law No. 505-FZ of December 31, 2017)

2. This Federal Law establishes the general principles for the procurement of goods, works, services and the basic requirements for the procurement of goods, works, services:

1) state corporations, state companies, public companies, subjects of natural monopolies, organizations engaged in regulated activities in the field of electricity supply, gas supply, heat supply, water supply, sanitation, wastewater treatment, treatment, disposal, neutralization and disposal of municipal solid waste, autonomous institutions, as well as economic companies, in the authorized capital of which the share of participation of the Russian Federation, the subject of the Russian Federation, the municipality in the aggregate exceeds fifty percent; (as amended by the Federal Laws of December 29, 2014 N 458-FZ, of July 3, 2016 N 236-FZ, of July 3, 2016 N 321-FZ)

2) subsidiary business companies, in the authorized capital of which more than fifty percent of the shares in the aggregate belong to the legal entities specified in clause 1 of this part;

3) subsidiary economic companies, in the authorized capital of which more than fifty percent of the shares in the aggregate belong to the subsidiary economic companies specified in paragraph 2 of this part;

4) by a budgetary institution in the presence of a legal act approved in accordance with part 3 of part 1 of Article 4 of this Federal Law, when it makes purchases: (as amended by Federal Law of December 28, 2013 N 396-FZ)

dated December 28, 2013 N 396-FZ)

b) as a contractor under a contract in the event that other persons are involved on the basis of an agreement during the execution of this contract for the supply of goods, performance of work or provision of services necessary to fulfill the obligations of this institution under the contract; (as amended by Federal Law No. 396-FZ of December 28, 2013)

c) at the expense of funds received in the course of carrying out other income-generating activities from individuals, legal entities, including within the framework of the main types of activities provided for by its constituent document (with the exception of funds received for the provision and payment of medical care under compulsory medical insurance) . (as amended by Federal Law No. 396-FZ of December 28, 2013)

5) by state unitary enterprises, municipal unitary enterprises in the presence of a legal act approved in accordance with Part 3 of Article 2 of this Federal Law and placed before the beginning of the year in a unified information system in the field of procurement of goods, works, services to meet state and municipal needs in accordance with Part 1 of Article 4 of this Federal Law, when making purchases:

a) at the expense of grants transferred free of charge and irrevocably by citizens and legal entities, including foreign citizens and foreign legal entities, as well as international organizations, subsidies (grants) provided on a competitive basis from the relevant budgets of the budgetary system of the Russian Federation, if the conditions certain donors, unless otherwise stated; (as amended by Federal Law No. 321-FZ of July 3, 2016)

b) as a contractor under the contract in the event that other persons are involved on the basis of the contract during the execution of this contract for the supply of goods, performance of work or provision of services necessary for the fulfillment of the obligations of this enterprise under the contract, with the exception of cases when the enterprise fulfills the contract concluded in accordance with paragraph 2 of part 1 of Article 93 of the Federal Law of April 5, 2013 N 44-FZ of July 3, 2016 N 321-FZ)

c) without attracting funds from the relevant budgets of the budgetary system of the Russian Federation by state, municipal unitary enterprises that are pharmacy organizations; (as amended by Federal Law No. 108-FZ of June 7, 2017)

6) federal state unitary enterprises that are essential for ensuring the rights and legitimate interests of citizens of the Russian Federation, the defense capability and security of the state, the list of which is approved by the Government of the Russian Federation in agreement with the Administration of the President of the Russian Federation. (as amended by Federal Law No. 474-FZ of December 28, 2016)

2.1. This Federal Law (with the exception of the cases specified in Part 5 of this Article) does not apply to legal entities in the authorized capital of which the share of participation of the Russian Federation, a constituent entity of the Russian Federation, a municipality in the aggregate does not exceed fifty percent, their subsidiaries and subsidiaries of the latter, namely:

1) subjects of natural monopolies, organizations engaged in regulated activities in the field of electricity, gas supply, heat supply, water supply, sanitation, wastewater treatment, processing, disposal, neutralization and disposal of solid municipal waste, if the total revenue, respectively, of such entities, organizations from activities, related to the field of activities of natural monopolies, and from these types of activities is no more than ten percent of the total amount of revenue, respectively, from all types of activities carried out by them for the previous calendar year, information on the volume of which is posted in a single information system in the field of procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as the unified information system); (as amended by Federal Laws No. 324-FZ of December 30, 2012, No. 396-FZ of December 28, 2013, No. 458-FZ of December 29, 2014)

2) subsidiaries of natural monopoly entities, organizations engaged in regulated activities in the field of electricity supply, gas supply, heat supply, water supply, sanitation, wastewater treatment, treatment, disposal, neutralization and disposal of solid municipal waste, if the proceeds from the purchase of goods, works, services by the main business companies and their other subsidiaries is no more than five percent of the amount of revenue for the previous four quarters from all types of activities carried out by them, information on the volume of which is posted in a single information system; (as amended by Federal Laws No. 324-FZ of December 30, 2012, No. 396-FZ of December 28, 2013, No. 458-FZ of December 29, 2014)

3) subsidiaries of the subsidiaries specified in clause 2 of this part of this part, if the proceeds from the purchase of goods, works, services by the main economic companies (including other subsidiaries of the main economic companies) of the main economic companies of the said subsidiaries are no more than five percent of the proceeds for the previous four quarters from all types of activities carried out by them, information on the volume of which is placed in a single information system. (As amended by the Federal Laws of December 30, 2012 N 324-FZ, of December 28, 2013 N 396-FZ)

3. The procedure for determining the aggregate share of participation of the Russian Federation, the constituent entity of the Russian Federation, the municipality specified in paragraphs 1 and 2 of part 2 of this article of legal entities in the authorized capital of business companies, the procedure for notifying customers about a change in the aggregate share of such participation are approved by the federal executive body, authorized by the Government of the Russian Federation, in agreement with the federal executive body responsible for the development of state policy and legal regulation in the field of procurement of goods, works, services to meet state and municipal needs. (as amended by Federal Law No. 505-FZ of December 31, 2017)

4. This Federal Law does not regulate relations related to:

1) purchase and sale of securities, currency values, precious metals, as well as the conclusion of contracts that are derivative financial instruments (with the exception of contracts that are concluded outside the scope of exchange trading and the fulfillment of obligations under which involves the supply of goods); (as amended by Federal Law No. 160-FZ of July 2, 2013)

2) the purchase by the customer of exchange goods on a commodity exchange in accordance with the legislation on commodity exchanges and exchange trading;

3) the implementation by the customer of the procurement of goods, works, services in accordance with the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"; (as amended by Federal Law No. 396-FZ of December 28, 2013)

4) procurement in the field of military-technical cooperation;

5) procurement of goods, works, services in accordance with an international treaty of the Russian Federation, if such an agreement provides for a different procedure for determining suppliers (contractors, performers) of such goods, works, services;

6) the clause has become invalid. (as amended by Federal Law No. 401-FZ of December 6, 2011)

7) selection by the customer of an audit organization to conduct a mandatory audit of the accounting (financial) statements of the customer in accordance with Article 5 of the Federal Law of December 30, 2008 N 307-FZ "On Auditing".

8) the conclusion and execution of contracts in accordance with the legislation of the Russian Federation on the electric power industry, which are mandatory for participants in the market for the circulation of electric energy and (or) capacity; (as amended by Federal Law No. 505-FZ of December 31, 2017)

9) the implementation by a credit institution and the state corporation Bank for Development and Foreign Economic Affairs (Vnesheconombank) of leasing operations and interbank operations, including with foreign banks; (as amended by Federal Laws No. 160-FZ dated July 2, 2013, No. 470-FZ dated December 29, 2017)

10) determination, election and activities of a representative of bondholders in accordance with the legislation of the Russian Federation on securities. (As amended by Federal Law No. 379-FZ of December 21, 2013)

11) opening a separate account with the authorized bank by the head contractor for the supply of products under the state defense order, the contractor participating in the supply of products under the state defense order, and concluding agreements with the authorized bank on banking support of the accompanied transaction in accordance with the Federal Law of December 29, 2012 N 275-FZ "On the state defense order". (as amended by Federal Law No. 159-FZ of June 29, 2015)

12) execution by the customer of an agreement concluded with a foreign legal entity, the subject of which is the supply of goods, performance of work, provision of services outside the Russian Federation; (as amended by Federal Law No. 505-FZ of December 31, 2017)

13) the purchase by the customer of goods, works, services from legal entities that are recognized as interdependent persons with him in accordance with the Tax Code of the Russian Federation and the list of which is determined by the legal acts provided for by Part 1 of Article 2 of this Federal Law and regulating the procurement rules. Such legal acts indicate the rationale for inclusion in the specified list of each legal entity in accordance with the provisions of the Tax Code of the Russian Federation; (as amended by Federal Law No. 505-FZ of December 31, 2017)

14) the purchase of goods, works, services by a legal entity registered in the territory of a foreign state, in order to carry out its activities in the territory of a foreign state. (as amended by Federal Law No. 505-FZ of December 31, 2017)

5. The operation of this Federal Law, with regard to the specifics of procurement provided for in Article 3.1 of this Federal Law, also applies to legal entities that are defined in Part 2.1 of this Article, and to other legal entities not specified in this Article in the event that such legal entities implement investment projects, the cost (the amount of funding) which exceeds the value (not less than 10 billion rubles) established by the Government of the Russian Federation, and which receive state support provided for in Part 3 of Article 3.1 of this Federal Law (subject to inclusion of such projects in the register of investment projects). For the purposes of this Federal Law, procurement by these legal entities means the conclusion of contracts in respect of goods that meet the criteria approved by the Government of the Russian Federation on the basis of paragraph 2 of Part 6 of Article 3.1 of this Federal Law. (as amended by Federal Law No. 249-FZ of July 13, 2015)

Article 2. Legal basis for the procurement of goods, works, services

1. When purchasing goods, works, services, customers are guided by the Constitution of the Russian Federation, the Civil Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as those adopted in accordance with them and approved subject to the provisions of Part 3 of this articles of legal acts regulating the procurement rules (hereinafter referred to as the procurement regulations).

2. The Procurement Regulation is a document that regulates the procurement activities of the customer and must contain procurement requirements, including the procedure for preparing and conducting procurement procedures (including procurement methods) and the conditions for their application, the procedure for concluding and executing contracts, as well as other related securing the purchase position.

2.1. The federal executive body exercising the functions and powers of the founder of a budgetary institution, an autonomous institution, the federal executive body or an organization exercising the powers of the owner of the property of a unitary enterprise on behalf of the Russian Federation shall have the right to approve a model regulation on procurement, as well as determine budgetary institutions, autonomous institutions, state unitary enterprises for which the application of such a model procurement regulation is mandatory when they approve the procurement regulation or amend it. An executive body of a constituent entity of the Russian Federation, a local self-government body exercising the functions and powers of a founder of a budgetary institution of a constituent entity of the Russian Federation, an autonomous institution of a constituent entity of the Russian Federation, a municipal budgetary institution, a municipal autonomous institution, exercising the powers of the owner of the property of a state unitary enterprise of a constituent entity of the Russian Federation, a municipal unitary enterprise , or another body authorized by the highest executive body of state power of a constituent entity of the Russian Federation, local administration has the right to approve a standard provision on procurement, as well as to determine, respectively, budgetary institutions of a constituent entity of the Russian Federation, municipal budgetary institutions, autonomous institutions of a constituent entity of the Russian Federation, municipal autonomous institutions, state unitary enterprises subject of the Russian Federation, municipal unitary enterprises for which The adoption of such a model procurement regulation is mandatory when they approve the procurement regulation or make changes to it. (as amended by Federal Law No. 505-FZ of December 31, 2017)

2.2. The standard procurement regulation determines, among other things, the date before which the relevant budgetary institutions, autonomous institutions, unitary enterprises are required to amend the procurement regulation or approve a new procurement regulation in accordance with this standard provision. (as amended by Federal Law No. 505-FZ of December 31, 2017)

2.3. A standard procurement provision should contain the following information that is not subject to change during the development and approval by the relevant budgetary institutions, autonomous institutions, unitary enterprises:

1) the procedure for the preparation and (or) implementation of the procurement; (as amended by Federal Law No. 505-FZ of December 31, 2017)

2) procurement methods and conditions for their application; (as amended by Federal Law No. 505-FZ of December 31, 2017)

3) the term for concluding a contract based on the results of competitive procurement, established in accordance with this Federal Law. (as amended by Federal Law No. 505-FZ of December 31, 2017)

2.4. A model provision on procurement should provide for the specifics of the participation of small and medium-sized businesses in procurement, determined by the Government of the Russian Federation in accordance with paragraph 2 of part 8 of Article 3 of this Federal Law. (as amended by Federal Law No. 505-FZ of December 31, 2017)

2.5. The standard procurement regulation is posted in the unified information system by the relevant federal executive body, the executive authority of the constituent entity of the Russian Federation, the local self-government body or the organization that approved it, specified in Part 2.1 of this article, within fifteen days from the date of approval of the standard procurement regulation. (as amended by Federal Law No. 505-FZ of December 31, 2017)

2.6. If changes are made to the standard procurement regulation, such changes are mandatory for application by the relevant budgetary institutions, autonomous institutions, unitary enterprises, the procurement provisions of which are approved in accordance with the standard procurement regulation. (as amended by Federal Law No. 505-FZ of December 31, 2017)

2.7. Changes made to the model provision on procurement shall be posted in the unified information system by the federal executive body, the executive body of the constituent entity of the Russian Federation, the local government body or the organization specified in Part 2.1 of this article, which approved them, within fifteen days from the date of approval of such changes. When posting changes made to the standard procurement regulation, the period during which the relevant budgetary institutions, autonomous institutions, unitary enterprises are required to amend the procurement regulation or approve a new procurement regulation is indicated. At the same time, such a period cannot be less than fifteen days from the date of posting in the unified information system of changes made to the standard procurement regulation. (as amended by Federal Law No. 505-FZ of December 31, 2017)

3. The Procurement Regulation is approved:

1) the supreme governing body of a state corporation or state company if the customer is a state corporation or state company;

2) the head of a unitary enterprise if the customer is a state unitary enterprise or a municipal unitary enterprise;

3) the supervisory board of an autonomous institution if the contracting authority is an autonomous institution;

4) the board of directors (supervisory board) of a business company if the customer is a joint-stock company, or if the charter of the joint-stock company provides for the functions of the board of directors (supervisory board) to be carried out by the general meeting of shareholders of the company, the collegial executive body of the company, or in the absence of a collegial executive body by the general meeting of shareholders of the company; (as amended by Federal Law No. 26-FZ of March 12, 2014)

5) by a general meeting of participants in a limited liability company if the customer is a limited liability company, or if the approval of the procurement regulation is referred by the charter of the limited liability company to the competence of the board of directors (supervisory board) of the company or the collegial executive body of the company, the board of directors (supervisory board) of the company or the collegial executive body of the company; (as amended by Federal Law No. 26-FZ of March 12, 2014)

6) the body exercising the functions and powers of the founder of a budgetary institution, if the customer is a state budgetary institution or a municipal budgetary institution. (as amended by Federal Law No. 396-FZ of December 28, 2013)

7) the supervisory board of a public company, if the customer is a public company. (as amended by Federal Law No. 236-FZ of July 3, 2016)

4. The management bodies of the legal entities specified in clauses and part 2 of article 1 of this Federal Law shall have the right, in the manner prescribed by civil law, to decide on the accession of this legal entity to the procurement regulation approved by the management body of the legal entity specified in clause 1 of part 2 of Article 1 of this Federal Law, subject to the requirements established by Part 3 of this Article. Such a decision shall be placed in the manner provided for by Part 1 of Article 4 of this Federal Law. (as amended by Federal Law No. 505-FZ of December 31, 2017)

5. If changes are made to the procurement regulations of a legal entity specified in paragraph 1 of Part 2 of Article 1 of this Federal Law, the placement of such changes in the unified information system in the manner prescribed by Part 1 of Article 4 of this Federal Law shall be the basis for the affiliated legal entity make a decision to join such changes. The acceding legal entity shall make such a decision within fifteen days from the date of placement by the legal entity specified in Clause 1 of Part 2 of Article 1 of this Federal Law of amendments to the procurement regulation and shall place it in the manner prescribed by Part 1 of Article 4 of this Federal Law. (as amended by Federal Law No. 505-FZ of December 31, 2017)

Article 3. Principles and main provisions of the procurement of goods, works, services

1. When purchasing goods, works, services, customers are guided by the following principles:

1) information openness of the procurement;

2) equality, fairness, absence of discrimination and unreasonable restrictions on competition in relation to procurement participants;

3) targeted and cost-effective spending of funds for the purchase of goods, works, services (taking into account, if necessary, the cost of the life cycle of purchased products) and the implementation of measures aimed at reducing customer costs;

4) the absence of restrictions on admission to participation in the procurement by establishing non-measurable requirements for procurement participants.

2. A notice of a tender or auction shall be posted in accordance with Part 5 of Article 4 of this Federal Law at least twenty days before the deadline for filing applications for participation in the tender or auction. The person who offered the best conditions for the execution of the contract in accordance with the criteria and procedure for evaluating and comparing bids, which are established in the tender documentation on the basis of the procurement regulation, is recognized as the winner of the auction at the tender, the person who offered the lowest contract price or, if during the auction The auction price of the contract is reduced to zero and the auction is held for the right to conclude the contract, the highest contract price.

3. The procurement regulations may provide for other (apart from a tender or auction) methods of procurement. In this case, the customer is obliged to establish in the procurement regulation the procedure for procurement by the indicated methods.

4. The Government of the Russian Federation has the right to establish a list of goods, works, services, the procurement of which is carried out in electronic form.

5. A procurement participant can be any legal entity or several legal entities acting on the side of one procurement participant, regardless of the organizational and legal form, form of ownership, location and place of origin of capital, or any individual or several individuals acting on the side of one procurement participant, including an individual entrepreneur or several individual entrepreneurs acting on the side of one procurement participant who meet the requirements established by the customer in accordance with the procurement regulations.

5.1. Contracts for the supply of goods, performance of work, provision of services are concluded by the customer in accordance with the procurement plan (if information about such purchases is mandatory to be included in the procurement plan in accordance with the procedure for the formation of this plan adopted in accordance with Part 2 of Article 4 of this Federal Law), posted in a unified information system (if information on such purchases is subject to placement in a unified information system in accordance with this Federal Law), except in cases where the need for purchase arises due to an accident, other natural or man-made emergencies, force majeure, if urgent medical intervention is required , as well as to prevent the threat of the occurrence of these situations. (as amended by Federal Law No. 249-FZ of July 13, 2015)

6. It is not allowed to make requirements to the procurement participants, to the purchased goods, works, services, as well as to the conditions for the execution of the contract, and to evaluate and compare applications for participation in the procurement according to the criteria and in the manner that are not specified in the procurement documentation. The requirements for procurement participants, for goods, works, services to be purchased, as well as for the conditions for the execution of the contract, the criteria and procedure for evaluating and comparing applications for participation in the procurement, established by the customer, apply equally to all procurement participants, to the goods they offer , works, services, to the terms of the performance of the contract.

7. When purchasing, the customer has the right to establish a requirement that there is no information about the participants in the procurement in the register of unscrupulous suppliers provided for in Article 5 of this Federal Law, and (or) in the register of unscrupulous suppliers provided for by Federal Law No. 44-FZ of April 5, 2013 "On Contract system in the field of procurement of goods, works, services to meet state and municipal needs. (as amended by Federal Law No. 396-FZ of December 28, 2013)

8. The Government of the Russian Federation has the right to establish:

1) priority of goods of Russian origin, works, services performed, rendered by Russian persons, in relation to goods originating from a foreign state, works, services performed, rendered by foreign persons; (as amended by Federal Law No. 396-FZ of December 28, 2013)

2) features of the participation of small and medium-sized businesses in the procurement carried out by individual customers, the annual volume of purchases that these customers are required to make from such entities, the procedure for calculating the specified volume, as well as the form of the annual report on the purchase from small and medium-sized businesses and requirements for the content of this report. (as amended by Federal Law No. 396-FZ of December 28, 2013)

3) features of procurement by individual customers of audit services (with the exception of a mandatory audit of the accounting (financial) statements of the customer), as well as consulting services. (as amended by Federal Law No. 210-FZ of June 29, 2015)

8.1. In the event that the customer fails to fulfill the obligation to make purchases from small and medium-sized businesses during the calendar year in the amount established by the Government of the Russian Federation in accordance with paragraph 2 of part 8 of this article, or if false information is posted on the annual volume of purchases from such entities included in the report, stipulated by Part 21 of Article 4 of this Federal Law, or non-placement of the specified report in the unified information system, the provision on the purchase of such a customer from February 1 of the next year until the end of such year is recognized as not placed in accordance with the requirements of this Federal Law. In this case, the customer, when purchasing, is guided by the provisions of the Federal Law of April 5, 2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”. (as amended by Federal Law No. 396-FZ of December 28, 2013)

8.2. The Government of the Russian Federation claims:

1) a list of specific customers who are obliged to purchase innovative products, high-tech products, including from small and medium-sized businesses, the annual volume of such purchases or the procedure for establishing the specified annual volume for each specific customer, as well as the form of the annual report on the purchase of innovative products , high-tech products, including from small and medium-sized businesses, and the requirements for the content of this report; (as amended by Federal Law No. 156-FZ of June 29, 2015)

2) the procedure for the joint-stock company "Federal Corporation for the Development of Small and Medium Enterprises", operating as a development institution in the field of development of small and medium-sized businesses in accordance with the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium Entrepreneurship in the Russian Federation” (hereinafter referred to as the corporation for the development of small and medium-sized businesses), executive authorities of the constituent entities of the Russian Federation or organizations created by them:

a) monitoring the compliance of approved plans for the purchase of goods, works, services, plans for the purchase of innovative products, high-tech products, medicines, changes made to such plans, the annual report on the purchase from small and medium-sized businesses, the annual report on the purchase of innovative products, high-tech products (in terms of procurement from small and medium-sized businesses) to the requirements of the legislation of the Russian Federation, which provides for the participation of small and medium-sized businesses in the procurement, in relation to certain customers identified by the Government of the Russian Federation using a unified information system, the procedure for placing in a unified information system by such customers the specified plans, changes, annual reports for such monitoring, including repeated monitoring, as well as the procedure and terms for suspending the implementation of these plans by decision of the antimonopoly authority in the event of issuing a negative conclusions based on the results of such monitoring; (as amended by Federal Law No. 156-FZ of June 29, 2015)

b) assessing the compliance of draft plans for the procurement of goods, works, services, draft plans for the procurement of innovative products, high-tech products, medicines, draft amendments to such plans, prior to their approval, with the requirements of the legislation of the Russian Federation, providing for the participation of small and medium-sized businesses in the procurement , in relation to specific customers identified by the Government of the Russian Federation using a unified information system, the procedure for placement in a unified information system by such customers of these projects for such conformity assessment, including a repeated one, as well as the procedure and terms for suspending the implementation of these plans by decision of the antimonopoly authority in in case of issuing negative conclusions based on the results of such conformity assessment; (as amended by Federal Law No. 156-FZ of June 29, 2015)

3) the form of the section on the participation of small and medium-sized businesses in the procurement, contained in the plan for the procurement of goods, works, services of customers, determined by the Government of the Russian Federation in accordance with paragraph 2 of this part, and the requirements for the content of this section; (as amended by Federal Law No. 156-FZ of June 29, 2015)

4) the form of the section on the participation of small and medium-sized businesses in the procurement, contained in the plan for the procurement of innovative products, high-tech products, medicines of customers, determined by the Government of the Russian Federation in accordance with paragraph 2 of this part, and the requirements for the content of this section. (as amended by Federal Law No. 156-FZ of June 29, 2015)

9. The procurement participant has the right to appeal in court the actions (inaction) of the customer in the procurement of goods, works, services. The Corporation for the Development of Small and Medium Enterprises, executive authorities of the constituent entities of the Russian Federation or organizations created by them have the right to appeal in court the actions (inaction) of the customer in relation to small and medium-sized businesses. (as amended by Federal Law No. 156-FZ of June 29, 2015)

10. Any participant in the procurement has the right to appeal to the antimonopoly authority in the manner prescribed by Article 18.1 of the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition", taking into account the specifics established by this article, the actions (inaction) of the customer, the commission for the implementation procurement, the operator of the electronic site when purchasing goods, works, services, if such actions (inaction) violate the rights and legitimate interests of the procurement participant. An appeal is carried out in the following cases:

1) the purchase by the customer in violation of the requirements of this Federal Law and (or) the procedure for the preparation and (or) implementation of the purchase contained in the regulation on the purchase of such a customer approved and posted in the unified information system; (as amended by Federal Law No. 505-FZ of December 31, 2017)

2) the clause has become invalid. (as amended by Federal Law No. 505-FZ of December 31, 2017)

3) non-posting in the unified information system of the procurement provision, changes made to the specified provision, information on procurement, information and documents on contracts concluded by customers as a result of the procurement, as well as other information subject to placement in the unified information system in accordance with this Federal Law; system, or violation of the terms of such placement; (as amended by Federal Law No. 505-FZ of December 31, 2017)

4) presentation of requirements to procurement participants that are not provided for by the competitive procurement documentation; (as amended by Federal Law No. 505-FZ of December 31, 2017)

5) implementation by customers of the procurement of goods, works, services in the absence of a procurement provision approved and posted in a single information system and without applying the provisions of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services for provision of state and municipal needs” provided for by Part 8.1 of this Article, Part 5 of Article 8 of this Federal Law, including violation of the procedure for applying these provisions; (as amended by Federal Law No. 505-FZ of December 31, 2017)

6) non-posting in the unified information system of information or posting false information on the annual volume of purchases that customers are required to make from small and medium-sized businesses. (as amended by Federal Law No. 505-FZ of December 31, 2017)

11. If the contested actions (inaction) are committed by the customer, the procurement commission, the operator of the electronic site after the expiration of the deadline for filing applications for participation in the procurement established in the competitive procurement documentation, such actions (inaction) can be appealed only by the procurement participant, who applied for participation in the procurement. (as amended by Federal Law No. 505-FZ of December 31, 2017)

12. In the antimonopoly body in accordance with the procedure established by Article 18.1 of Federal Law No. 135-FZ of July 26, 2006 "On Protection of Competition", in the cases specified in paragraphs 1, 4 - 6 of Part 10 of this Article, and also taking into account the specifics established this article may be appealed:

1) by the corporation for the development of small and medium-sized businesses, the actions (inaction) of customers in respect of which this corporation conducts compliance monitoring or conformity assessment provided for in Article 5.1 of this Federal Law, when purchasing goods, works, services, if such actions (inaction) violate rights and legitimate interests of small and medium-sized businesses; (as amended by Federal Law No. 505-FZ of December 31, 2017)

2) by the executive authorities of the constituent entities of the Russian Federation or organizations created by them, actions (inaction) of customers in respect of which the executive authorities of the constituent entities of the Russian Federation or organizations created by them monitor compliance or assess compliance, provided for in Article 5.1 of this Federal Law, when purchasing goods, works services in the event that such actions (inaction) violate the rights and legitimate interests of small and medium-sized businesses. (as amended by Federal Law No. 505-FZ of December 31, 2017)

13. Consideration of a complaint by the antimonopoly body should be limited only to the arguments that are the subject of the appeal. (as amended by Federal Law No. 505-FZ of December 31, 2017)

Article 3.1. Features of procurement at the expense of funds provided for the implementation of investment projects included in the register of investment projects

1. The features provided for by this article shall apply to procurements carried out:

1) customers - state corporations, state companies, business entities, in the authorized capital of which the share of participation of the Russian Federation exceeds 50 percent, at the expense of funds provided for the implementation of investment projects, the cost of which exceeds the amount (at least 10 billion rubles) established by the Government of the Russian Federation Federation (subject to inclusion of such projects in the register of investment projects);

2) other customers not specified in paragraph 1 of this part, or legal entities specified in part 5 of article 1 of this Federal Law, at the expense of funds provided for the implementation of investment projects, the cost of which exceeds the amount (at least 10 billion rubles) established The Government of the Russian Federation, and to which state support is provided, provided for in paragraph 3 of this article (subject to the inclusion of such projects in the register of investment projects).

2. The features specified in this article do not apply to procurement:

1) carried out by legal entities in accordance with the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs";

2) goods, works, services at the expense of funds provided for the implementation of investment projects, subject to the implementation of such projects outside the territory of the Russian Federation and other territories under the jurisdiction of the Russian Federation, or in accordance with interstate agreements and intergovernmental agreements of the Russian Federation.

3. For the purposes of this Federal Law, an investment project that receives state support is recognized as an investment project, within the framework of which the obligations of the customer or the legal entity specified in Part 5 of Article 1 of this Federal Law are secured by a state guarantee of the Russian Federation (including loans attracted by such a customer, such a legal entity, selected in the manner established by the Government of the Russian Federation for the purposes of project financing) and (or) whose financial support is carried out in full or in part (in the amount of at least 10 percent of the cost of the investment project) at the expense of :

1) the federal budget provided in the form of budget investments or subsidies;

2) the National Welfare Fund, placed in the manner prescribed by the budgetary legislation of the Russian Federation;

3) State Corporation "Bank for the Development of Foreign Economic Affairs (Vnesheconombank)".

4. The procedure for selecting the investment projects specified in Part 1 of this Article for inclusion in the register of investment projects and the procedure for maintaining such a register shall be established by the Government of the Russian Federation. This register is maintained by the federal executive body authorized by the Government of the Russian Federation.

5. In order to ensure coordinated actions of the federal executive authorities and promptly resolve issues related to the creation of conditions for the timely and complete satisfaction of the needs of customers and legal entities specified in Part 5 of Article 1 of this Federal Law in engineering products, the Government of the Russian Federation creates a coordinating body (hereinafter referred to as the coordinating body of the Government of the Russian Federation), whose powers are established by an act of the Government of the Russian Federation, taking into account the provisions of part 8 of this article.

6. The Government of the Russian Federation approves:

1) regulations on the coordinating body of the Government of the Russian Federation and the composition of the coordinating body;

2) the criteria for classifying goods as engineering products for the purposes of this Federal Law, the unit price of such products, above which information about such products is included in the lists of prospective needs for engineering products formed by customers or legal entities specified in Part 5 of Article 1 of this Federal Law necessary for the implementation of the investment projects provided for by part 1 of this article (hereinafter referred to as the lists), as well as the procedure for determining the unit price of such products by customers or the specified legal entities when compiling the lists.

7. The Government of the Russian Federation has the right to determine:

1) certain types of engineering products that are included in the lists in accordance with paragraph 2 of part 6 of this article and the purchase of which cannot be carried out by customers or legal entities specified in part 5 of article 1 of this Federal Law without coordinating the performance characteristics of such products with the coordination body of the Government of the Russian Federation;

2) certain types of engineering products that are included in the lists in accordance with clause 2 of part 6 of this article and the purchase of which cannot be carried out by customers or legal entities specified in part 5 of article 1 of this Federal Law outside the territory of the Russian Federation without agreeing on the possibility implementation of such a purchase with the coordinating body of the Government of the Russian Federation.

8. The coordinating body of the Government of the Russian Federation, among other things, has the right to:

1) make decisions binding on customers or legal entities specified in Part 5 of Article 1 of this Federal Law on the need for them to post lists in a single information system;

2) determine specific purchases, information about which does not constitute a state secret, but is not subject to placement in a single information system when implementing investment projects specified in part 1 of this article (unless a decision has been made by the Government of the Russian Federation in relation to such purchases in accordance with paragraph 1

3) determine specific types of engineering products that are included in the lists and information about the purchase of which does not constitute a state secret, but is not subject to placement in a single information system when implementing investment projects specified in part 1 of this article (if in relation to such types (groups) products, the Government of the Russian Federation has not made a decision in accordance with clause 2 of part 16 of Article 4 of this Federal Law);

4) to coordinate the activities of federal executive bodies related to the development of state programs of the Russian Federation, federal target programs, other documents of strategic and program-targeted planning of the Russian Federation in order to create conditions for the timely and complete satisfaction of the needs of customers or legal entities specified in part 5 of the article 1 of this Federal Law, in engineering products, including taking into account the lists submitted by customers or such legal entities, or amendments to these programs and documents.

9. When implementing investment projects provided for by Part 1 of this Article, customers or legal entities specified in Part 5 of Article 1 of this Federal Law:

1) draw up lists in accordance with part 11 of this article for a period of at least five years or for the period of implementation of such investment projects and submit them for consideration to the coordinating body of the Government of the Russian Federation;

2) form, if necessary, changes to be made to the specified lists, and submit these changes for consideration to the coordinating body of the Government of the Russian Federation.

10. Prior to submitting lists, changes to these lists to the coordinating body of the Government of the Russian Federation:

1) when implementing the investment projects referred to in paragraph 1 of this article, customers are not entitled to include in the procurement plans the engineering products to be included in the lists in accordance with paragraph 11 of this article, and to purchase them;

2) the legal entities specified in Part 5 of Article 1 of this Federal Law are not entitled to purchase engineering products to be included in the lists in accordance with Part 11 of this Article.

11. The lists must contain information on engineering products that are necessary for the implementation of the investment project specified in part 1 of this article, if the unit price of such products exceeds the value determined by the Government of the Russian Federation in accordance with part 6 of this article, as well as information on engineering products (regardless of the price of a unit of such products), which is necessary for the implementation of such an investment project and the development of production in the territory of the Russian Federation is recommended by the customer or the legal entity specified in Part 5 of Article 1 of this Federal Law.

12. Information included in the lists in accordance with part 11 of this article must contain:

1) name of engineering products;

2) performance characteristics, estimated quantity and estimated price of such products;

3) the planned term for concluding the contract (one year) and the planned term for the delivery of such products (one year);

4) information about the intended suppliers of such products (if such information is available);

5) information that such products originate from foreign states, a group of foreign states, including certain types of such products that the customer or the legal entity specified in Part 5 of Article 1 of this Federal Law recommends for production on the territory of the Russian Federation ;

6) information that the customer or the legal entity specified in Part 5 of Article 1 of this Federal Law plans to purchase such products from a single supplier;

7) information that when purchasing such products by the customer or the legal entity specified in Part 5 of Article 1 of this Federal Law, additional requirements will be established for procurement participants on the creation or modernization and (or) development of the production of engineering products on the territory of the Russian Federation with these additional requirements.

Article 4. Procurement information support

1. Regulations on procurement, changes made to the specified provision are subject to mandatory placement in the unified information system no later than within fifteen days from the date of approval. (as amended by Federal Law No. 396-FZ of December 28, 2013)

2. The customer places in a single information system a plan for the purchase of goods, works, services for a period of at least one year. The procedure for the formation of a plan for the procurement of goods, works, services, the procedure and terms for posting such a plan on the official website, the requirements for the form of such a plan are established by the Government of the Russian Federation. (as amended by Federal Law No. 396-FZ of December 28, 2013)

3. The plan for the purchase of innovative products, high-tech products, medicines is placed by the customer in a single information system for a period of five to seven years. (as amended by Federal Law No. 396-FZ of December 28, 2013)

3.1. The plan for the procurement of goods, works, services of customers determined by the Government of the Russian Federation in accordance with Clause 2 of Part 8.2 of Article 3 of this Federal Law must contain a section on the purchase from small and medium-sized businesses in accordance with the lists of goods, works, services approved by such customers, which are purchased from such entities. (as amended by Federal Law No. 156-FZ of June 29, 2015)

3.2. The plan for the procurement of innovative products, high-tech products, medicines of customers determined by the Government of the Russian Federation in accordance with clauses and part 8.2 of Article 3 of this Federal Law must contain a section on procurement from small and medium-sized businesses in accordance with the list of goods, works approved by the customer, services purchased from such entities. (as amended by Federal Law No. 156-FZ of June 29, 2015)

3.3. The plan for the procurement of goods, works, services of specific customers, determined by the Government of the Russian Federation in accordance with clause 1 of part 8.2 of Article 3 of this Federal Law, must contain a list of innovative products, high-tech products purchased from small and medium-sized businesses in the annual volume determined by the Government of the Russian Federation. Federation in accordance with paragraph 1 (as amended by the Federal Law of June 29, 2015 N 156-FZ)

4. The criteria for classifying goods, works, services as innovative products and (or) high-tech products for the purposes of forming a plan for the purchase of such products are established by the federal executive authorities exercising the functions of legal regulation in the established field of activity, as well as the State Atomic Energy Corporation Rosatom, taking into account the priority areas for the development of science, technology and technology in the Russian Federation approved by the President of the Russian Federation and the list of critical technologies of the Russian Federation. (as amended by Federal Law No. 156-FZ of June 29, 2015)

4.1. Customers, on the basis of the criteria provided for by part 4 of this article, establish:

1) a list of goods, works, services that meet the criteria for classifying innovative products, high-tech products; (as amended by Federal Law No. 156-FZ of June 29, 2015)

2) provisions on the procedure and rules for the use (introduction) of goods, works, services that meet the criteria for classifying innovative products, high-tech products. (as amended by Federal Law No. 156-FZ of June 29, 2015)

5. During the procurement, the unified information system shall contain information on procurement, including a procurement notice, procurement documentation, a draft contract, which is an integral part of the procurement notice and procurement documentation, changes made to such a notice and such documentation, explanations of such documentation, protocols drawn up during the procurement, as well as other information, the placement of which in the unified information system is provided for by this Federal Law and the procurement regulations, except for the cases provided for by Parts 15 and 16 of this Article. If, during the conclusion and execution of the contract, the volume, price of the purchased goods, works, services or terms of the contract are changed in comparison with those specified in the protocol drawn up on the basis of the results of the procurement, no later than within ten days from the date of making changes to the contract in a single the information system contains information about the change in the contract indicating the changed conditions. (as amended by Federal Law No. 396-FZ of December 28, 2013)

6. Procurement regulations may provide for other additional information to be posted in the unified information system. (as amended by Federal Law No. 396-FZ of December 28, 2013)

7. The customer is additionally entitled to place the information specified in this article on the customer's website in the Internet information and telecommunication network.

8. A notice of procurement, including a notice of an open tender or an open auction, is an integral part of the procurement documentation. The information contained in the procurement notice must correspond to the information contained in the procurement documentation.

9. The notice of purchase must contain, among other things, the following information:

1) method of procurement (open tender, open auction or other method provided for by the procurement regulations);

2) name, location, postal address, e-mail address, contact telephone number of the customer;

3) the subject of the contract, indicating the quantity of goods supplied, the volume of work performed, services rendered;

4) place of delivery of goods, performance of work, provision of services;

6) the term, place and procedure for the provision of procurement documentation, the amount, procedure and terms for paying the fee charged by the customer for the provision of documentation, if such a fee is established by the customer, except for cases of providing documentation in the form of an electronic document;

7) the place and date of consideration of the proposals of the procurement participants and summarizing the results of the procurement.

10. The procurement documentation must contain the information specified in the procurement regulation, including:

1) requirements for safety, quality, technical characteristics, functional characteristics (consumer properties) of goods, work, services, dimensions, packaging, shipment of goods, results of work established by the customer and provided for by technical regulations in accordance with the legislation of the Russian Federation on technical regulation , documents developed and applied in the national standardization system, adopted in accordance with the legislation of the Russian Federation on standardization, other requirements related to determining the compliance of the supplied goods, work performed, services provided with the needs of the customer. If the customer in the procurement documentation does not use the requirements established in accordance with the legislation of the Russian Federation on technical regulation, the legislation of the Russian Federation on standardization for safety, quality, technical characteristics, functional characteristics (consumer properties) of goods, works, services, dimensions, packaging, shipment of goods, to the results of work, the procurement documentation should contain a justification for the need to use other requirements related to determining the compliance of the supplied goods, work performed, services provided with the needs of the customer; (as amended by Federal Law No. 104-FZ of April 5, 2016)

2) requirements for the content, form, execution and composition of the application for participation in the procurement;

3) requirements for the description by the procurement participants of the supplied goods, which are the subject of procurement, its functional characteristics (consumer properties), its quantitative and qualitative characteristics, the requirements for the description by the procurement participants of the work performed, the service provided, which are the subject of procurement, their quantitative and qualitative characteristics ;

4) place, conditions and terms (periods) of delivery of goods, performance of work, provision of services;

5) information on the initial (maximum) contract price (lot price);

6) the form, terms and procedure for payment for goods, work, services;

7) the procedure for forming the price of the contract (price of the lot) (with or without taking into account the costs of transportation, insurance, payment of customs duties, taxes and other obligatory payments);

8) the procedure, place, start date and end date of the deadline for filing applications for participation in the procurement;

9) requirements for procurement participants and a list of documents submitted by procurement participants to confirm their compliance with the established requirements;

10) forms, procedure, start date and end date of the period for providing the procurement participants with clarifications of the provisions of the procurement documentation;

11) the place and date of consideration of the proposals of the procurement participants and summing up the results of the procurement;

12) criteria for evaluation and comparison of applications for participation in the procurement;

13) the procedure for evaluating and comparing applications for participation in the procurement.

11. Changes made to the notice of purchase, the purchase documentation, clarifications of the provisions of such documentation are posted by the customer in the unified information system no later than within three days from the date of the decision to make these changes, the provision of these clarifications. If the purchase is carried out by bidding and changes in the notice of purchase, the purchase documentation are made by the customer later than fifteen days before the deadline for filing applications for participation in the purchase, the deadline for filing applications for participation in such a purchase must be extended so that from the date of placement in the unified information system of the changes made to the notice of procurement, procurement documentation until the deadline for filing applications for participation in the procurement, such a period was at least fifteen days. (as amended by Federal Law No. 396-FZ of December 28, 2013)

12. The protocols drawn up during the procurement are posted by the customer in a single information system no later than three days from the date of signing such protocols. (as amended by Federal Law No. 396-FZ of December 28, 2013)

13. If, in the course of maintaining the unified information system by the federal executive body authorized to maintain the unified information system, technical or other problems occur that block access to the unified information system for more than one working day, the information to be placed in the unified information system in in accordance with this Federal Law and the procurement regulations, is placed by the customer on the customer's website with its subsequent placement in the unified information system within one business day from the date of elimination of technical or other problems blocking access to the unified information system, and is considered to be placed in the prescribed manner. (as amended by Federal Law No. 396-FZ of December 28, 2013)

14. Placed in the unified information system and on the customer's website in accordance with this Federal Law and procurement regulations, information on procurement, procurement regulations, procurement plans must be available for review without charging a fee. (as amended by Federal Law No. 396-FZ of December 28, 2013)

15. Information on the procurement of goods, works, services, on the conclusion of contracts constituting a state secret, as well as information on procurement, on which a decision of the Government of the Russian Federation was made in accordance with part 16 of this article, is not subject to placement in the unified information system. The customer has the right not to post the following information in the unified information system:

1) on the purchase of goods, works, services, the cost of which does not exceed one hundred thousand rubles. If the annual revenue of the customer for the reporting financial year is more than five billion rubles, the customer has the right not to place in the unified information system information on the purchase of goods, works, services, the cost of which does not exceed five hundred thousand rubles; (as amended by Federal Law No. 505-FZ of December 31, 2017)

2) on the procurement of services for attracting deposits (including the placement of deposits) of funds of organizations, obtaining loans and borrowings, trust management of funds and other property, issuing bank guarantees and guarantees providing for the fulfillment of obligations in cash, opening and maintaining accounts, including letters of credit, on the purchase of brokerage services, services of depositories; (as amended by Federal Law No. 505-FZ of December 31, 2017)

3) on procurement related to the conclusion and execution of a contract of sale, lease (sublease), an agreement on trust management of state or municipal property, another agreement providing for the transfer of ownership and (or) use rights in relation to real estate. (as amended by Federal Law No. 505-FZ of December 31, 2017)

16. The Government of the Russian Federation has the right to determine:

1) a specific procurement, information about which does not constitute a state secret, but is not subject to placement in a single information system; (as amended by Federal Law No. 396-FZ of December 28, 2013)

2) lists and (or) groups of goods, works, services, information on the purchase of which does not constitute a state secret, but is not subject to placement in a single information system. (as amended by Federal Law No. 396-FZ of December 28, 2013)

3) a list of grounds for non-placement in the unified information system of information about the supplier (contractor, performer) with whom the contract was concluded. (as amended by Federal Law No. 481-FZ of December 31, 2017)

4) lists and (or) groups of goods, works, services, the procurement of which is carried out by specific customers, information on the procurement of which does not constitute a state secret, but is not subject to placement in a single information system. (as amended by Federal Law No. 505-FZ of December 31, 2017)

17. The procedure for the preparation and adoption of acts of the Government of the Russian Federation in accordance with part 16 of this article is established by the Government of the Russian Federation.

18. Placement by customers in the unified information system of information on procurement is carried out free of charge. The procedure for placing information on procurement in the unified information system is established by the Government of the Russian Federation. The procedure for registering customers in a unified information system is established by the federal executive body authorized by the Government of the Russian Federation to maintain a unified information system. (as amended by Federal Law No. 396-FZ of December 28, 2013)

18.1. The federal executive body exercising law enforcement functions for cash services for the execution of budgets of the budget system of the Russian Federation ensures that a register of customers registered in a single information system is maintained in a single information system. The procedure for maintaining the said register, including the information and documents included in it, the terms for posting such information and documents in the said register shall be established by the Government of the Russian Federation. (as amended by Federal Law No. 505-FZ of December 31, 2017)

19. The customer, no later than the 10th day of the month following the reporting month, places in the unified information system:

1) information on the number and total cost of contracts concluded by the customer as a result of the procurement of goods, works, services;

2) information on the number and total cost of contracts concluded by the customer as a result of procurement from a single supplier (executor, contractor);

3) information on the number and total cost of contracts concluded by the customer as a result of procurement, information about which constitutes a state secret or in respect of which decisions of the Government of the Russian Federation have been made in accordance with part 16 of this article;

4) information on the number and total cost of contracts concluded by the customer as a result of the purchase from small and medium-sized businesses, indicating information on the quantity, on the total cost of contracts providing for the purchase by specific customers, determined by the Government of the Russian Federation, of innovative products, high-tech products from such entities in the annual amount determined in accordance with clause 1 of part 8.2 of Article 3 of this Federal Law. (As amended by the Federal Laws of December 28, 2013 N 396-FZ, of June 29, 2015 N 156-FZ)

20. The procedure for placing the unified information system with the information provided for by Part 2.1 of Article 1 of this Federal Law, and the requirements for such information are established by the Government of the Russian Federation. Before the entry into force of this procedure, the information provided for by Part 2.1 of Article 1 of this Federal Law shall be posted on the websites of legal entities specified in Part 2.1 of Article 1 of this Federal Law. (As amended by the Federal Laws of December 30, 2012 N 324-FZ, of December 28, 2013 N 396-FZ)

21. Information on the annual volume of purchases that customers are required to make from small and medium-sized businesses is posted in a single information system no later than February 1 of the year following the past calendar year. (as amended by Federal Law No. 396-FZ of December 28, 2013)

22. Legal entities specified in Part 2 of Article 1 of this Federal Law are entitled to create corporate information systems in the field of procurement of goods, works, services that interact with a single information system (hereinafter referred to as corporate information systems). (as amended by Federal Law No. 505-FZ of December 31, 2017)

23. The following requirements are imposed on the interaction of corporate information systems with a unified information system:

1) the procedure for the formation of electronic documents to be placed in corporate information systems, information technologies and technical means used in the creation and operation of these systems should ensure the possibility of interaction between corporate information systems and a single information system. If the formation of such electronic documents is carried out in corporate information systems, the calculation of the terms for placing such electronic documents in the unified information system provided for by this Federal Law begins from the moment of fixing the time of receipt of such electronic documents in the unified information system; (as amended by Federal Law No. 505-FZ of December 31, 2017)

2) in corporate information systems in accordance with the procedure for using a unified information system, the establishment of which is provided for by Part 6 of Article 4 of Federal Law No. needs”, directories, registers and classifiers used in a unified information system are subject to application; (as amended by Federal Law No. 505-FZ of December 31, 2017)

3) the exchange of information between corporate information systems and the unified information system, the methods, timing (periodicity) of information transfer via secure communication channels within the framework of this exchange are determined by the procedure for using the unified information system, the establishment of which is provided for by Part 6 of Article 4 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"; (as amended by Federal Law No. 505-FZ of December 31, 2017)

4) electronic documents transferred from corporate information systems to a single information system are signed with an electronic signature. (as amended by Federal Law No. 505-FZ of December 31, 2017)

24. Regional and municipal information systems in the field of procurement, created in accordance with Part 7 of Article 4 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" and interacting with the unified information system may provide the possibility of posting information that is subject to placement in the unified information system in accordance with this Federal Law. (as amended by Federal Law No. 505-FZ of December 31, 2017)

25. In the event that information on competitive procurement posted in corporate information systems in the field of procurement of goods, works, services, regional and municipal information systems in the field of procurement does not correspond to information about this procurement posted in a single information system, priority is given to information placed in a single information system. (as amended by Federal Law No. 505-FZ of December 31, 2017)

Article 4.1. Register of contracts concluded by customers (as amended by the Federal Law of December 28, 2013 N 396-FZ)

1. The federal executive body exercising law enforcement functions for cash services for the execution of budgets of the budget system of the Russian Federation ensures that a register of contracts concluded by customers as a result of procurement is maintained in a unified information system (hereinafter referred to as the register of contracts). The procedure for maintaining the specified register, including the information and documents on procurement included in it, the terms for posting such information and documents in the specified register, are established by the Government of the Russian Federation.

2. Within three working days from the date of conclusion of the contract, customers enter the information and documents established by the Government of the Russian Federation in accordance with part 1 of this article into the register of contracts. If changes have been made to the contract, the customers shall enter into the register of contracts such information and documents in respect of which the changes have been made. Information on the results of the execution of the contract is entered by customers into the register of contracts within ten days from the date of execution, amendment or termination of the contract.

3. The register of agreements shall not include information and documents that, in accordance with this Federal Law, are not subject to placement in a unified information system.

Article 5. Register of dishonest suppliers

1. The register of unscrupulous suppliers is maintained by the federal executive body authorized by the Government of the Russian Federation in a unified information system. (as amended by Federal Law No. 396-FZ of December 28, 2013)

2. The register of unscrupulous suppliers includes information about procurement participants who evaded concluding contracts, as well as about suppliers (executors, contractors) with whom contracts were terminated by a court decision due to a material breach of contracts by them.

3. The list of information included in the register of unscrupulous suppliers, the procedure for customers to send information about unscrupulous procurement participants, suppliers (performers, contractors) to the federal executive body authorized to maintain the register of unscrupulous suppliers, the procedure for maintaining the register of unscrupulous suppliers, requirements for technological, software , linguistic, legal and organizational means to ensure the maintenance of the register of unscrupulous suppliers are established by the Government of the Russian Federation.

4. The information contained in the register of unscrupulous suppliers should be available for review in a single information system without charging a fee. (as amended by Federal Law No. 396-FZ of December 28, 2013)

5. The information contained in the register of unscrupulous suppliers, after two years from the date of their entry into the register of unscrupulous suppliers, shall be excluded from this register.

6. The inclusion of information about the procurement participant who evaded the conclusion of the contract, about the supplier (executor, contractor) with whom the contract was terminated due to a material breach of the contract, in the register of unscrupulous suppliers or the content of such information in the register of unscrupulous suppliers may be appealed by an interested person judicially.

Article 5.1. Conducting conformity assessment and monitoring of compliance of procurement plans, drafts of such plans, changes made to such plans, draft changes to such plans, annual reports with the requirements of the legislation of the Russian Federation, providing for the participation of small and medium-sized businesses in the procurement (as amended by the Federal Law dated 06/29/2015 N 156-FZ)

1. Assessment of compliance with the requirements of the legislation of the Russian Federation, providing for the participation of small and medium-sized businesses in the procurement, in the manner determined by the Government of the Russian Federation in accordance with clause 2 of part 8.2 of Article 3 of this Federal Law, using a unified information system (hereinafter referred to as conformity assessment) subject to a draft plan for the procurement of goods, works, services, a draft plan for the procurement of innovative products, high-tech products, medicines, draft amendments to such plans, if they provide for a change in the section on the participation of small and medium-sized businesses in the procurement, before approval such plans, changes made to such plans by specific customers, the list of which is established by the Government of the Russian Federation in accordance with clause 2 of part 8.2 of Article 3 of this Federal Law.

2. Monitoring compliance with the requirements of the legislation of the Russian Federation, providing for the participation of small and medium-sized businesses in the procurement, in the manner determined by the Government of the Russian Federation in accordance with clause 2 of part 8.2 of Article 3 of this Federal Law, using a unified information system (hereinafter referred to as compliance monitoring) subject to the approved plan for the purchase of goods, works, services, the plan for the purchase of innovative products, high-tech products, medicines, changes made to such plans, if they provide for a change in the section on the participation of small and medium-sized businesses in the purchase, the annual report on the purchase from small and medium-sized businesses, an annual report on the purchase of innovative products, high-tech products (in terms of purchases from small and medium-sized businesses) of individual customers determined by the Government of the Russian Federation in accordance with Clause 2 of Part 8.2 of Article 3 of this Federal Law.

3. Conformity assessment is carried out:

1) by the corporation for the development of small and medium-sized businesses in relation to draft plans for the purchase of goods, works, services, draft plans for the purchase of innovative products, high-tech products, draft changes to such plans prepared by specific customers determined by the Government of the Russian Federation in accordance with paragraph 2

2) executive authorities of the constituent entities of the Russian Federation or organizations created by them in relation to draft plans for the purchase of goods, works, services, draft plans for the purchase of innovative products, high-tech products, medicines, draft changes to such plans prepared by specific customers determined by the Government of the Russian Federation Federation in accordance with clause 2 of part 8.2 of Article 3 of this Federal Law.

4. Compliance monitoring is carried out:

1) by the corporation for the development of small and medium-sized businesses in relation to approved plans for the purchase of goods, works, services, plans for the purchase of innovative products, high-tech products, medicines, changes made to such plans, as well as annual reports on the purchase of goods, works, services from entities small and medium-sized businesses, annual reports on the purchase of innovative products, high-tech products (in terms of purchases from small and medium-sized businesses) prepared by individual customers determined by the Government of the Russian Federation in accordance with paragraph 2 of part 8.2 of Article 3 of this Federal Law;

2) executive authorities of the constituent entities of the Russian Federation or organizations created by them in relation to approved plans for the purchase of goods, works, services, plans for the purchase of innovative products, high-tech products, medicines, changes made to such plans, as well as annual reports on the purchase of goods, works , services from small and medium-sized businesses, annual reports on the purchase of innovative products, high-tech products (in terms of purchases from small and medium-sized businesses) prepared by individual customers determined by the Government of the Russian Federation in accordance with paragraph 2 of part 8.2 of Article 3 of this Federal Law .

5. The subject of conformity assessment and monitoring of compliance with the approved plan for the procurement of goods, works, services or a draft of such a plan are:

1) compliance with the annual volume of purchases established by the Government of the Russian Federation, which is planned to be carried out based on the results of the purchase, the participants of which are only small and medium-sized businesses, as well as the annual volume of purchases of innovative products, high-tech products (in terms of purchases from small and medium-sized businesses);

2) compliance of the section of the plan for the procurement of goods, works, services, which provides for the implementation of procurement from small and medium-sized businesses, the draft of such a plan with the list of goods, works, services approved by the customer, the purchase of which is carried out from small and medium-sized businesses. At the same time, the absence of such a list approved by the customer is the basis for sending this customer a notification provided for in part 10 of this article.

6. The subject of compliance assessment and compliance monitoring of the approved plan for the purchase of innovative products, high-tech products, medicines or a project of such a plan is compliance with the annual volume of purchases of innovative products, high-tech products established by the Government of the Russian Federation, which are planned to be carried out by specific customers determined by the Government of the Russian Federation in accordance with with paragraph 1

7. The subject of conformity assessment and compliance monitoring of approved changes to the procurement plan for goods, works, services, providing for a change in the section on the participation of small and medium-sized businesses in the procurement, or a draft of such changes are:

1) compliance with the annual volume of purchases previously established in the plan for the purchase of goods, works, services, which is planned to be carried out based on the results of the purchase, the participants of which are only small and medium-sized businesses, as well as the annual volume of purchases of innovative products, high-tech products (in terms of purchases from entities small and medium enterprises);

2) compliance of the section of the plan for the procurement of goods, works, services, which provides for the implementation of procurement from small and medium-sized businesses, the draft of such a plan with the list of goods, works, services approved by the customer, the purchase of which is carried out from small and medium-sized businesses. At the same time, the absence of a list of goods, works, services approved by the customer, the purchase of which is carried out from small and medium-sized businesses, is the basis for sending this customer a notification provided for in part 10 of this article.

8. The subject of compliance assessment and compliance monitoring of approved changes to the procurement plan for innovative products, high-tech products, medicines, which provide for a change in the section on the participation of small and medium-sized businesses in the procurement, or a draft of such changes is compliance with the annual volume of procurement of innovative products established by the Government of the Russian Federation, high-tech products that are planned to be sold by specific customers determined by the Government of the Russian Federation in accordance with paragraph 1 of part 8.2 of Article 3 of this Federal Law, from small and medium-sized businesses.

9. The subject of monitoring of the annual report on the purchase from small and medium-sized businesses, the annual report on the purchase of innovative products, high-tech products (in terms of purchases from small and medium-sized businesses) is compliance with:

1) the annual volume of purchases established by the Government of the Russian Federation from small and medium-sized businesses, the annual volume of purchases of innovative products, high-tech products (in terms of purchases from small and medium-sized businesses);

2) requirements established by the Government of the Russian Federation for the content of such annual reports.

10. Based on the results of conformity assessment or monitoring of compliance, a conclusion is issued on compliance (positive opinion) or a notice of non-compliance (notification) of the approved procurement plan for goods, works, services, the procurement plan for innovative products, high-tech products, medicines, changes made to such plans , drafts of such plans, draft amendments to such plans, annual report on the purchase from small and medium-sized businesses, annual report on the purchase of innovative products, high-tech products (in terms of purchases from small and medium-sized businesses).

11. If a notice is issued to the customer, such customer is obliged to eliminate, within the period established by the Government of the Russian Federation in accordance with clause 2 of part 8.2 of Article 3 of this Federal Law, the discrepancy indicated in the notice and place in the unified information system the changes made to the plan for the purchase of goods, works, services, a plan for the procurement of innovative products, high-tech products, medicines, a draft of such plans, a draft of changes to such plans, or in the cases provided for in clause 2 of part 5 or clause 2 of part 7 of this article, place in the unified information system the approved by the customer, a list of goods, works, services, the purchase of which is carried out from small and medium-sized businesses.

12. It is allowed to re-place in the unified information system the annual report on the purchase from small and medium-sized businesses, the annual report on the purchase of innovative products, high-tech products (in terms of procurement from small and medium-sized businesses) for compliance monitoring if, when compiling annual report, a technical error (typo, typographical error, grammatical or arithmetic error, or similar error) has been made.

13. Re-assessment of compliance or monitoring of compliance with approved plans for the procurement of goods, works, services, procurement plans for innovative products, high-tech products, medicines, changes made to such plans, drafts of such plans, draft changes to such plans, annual report on purchase from small and medium-sized businesses, the annual report on the purchase of innovative products, high-tech products (in terms of purchases from small and medium-sized businesses) is carried out in the manner prescribed by this article.

14. If the customer eliminates the discrepancy specified in the notification, such a customer is issued a positive opinion regarding the approved procurement plan for goods, works, services, the procurement plan for innovative products, high-tech products, medicines, changes made to such plans, drafts of such plans, draft amendments to such plans, the annual report on the purchase from small and medium-sized businesses, the annual report on the purchase of innovative products, high-tech products (in terms of purchases from small and medium-sized businesses).

15. If the customer does not eliminate the discrepancy specified in the notification, such a customer is issued a conclusion on the discrepancy (negative conclusion) in relation to the approved plan for the procurement of goods, works, services, the plan for the purchase of innovative products, high-tech products, medicines, changes made to such plans , drafts of such plans, draft amendments to such plans, annual report on the purchase from small and medium-sized businesses, annual report on the purchase of innovative products, high-tech products (in terms of purchases from small and medium-sized businesses).

16. Notifications and conclusions provided for by Parts 10-15 of this Article shall be subject to placement by customers, determined by the Government of the Russian Federation in accordance with Clause 2 of Part 8.2 of Article 3 of this Federal Law, in a unified information system within five days from the date of their issuance.

17. After the corporation for the development of small and medium-sized businesses, the executive authority of a constituent entity of the Russian Federation, or an organization created by it, issues a negative opinion:

1) in the case of conformity assessment in relation to draft plans for the purchase of goods, works, services, draft plans for the purchase of innovative products, high-tech products, medicines, the customer has the right to approve the plan for the purchase of goods, works, services, the plan for the purchase of innovative products, high-tech products, medicines whose designs were submitted for conformity assessment. At the same time, the implementation of the approved plan for the purchase of goods, works, services, the plan for the purchase of innovative products, high-tech products, medicines (with the exception of plans for the purchase of goods, works, services, plans for the purchase of innovative products, high-tech products, medicines of customers in accordance with individual decisions of the President of the Russian Federation, by decisions of the Government of the Russian Federation) is suspended by decision of the antimonopoly authority in the manner and on the terms determined by the Government of the Russian Federation in accordance with paragraph 2

2) in the case of compliance monitoring with respect to approved plans for the purchase of goods, works, services, plans for the purchase of innovative products, high-tech products, medicines, the implementation of the approved plan for the purchase of goods, works, services, the plan for the purchase of innovative products, high-tech products, medicines (for with the exception of plans for the purchase of goods, works, services, plans for the purchase of innovative products, high-tech products, medicines of customers in accordance with individual decisions of the President of the Russian Federation, decisions of the Government of the Russian Federation) is suspended by decision of the antimonopoly body in the manner and on conditions determined by the Government of the Russian Federation in accordance with clause 2 of part 8.2 of article 3 of this Federal Law, in the planned annual volume of procurement, the participants of which, according to the specified approved plans, are only small and medium-sized businesses stva, according to the list of goods, works, services chosen by the customer;

3) in the case of conformity assessment or compliance monitoring in relation to draft changes to the procurement plan for goods, works, services, the procurement plan for innovative products, high-tech products, medicines, or approved changes made to such plans, these draft changes are not subject to approval and placement in the unified information system, and the approved changes made to such plans are considered not to be placed in the unified information system until the date of issuance of a positive opinion, provided for by part 14 of this article.

18. During the period established by the Government of the Russian Federation in accordance with Clause 2 of Part 8.2 of Article 3 of this Federal Law, plans, changes made to plans, draft plans, draft changes to plans specified in Part 17 of this Article may be placed by customers, determined by the Government of the Russian Federation in accordance with clause 2 of part 8.2 of Article 3 of this Federal Law, in a single information system repeatedly for conformity assessment or compliance monitoring.

19. In case of issuing a negative opinion provided for by Part 15 of this Article, it is not allowed to place in the unified information system information on procurement subject to placement in the unified information system in accordance with this Federal Law in the planned annual volume of procurement, the participants of which, in accordance with the approved procurement plans are only small and medium-sized businesses, according to the list of goods, works, services selected by the customer.

The provisions of Article 5.1 regarding the regulation of issues related to the implementation of conformity assessment or monitoring of compliance with approved procurement plans for innovative products, high-tech products, medicines, changes made to such plans, drafts of such plans, draft changes to such plans, apply from 01.01 .2016 (Clause 4 of Article 8 of Federal Law No. 156-FZ of June 29, 2015)

Article 6. Control over compliance with the requirements of this Federal Law

Control over compliance with the requirements of this Federal Law shall be carried out in accordance with the procedure established by the legislation of the Russian Federation.

Article 6.1. Departmental control of procurement activities (as amended by the Federal Law of December 31, 2017 N 505-FZ)

Federal executive authorities, state authorities of the constituent entities of the Russian Federation, municipal authorities exercising the functions and powers of the founder in relation to federal state institutions, state institutions of the constituent entity of the Russian Federation, municipal institutions, respectively, the rights of the owner of property, respectively, of federal state unitary enterprises, state unitary enterprises of the constituent entity of the Russian Federation Federation, municipal unitary enterprises, authorized executive bodies of the constituent entities of the Russian Federation exercise departmental control over compliance with the requirements of this Federal Law and other regulatory legal acts of the Russian Federation adopted in accordance with it in the manner established respectively by the Government of the Russian Federation, the highest executive bodies of state power of the constituent entities of the Russian Federation Federation, local administrations.

Article 7

For violation of the requirements of this Federal Law and other normative legal acts of the Russian Federation adopted in accordance with it, the guilty persons shall be liable in accordance with the legislation of the Russian Federation.

Article 8

1. This Federal Law shall enter into force on January 1, 2012, with the exception of Part 3 of Article 4 of this Federal Law.

4. In the event that within three months from the date of entry into force of this Federal Law, the customers specified in paragraphs - part 2 of Article 1 of this Federal Law (with the exception of the customers specified in parts 5 - 8 of this article) have not placed in order established by this Federal Law, the approved procurement regulation, such customers when purchasing are guided by the provisions of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" in terms of determining supplier (contractor, executor) until the date of placement of the approved procurement regulation. (as amended by Federal Law No. 396-FZ of December 28, 2013)

5. The customers specified in paragraphs - part 2 of Article 1 of this Federal Law and created after the day this Federal Law enters into force, approve the procurement regulation within three months from the date of their registration in the Unified State Register of Legal Entities. The customers specified in Clauses and 3 of Part 2 of Article 1 of this Federal Law and created after February 1, 2018, within three months from the date of their registration in the Unified State Register of Legal Entities, approve the procurement regulations or make decisions on joining the procurement regulations in in accordance with parts - Article 2 of this Federal Law. (As amended by the Federal Laws of December 28, 2013 N 396-FZ, of December 31, 2017 N 505-FZ)

5.1. If within the period provided for by this Federal Law, the customer, in accordance with the requirements of this Federal Law, has not placed the procurement regulation approved by him or the decision he has taken to join the procurement regulation, on such customer until the day of placement by him in accordance with the requirements of this Federal Law of the approved procurement regulation or the decision to join the procurement regulation, the provisions of the Federal Law of April 5, 2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” apply in part: (as amended by Federal Law of December 31, 2017 N 505-FZ)

1) justification of the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (executor, contractor); (as amended by Federal Law No. 505-FZ of December 31, 2017)

2) choosing a method for determining the supplier (executor, contractor); (as amended by Federal Law No. 505-FZ of December 31, 2017)

3) procurement from small businesses, socially oriented non-profit organizations in accordance with parts -, - Article 30 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to ensure state and municipal needs." At the same time, for the purposes of this part, the total annual volume of purchases of the customer means the total volume of prices of contracts concluded by the customer from February 1 to the end of the calendar year; (as amended by Federal Law No. 505-FZ of December 31, 2017)

a) send to the federal executive body authorized to exercise control in the field of procurement and maintain a register of unscrupulous suppliers (executors, contractors) information about procurement participants who evaded the conclusion of contracts, as well as about suppliers (executors, contractors) with whom contracts terminated by a court decision in connection with a material violation by them of the terms of contracts in accordance with this Federal Law; (as amended by Federal Law No. 505-FZ of December 31, 2017)

b) do not coordinate the application of a closed tender, a closed tender with limited participation, a closed two-stage tender, a closed auction with the federal executive body authorized by the Government of the Russian Federation to carry out such approval; (as amended by Federal Law No. 505-FZ of December 31, 2017)

8) procurement from a single supplier (executor, contractor) in the cases provided for by Part 1 of Article 93 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" . At the same time, customers: (as amended by the Federal Law of December 31, 2017 N 505-FZ)

a) do not coordinate with the control body in the field of procurement the conclusion of a contract with a single supplier (executor, contractor) in the event that an open tender, a tender with limited participation, a two-stage tender, a repeated tender or a request for proposals are declared invalid; (as amended by Federal Law No. 505-FZ of December 31, 2017)

b) do not send a notification to the control body in the field of procurement about the procurement from a single supplier (executor, contractor). (as amended by Federal Law No. 505-FZ of December 31, 2017)

6. In the event of a change in the total participation share of the Russian Federation, a constituent entity of the Russian Federation, a municipality in the authorized capital of business entities, the total participation share of the legal entities specified in paragraphs and part 2 of Article 1 of this Federal Law in the authorized capital of subsidiaries, the aggregate share of these subsidiaries companies in the authorized capital of their subsidiaries, as a result of which the provisions of this Federal Law apply to relations arising in connection with the purchase of goods, works, services by the customer, the customer, within three months from the date of receipt of notification of a change in the aggregate share in accordance with Part 3 of Article 1 of this Federal Law places an approved procurement regulation in accordance with the requirements of this Federal Law. If such a customer does not place an approved procurement regulation within this period, the customer shall be guided by the provisions of Federal Law No. needs” until the day of placement in accordance with the requirements of this Federal Law of the approved procurement regulation. (As amended by the Federal Laws of December 28, 2013 N 396-FZ, of December 31, 2017 N 505-FZ)

7. Organizations carrying out activities related to the scope of activities of natural monopolies, and (or) regulated activities in the field of electricity, gas supply, heat supply, water supply, water disposal and wastewater treatment, processing, recycling, neutralization and disposal of municipal solid waste, in if the total revenue from these types of activities is not more than ten percent of the total amount of revenue for 2011 from all types of activities carried out by such organizations, as well as subsidiaries, more than fifty percent of the authorized capital of which in the aggregate belongs to state corporations, state companies , subjects of natural monopolies, organizations engaged in regulated activities in the field of power supply, gas supply, heat supply, water supply, sanitation, wastewater treatment, treatment, disposal, neutralization and disposal of municipal solid waste, to state unitary enterprises, state autonomous institutions, business companies, in the authorized capital of which the share of participation of the Russian Federation, a constituent entity of the Russian Federation exceeds fifty percent, to subsidiaries of these subsidiary business companies, in the authorized capital of which the share of these subsidiary business companies in the aggregate exceeds fifty percent, with the exception of organizations that are specified in Part 2.1 of Article 1 of this Federal Law and posted in the manner established by this Federal Law, the information provided for in Part 2.1 of Article 1 of this Federal Law shall apply the provisions of this Federal Law from January 1, 2013. (As amended by the Federal Laws of December 30, 2012 N 324-FZ, of December 29, 2014 N 458-FZ)

8. Municipal unitary enterprises, autonomous institutions established by municipal formations, economic companies, in the authorized capital of which the share of participation of the municipal formation in the aggregate exceeds fifty percent, subsidiary economic societies, more than fifty percent of the authorized capital of which in the aggregate belongs to municipal unitary enterprises, economic societies, in the authorized capital of which the share of the participation of the municipality in the aggregate exceeds fifty percent, the subsidiary economic companies of the said subsidiary economic societies, in the authorized capital of which the share of participation of the said subsidiary economic companies in the aggregate exceeds fifty percent, shall apply the provisions of this Federal Law from January 1, 2014, if an earlier date is not provided by the representative body of the municipality.

9. From January 1, 2013 to January 1, 2015, purchase plans for innovative products, high-tech products, medicines are placed by customers in a single information system for a three-year period. (as amended by Federal Law No. 396-FZ of December 28, 2013)

10. Prior to the commissioning of the unified information system, the information and documents provided for by this Federal Law shall be posted on the official website of the Russian Federation in the information and telecommunications network "Internet" to post information on placing orders for the supply of goods, performance of work, provision of services (www. zakupki.gov.ru) in the manner prescribed by the Government of the Russian Federation. (as amended by Federal Law No. 396-FZ of December 28, 2013)

12. Until September 1, 2017, state, municipal unitary enterprises that are pharmacy organizations have the right to change and (or) approve the procurement regulation and the procurement plan for the procurement provided for in subparagraph "c" of paragraph 5 of part 2 of Article 1 of this Federal Law, in 2017. (as amended by Federal Law No. 108-FZ of June 7, 2017)

13. State, municipal unitary enterprises that are pharmacy organizations are entitled to make purchases in accordance with this Federal Law after the placement of the procurement regulation and the procurement plan in a single information system. (as amended by Federal Law No. 108-FZ of June 7, 2017)

The president

Russian Federation

D. MEDVEDEV

Moscow Kremlin

Andrey Boyko, commercial director of the electronic trading system B2B-Center, told which companies have not yet fallen under the Law on Procurement of State Companies.

Since January 2013, a number of organizations for which the activities regulated by this law were not the main ones were supposed to fall under the Law on Procurement, but did not fall. What are these organizations? It is not so easy to understand this from the text of the novels of the law. Who is exempt from Law No. 223-FZ told commercial director of the electronic trading systemB2 B- Center Andrey Boyko.

Federal Law No. 223-FZ of July 18, 2011 “On Procurement of Goods, Works, and Services by Certain Types of Legal Entities”, known as the Law on Procurement of State Companies or simply Law No. 223-FZ, establishes procurement rules for organizations falling within its scope . Although this Law does not contain detailed and complex instructions in a “step by step” format, compliance with its requirements is sometimes a difficult task for companies that have not previously been involved in the systematization of their procurement procedures.

This is especially problematic for those organizations for which the activity regulated by Law No. 223-FZ is not the main one. Part 7 of Art. 8 of this Law for such companies, a one-year delay was provided to prepare for work under the new rules. Law No. 223-FZ was to come into force for them on January 1, 2013. However, on December 31, 2012, amendments were made to exempt some of these companies from the obligation to comply with the requirements of Law No. 223-FZ.

If we try to delve into the ponderous wording of the amendments, then in the most general form we can say that the novels apply to two types of organizations:

— subjects of natural monopolies;

- organizations engaged in regulated activities in the field of electricity, gas supply, heat supply, water supply, sanitation, wastewater treatment and disposal of municipal solid waste (for the purposes of Law No. 223-FZ they are called regulated activities).

In order for an organization to be released from the obligation to comply with the norms of Law No. 223-FZ on the basis of this novel, the following conditions must be simultaneously met:

1. The share of the state or municipality in the authorized capital of the organization should not exceed 50%.

2. Revenue from activities as a subject of natural monopoly and from regulated activities should not exceed 10% of the total revenue for the previous calendar year.

“Daughters” and “granddaughters” of subjects of natural monopolies and organizations engaged in regulated activities can also be withdrawn from the scope of Law No. 223-FZ. To do this, it is necessary that the share of the state and municipalities both in the main organization and in its "daughter" or "granddaughter" does not exceed 50%, and the holding, which they are part of, receives from its activities as a subject of natural monopoly and from regulated species activities no more than 5% of the total revenue for the previous calendar year.

The requirements are essentially simple, although they are formulated in legislative novels in the form of rather complex structures. The complexity is also added by the fact that in the new part 2.1, to determine the share of revenue, such a concept as “percentage of the total amount of revenue from all types of activities carried out for the previous calendar year, information on the volume of which is posted on the official website” is used. At the same time, according to the new edition of Part 7 of Art. 8 of Law No. 223-FZ, the organizations listed above have the right not to comply with the requirements of this Law in their procurement activities only if they have published on the Internet information about their revenue for the previous calendar year. According to part 20 of Art. 4 of Law No. 223-FZ, the procedure for posting information on the revenue of the organizations listed above on the official website and the requirements for such information are established by the Government of the Russian Federation. However, prior to the entry into force of a government act establishing such a procedure and requirements, organizations have the right to post information on revenue on their own websites - just as in early 2012, organizations subject to Law No. 223-FZ published their corporate procurement regulations on their websites. .

In general, one can only welcome such a reasonable innovation. After all, if you understand the new principles of exemption from compliance with Law No. 223-FZ, it becomes obvious: in the list of the new part 2.1 of Art. 1 includes those companies for which the legally regulated activity is purely ancillary. This means that for them, compliance with its requirements would be not so much a road to efficiency as a new headache. Almost textbook is the example of an organization that had to build all its purchases according to the principles of Law No. 223-FZ only because it had a boiler house on its balance sheet (carrying out, accordingly, a regulated type of activity). With the adoption of amendments to Law No. 223-FZ, such a boiler room ceases to be a problem for the organization.

For reference:

"The effect of this Federal Law does not apply to legal entities in the authorized capital of which the share of participation of the Russian Federation, a constituent entity of the Russian Federation, a municipality in the aggregate does not exceed fifty percent, their subsidiaries and subsidiaries of the latter, namely:

1) subjects of natural monopolies, organizations engaged in regulated activities in the field of electricity, gas supply, heat supply, water supply, sanitation, wastewater treatment, disposal (burial) of solid household waste, if the total revenue of such entities, organizations, respectively, from activities related to the field activities of natural monopolies, and from these types of activities is no more than ten percent of the total amount of revenue, respectively, from all types of activities carried out by them for the previous calendar year, information on the volume of which is posted on the official website;

2) subsidiaries of natural monopoly entities, organizations engaged in regulated activities in the field of electricity, gas supply, heat supply, water supply, sanitation, wastewater treatment, disposal (burial) of solid household waste, if the proceeds from the purchase of goods, works, services by the main economic companies and their other subsidiaries is no more than five percent of the amount of revenue for the previous four quarters from all types of activities carried out by them, information on the volume of which is posted on the official website;

3) subsidiaries of the subsidiaries specified in clause 2 of this part of this part, if the proceeds from the purchase of goods, works, services by the main economic companies (including other subsidiaries of the main economic companies) of the main economic companies of the said subsidiaries are no more than five percent of the amount of revenue for the previous four quarters from all types of activities carried out by them, information on the volume of which is posted on the official website.

(Part 2.1, Article 1 of Law No. 223-FZ)

In 2011, the State Duma of the Russian Federation approved a federal law regulating the procurement of goods, works and other types of services by legal entities. This legislative act received the number 223-FZ and came into force in 2012. The meaning of the adopted law is to regulate the procedure for the purchase of various goods and services by legal organizations of certain categories.

223-FZ on procurement, in contrast to 44-FZ, gives legal entities certain freedom in the conditions of tenders and the choice of procurement options. This law is aimed at developing the tender system, supporting small businesses, eradicating corruption schemes and bringing new players to the public procurement market.

Download the text of federal law 223 "On the procurement of goods, works, services by certain types of legal entities" with the latest changes and comments.

The fundamental goals of the adoption of the law 223-FZ

This legislative decision has fundamental features aimed at successful regulation and monitoring of procurement. The key goals of the law are:

• Full transparency of purchases under 223-FZ. According to this principle, all information, including prices and the seller, should be open and publicly available.
• Highly efficient and economically justified spending of financial resources. The principle limits the price range of purchases and does not allow purchasing goods or services from one supplier at a deliberately inflated price.
• Opportunity to participate in the procurement of individuals, individual entrepreneurs and any legal organizations. This feature unleashes the hands of small enterprises, which previously could not practically participate in the supply of goods and services for large corporations.
• Full equality and impartiality in relation to all participants in procurement events.

The principles of 223-FZ have greatly improved the position of small enterprises. In addition, thanks to this law, it was possible to achieve transparency in all operations and diversify suppliers.

Structure of Federal Law No. 223

The law regulating the procurement of goods and services between certain types of legal entities has 8 main articles:

1. Article No. 1 223-FZ describes the goals that are planned to be achieved through the adoption of this law.
2. Article No. 2 contains the legal justification for conducting procurement activities.
3. Article 3 describes the key principles and provisions relating to the procurement of goods and services.
4. Subparagraph No. 3.1 of 223-FZ of the Russian Federation explains the intricacies of procurement by legal entities in the implementation of investment projects with state support.
5. Article No. 3.2 sheds light on the concept of competitive procurement.
6. Clauses No. 3.3 and No. 3.4 describe the operation of the electronic platform for the implementation of procurement transactions.
7. Article No. 3.5 of 223-FZ clarifies the requirements for competitive procurement by a closed method.
8. Subclause 3.6 specifies the requirements for purchasing from a single supplier.
9. Article No. 4 determines the information support of procurement processes and the list of necessary documentation.
10. Article No. 4.1, introduced in 2013, regulates the register of permissible contracts under 223-FZ.
11. Article No. 5 stipulates the introduction of a special register of unscrupulous suppliers. Such a tool aims to collect data on organizations that shy away from entering into contracts. In addition, a company whose contract was terminated in court due to gross violations of the terms of the contract may be included in the register of unscrupulous suppliers under 223-FZ.
12. Article No. 5.1 involves an assessment of the compliance of procurement plans and changes.
13. Article No. 6 guarantees compliance with the requirements of Federal Law No. 223.
14. Article No. 6.1 regulates the control of procurement activities by the relevant departments.
15. Article No. 7 stipulates liability for violation of legal requirements.
16. Article No. 8 describes the features of the entry into force of the law.

Law 223-FZ: who does it concern

The legislative document defines the activities of the following groups of legal entities:

State corporations and objects of natural monopolies with a state share of participation of more than 50%.

Subsidiaries of the above companies.

Budgetary organizations that buy goods and services at the expense of financial grants, their own funds or through the involvement of third parties.

An exception that goes beyond the regulation of 223-FZ is the purchase and sale of securities, precious metals and other things.

Comparison of features of 44 fz and 223 fz

For the convenience of comparing two similar laws, the following table can be compiled:

Thus, the key differences between federal law 223-fz are:

• Possibility of independent development of provisions on purchases and bidding at the discretion of the customer.
• No need for specialized education in 223-FZ and knowledge of the basics of the law to conduct procurement operations.
• The right to use an extensive list of trading platforms.

Bank guarantees provided for in Article 223

A bank guarantee under 223-FZ can be of three different types:

1. A guarantee issued to a supplier who has expressed a desire to participate in an auction or tender. This guarantee secures the participant's application.
2. Bank guarantee for reimbursement of the advance payment.
3. A guarantee that ensures the fulfillment of the terms of the public procurement contract.

Key requirements for bank guarantees under 223-FZ

According to the text of federal law 223-FZ, all bank guarantees must be:

1. Irrevocable.
2. With a certain period of validity.
3. With mandatory confirmation or rejection within three working days.
4. Containing full information about payments in case of non-fulfillment by the supplier of the terms of the contract.
5. With the agreed obligations of both parties involved in the transaction.

The amount of guaranteed funds under 223-FZ

The amount provided under bank guarantees is individual in each individual case.

In accordance with the law 223-fz, bank guarantees cannot exceed 10% of the total capital of the bank.

The key factors influencing the cost of guarantees are the terms of provision and the presence or absence of the necessary security.

As a rule, to reduce the cost of bank guarantees, you can open a bank account and provide collateral in the form of bills or deposits.

The procedure for organizing procurement events within the framework of 223-FZ

To make purchases under the law 223-FZ, you need to take the following steps:

1. Making a digital signature.
2. Registration on the official website of public services.
3. Registration on the procurement website located at zakupki.gov.ru
4. Drafting of procurement regulations.
5. Understanding, compiling and placing the documentation of the procurement plan.
6. Full customization of a personal profile on the public procurement website.
7. Providing documentation to all involved parties.
8. Holding a competition.
9. Conclusion of a contract with the winner.

The appearance of a personal account on the zakupki.gov.ru website is shown in the figure below:

The subtleties of filling out the procurement provision for 223-FZ

Regulation on 223-FZ without fail contains the following information:

• the necessary ways to carry out procurement activities;
• proposed procedures for conducting tenders;
• methods for selecting relevant suppliers;
• estimated terms of the contract and transfer of funds;
• the procedure for signing the contract between the parties;
• features of acceptance and payment of the provided works;
• possible penalties;
• ways to resolve disputes.

Exceptions

Law 223-FZ allows not to have all procurement information in a single information system in the following cases:

• the contract is related to state secrets;
• the contract provides for the implementation of procurement activities in the amount of up to 100,000 rubles;
• the subject of the contract belongs to a special list described in the framework of the government decree under the number 2027-r.

The latest version of 223-FZ 2018 allows not to disclose information related to the transfer of rights to real estate and certain financial services. So, now, according to 223-FZ, it is not necessary to submit data to a single information system on raising funds from individuals, obtaining credit funds, etc.

Deadlines for 223-FZ

The key terms operated by federal law 223-fz are most conveniently placed in the table:

Note! In the event of technical malfunctions during the publication of documents in the EIS, the deadlines for submitting documents are shifted by one business day from the moment the technical problems are resolved.

Key changes to Federal Law 223 on Procurement 2018

At the end of last year, the State Duma adopted a number of amendments to federal law 223-FZ. These changes affected, first of all, suppliers and electronic trading platforms. Among the main amendments of the law are:

• Transfer of all purchases to electronic form. Exceptions are purchases provided for in the procurement regulations.
• The need to create special financial accounts to secure the application for participation. Opening an account is carried out by the supplier company in one of the listed banks. A complete list of permitted financial institutions is approved by the government of the Russian Federation.
• Withdrawal of interdependent enterprises from under the law 223-FZ. Customers now have the option to purchase from a single supplier under certain conditions.
• Enabling subsidiaries to join the purchasing activities of the parent company.
• When purchasing a certain product, the customer undertakes to use words or an equivalent. This innovation precludes the purchase of a specific product with a specific trademark.
• The impossibility of canceling the purchase after the deadline for submitting applications.
• Creation of a specialized commission for customers to check the competitiveness of the purchase.
• Changes in notice submission deadlines. Now the notice of the competition under 223-FZ and the auction is announced fifteen days before the deadline for accepting applications. Information about the request for quotations must be published five days in advance, and the notice of the request for proposals must be published seven days before the end of the application period.
• The impossibility of making requests for the deposit of security for the application if the transaction amount is less than 5,000,000 rubles. With the purchase amount of more than 5,000,000, the application security can be no more than 5%.
• Organizers of procurement events got the opportunity to use internal services that can be synchronized with a single information system. Such an innovation will be useful for large customers, who now just need to enter all the information into the internal system, and it will be automatically published in the EIS.

A more complete list of key changes in 2018 can be found by studying the 223-FZ with the latest changes, which is available at the link:

Changes to 223-FZ for small and medium enterprises

Starting from 2018, small and medium-sized businesses will be able to participate in procurement with the following conditions:

• Conducting all purchases exclusively in electronic form.
• Registration of the transaction is available only on six federal trading floors.
• Funds supporting the application must be submitted to a specially designed bank account.
• Participants of the 223-FZ who won the competition draw up an electronic contract on a special platform. The paper contract has been abolished.

Changes in the system for filing complaints under 223-FZ

Until 2018, a complaint to the front under 223-FZ was made approximately according to the following scenario:

• The supplier complained to the FAS under 223-FZ.
• FAS analyzed the complaint and made a decision.
• The customer applied to the judicial authorities.
• The court ruled in favor of the client.

After the implementation of the amendments, a limited list of grounds for filing complaints appeared. Now you can complain to the FAS if:

• The customer makes a purchase with gross violations of the norms of 223-FZ or its own procurement regulations.
• The customer did not publish the necessary information in a single information system. The reason may be the lack of Procurement Regulations in the EIS, documents describing a specific procedure, and so on.
• The supplier is subject to requirements under 223-FZ that were not specified in the procurement documentation.
• The client has not published in the EIS full information regarding the annual volume of purchases from SMEs.

Changes in the appeal process under 223-FZ

Until 2018, a complaint to the FAS became the reason for organizing an antimonopoly audit of the entire organization. For example, when filing a complaint about the provisions on technical documentation, the FAS also checked other documents. Even if the antimonopoly service could not find violations in the technical documentation, but found a violation in, for example, procurement plans, the order was still issued.

In connection with the appearance of Part 13 of Article 3 of Law No. 223, consideration of the complaint will be limited to the arguments contained in it. That is, now the FAS, upon detection of violations unrelated to the complaint, will not have the right to issue instructions on them.

Register of dishonest suppliers

The Register of Unscrupulous Suppliers is a list of organizations that have violated key aspects of Law 223-FZ or Law No. 44. The lion's share of all customers works exclusively with organizations that are not included in the register.

Among the main reasons why an organization can be placed on the list of fines are:

• Avoiding signing a contract or refusing to fulfill the terms of the contract.
• Appeal by the customer to the court, if the supplier fails to comply with the main clauses of the contract.
• Gross violations by the supplier of the terms of the contract, entailing a refusal to fulfill the contract by the customer.

A complete list of organizations included in the register of unscrupulous suppliers can be found at http://www.zakupki.gov.ru/epz/dishonestsupplier/quicksearch/search.html.

As you can see from the screenshot, the site dedicated to public procurement has a convenient search. When drawing up contracts with organizations, customers are advised to check their counterparty on this list to ensure its reliability. If, during the search, it suddenly turns out that the partner is among unscrupulous suppliers under 223-FZ, then perhaps you should look for another organization for procurement.

Information contained in the registry

After the regulatory body decides to enter the organization into the register of unscrupulous suppliers, the following information is published:

• Name of a legal entity or full name, surname and patronymic of an individual.
• Information about the location of the legal entity or the place of residence of the individual.
• Tax identification number.
• Data on the date of the transaction or the date the transaction was declared void.
• Information about the contract, including the names of goods, the classification code, the currency of the transaction, the cost and terms of the contract.
• Date of termination of the contract, indicating the corresponding reason.

Thus, we can conclude that the execution of the contract under 223-FZ is a necessity. In case of gross violations of the terms of the contract, an organization or an individual runs the risk of being included in the register of unscrupulous suppliers and leaving the public procurement market for a long time.

Logout

At the moment, the only way to quickly get out of the register of unscrupulous suppliers is to appeal the FAS decision in court. Judicial practice has a huge number of cases when an organization was able to successfully prove its case, quickly left the register and successfully continued to participate in procurement activities.

In all other cases, organizations included in the register of unscrupulous suppliers will automatically leave the lists of unreliable companies after two years from the date of entry into the register.

Results

Federal Law 223 on public procurement regulates the procedure for conducting procurement activities by certain types of legal entities. The key features of this Law 223-FZ were the transparency of transactions, the efficient use of financial resources and the possibility of participation of all business entities in competitions and tenders.

Federal law number 223 is a great opportunity for small businesses to participate in the purchases of large corporations. Relatively simple rules for participation in competitions and a simple system for submitting electronic applications make it easy to compete for the supply of goods or services.