Federal Law No. 223. Ansi Consulting Group. The most important thing for the customer

Short review
Federal Law of July 18, 2012 No. No. 223-FZ "On the procurement of goods, works, services by certain types legal entities"

Federal Law No. 223-FZ of July 18, 2011 "On Procurement of Goods, Works, Services by Certain Types of Legal Entities" (hereinafter referred to as Law No. 223) came into force on January 1, 2012 (with the exception of separate provisions).
This law established general principles procurement of goods, works, services by certain categories of legal entities (hereinafter - customers) and the main requirements for it.

1. Which legal entities are customers under Law No. 223

In accordance with Part 2 of Art. 1 of Law No. 223, its provisions apply to the following types of legal entities:
- state corporations;
- state-owned companies;
- subjects of natural monopolies;
- organizations carrying out regulated activities in the field of power supply, gas supply, heat supply, water supply, sewerage, cleaning Wastewater, disposal (burial) of solid household waste(hereinafter - regulated activities);
- state and municipal unitary enterprises;
- autonomous institutions;
- economic companies, in the authorized capital of which the share of participation Russian Federation, a constituent entity of the Russian Federation, a municipality in the aggregate exceeds 50 percent;
- subsidiaries, in the authorized capital of which more than 50 percent of the shares in the aggregate belong to the above legal entities;
- subsidiaries, in the authorized capital of which more than 50 percent of the shares in the aggregate belong to the above-mentioned subsidiaries.

2. Date from which Law No. 223 shall apply

Different terms have been established for the start of application of the provisions of Law No. 223, depending on the type of customer.
From January 1, 2013 according to part 7 of Art. 8 of Law No. 223, these provisions must apply:
- organizations carrying out activities related to the scope of activities of natural monopolies and (or) regulated activities, if the total revenue from these activities is not more than 10 percent of the total revenue for 2011 from all activities carried out by such organizations;
- subsidiaries, more than 50 percent of the authorized capital of which in the aggregate is owned by state corporations, state companies, natural monopoly entities, organizations engaged in regulated activities, state unitary enterprises, state autonomous institutions, business entities, in the authorized capital of which the Russian Federation has a share, of a constituent entity of the Russian Federation exceeds 50%, to subsidiaries of these subsidiaries, in the authorized capital of which the share of these subsidiaries in the aggregate exceeds 50%.
From January 1, 2014 (if more early term not provided by the representative body of the municipality) in accordance with Part 8 of Art. 8 of Law No. 223, the provisions of the said law shall apply:
- municipal unitary enterprises;
- Autonomous institutions created by municipalities;
- economic companies, in the authorized capital of which the share of participation of the municipality in the aggregate exceeds 50 percent;
- subsidiary business companies, more than 50 percent of the authorized capital of which in the aggregate belongs to municipal unitary enterprises, business companies, in the authorized capital of which the share of participation of the municipality in the aggregate exceeds 50 percent;
- subsidiaries of the said subsidiary economic companies, in the authorized capital of which the participation share of the said subsidiary economic companies in the aggregate exceeds 50 percent.
For other customers, the deadline for applying the provisions of Law No. 223 has come April 1, 2012 (before the specified date, these customers were required to post the procurement regulation on their website). Here, the exception is made by customers created after the date of entry into force of Law No. 223 (that is, after January 1, 2012), and customers who are obliged to be guided by Law No. 223 due to an increase in the aggregate share of participation in them of the state, municipality, other customers.Such organizations must approve the procurement regulations within three months of their establishment.In the event that within this deadline, such customer has not posted the approved procurement regulation, he must be guidedprovisions of the Federal Law of July 21, 2005№ 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" tountil they are approved andplaced its position on the purchase.

3. Types of customer activities regulated by Law No. 223

The law under consideration regulates the purchases of goods, works and services carried out by customers.
At the same time, the effect of Law No. 223 does not apply on relations related to the following activities (part 4 of article 1):
- purchase and sale of securities and currency values;
- purchase by the customer of exchange goods on the commodity exchange;
- placing orders for the supply of goods, performance of work, provision of services in accordance with Federal Law No. 94-FZ;
- procurement within the framework of military-technical cooperation;
- 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;
- selection by the customer of an audit organization for a mandatory audit of the accounting (financial) statements of the customer in accordance with Art. 5 of the Federal Law of December 30, 2008 No. 307-FZ "On Auditing".

4. Principles of the procurement regulation

In accordance with Part 1 of Art. 3 of Law No. 223, when developing a procurement regulation, the customer must be guided by the following principles:
- information openness of procurement;
- equality, fairness, absence of discrimination and unreasonable restrictions on competition in relation to procurement participants;
- targeted and cost-effective spending of funds for the purchase of goods, works, services (taking into account, if necessary, the cost life cycle purchased products) and the implementation of measures aimed at reducing the costs of the customer;
- no restrictions on admission to participation in the procurement by establishing non-measurable requirements for procurement participants.

The procurement regulation 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 provisions related to procurement (part 2, article 2 of the Law No. 223).

5. Procurement methods included in the procurement regulation

In part 3 of Art. 3 of Law No. 223 specifies the following procurement methods:
- competition;
- auction;
- other ways of purchasing.
Other methods of procurement may be, for example, procurement from a single supplier (executor, contractor), procurement by the method of requesting quotations, competitive negotiations, other methods established by the customer in the procurement regulation.

6. Approval of the procurement regulation

According to part 3 of Art. 2 of Law No. 223, the procurement regulation is approved:
- the supreme governing body of a state corporation or state company, if the customer is a state corporation or state company;
- the head of a unitary enterprise, if the customer is a state unitary enterprise or a municipal unitary enterprise;
- the supervisory board of an autonomous institution, if the customer is an autonomous institution;
- the board of directors (supervisory board) of a business company, if the customer is a joint-stock company, or the collegial executive body of such a joint-stock company if the charter of the business company provides for the functions of the board of directors (supervisory board) to be exercised by the general meeting of shareholders of the business company.

7. Information posted by customers on the Internet

Decree of the Government of the Russian Federation dated June 30, 2012 No. 662 established a deadline (October 1, 2012), starting from which information on the purchase of goods, works, services must be posted on the official website (www.zakupki.gov.ru ). Prior to this date, the procurement regulations, changes to it, procurement plans and other procurement information should have been posted on the customer's website.
The Procurement Regulation and the amendments to it are subject to mandatory posting on the customer's website (from 01.10.2012 on the official website) no later than fifteen days from the date of approval (part 1 of article 4 of Law No. 223).
In addition, the customer is obliged to place on his website (from 01.10.2012 on the official website plan for the procurement of goods, works, services for a period of at least one year (Part 2, Article 4 of Law No. 223).

At the same time, from January 1, 2013 to January 1, 2015, customers post plans for the purchase of innovative products, high-tech products, medicines for a three year period (Part 9, Article 8 of Law No. 223).
Starting from January 1, 2015, plans for the purchase of innovative products, high-tech products, medicines are posted by customers on the specified website for a period five to seven years (part 3, article 4, part 2, article 8 of Law No. 223).

According to part 5 of Art. 4 of Law No. 223 on the customer's website (since 01.10.2012 on the official website), when purchasing goods, works, services, the following information should be posted:
- notice of purchase;
- procurement documentation;
- a draft contract, which is an integral part of the procurement notice and procurement documentation;
- changes to the notice and documentation;
- clarification of documentation;
- protocols drawn up during the procurement;
- other information, the placement of which on the official website is provided for by Law No. 223 and the procurement regulations.
If, during the conclusion and execution of the contract, the volume, price of goods, works, services or terms of execution of the contract change compared to those recorded in the protocol drawn up based on the results of the procurement, the relevant information is provided on the customer’s website (from 01.10.2012 on the official website) indicating the changed conditions contracts (part 5, article 4 of Law No. 223). This information is posted no later than ten days from the date of amendments to the contract.

8. What not posted on the Internet

According to part 15 of Art. 4 of Law No. 223, the following information is not subject to posting on the official website:
- procurement information constituting a state secret if it is contained in a procurement notice, procurement documentation or in a draft contract;
- information on procurements, for which a decision of the Government of the Russian Federation was made in accordance with Part 16 of Art. 4 of Law No. 223.

In addition, the customer has the right not to post on the official website information on the purchase of goods, works, services, the cost of which does not exceed 100,000 rubles.
If the customer's annual revenue for the reporting financial year is more than 5 billion rubles, he has the right not to post on the official website information on the purchase of goods, works, services, the cost of which does not exceed 500,000 rubles.

9. Procurement reporting

According to part 19 of Art. 4 of Law No. 223, the customer, no later than the tenth day of the month following the reporting month, places on the official website:
- information on the number and total cost of contracts concluded by the customer as a result of the purchase of goods, works, services;
- information on the number and total cost of contracts concluded by the customer as a result of the purchase from a single supplier (executor, contractor);
- information on the number and total cost of contracts concluded by the customer as a result of the procurement, 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.
In addition, customers provide information on procurement activities approved by the Order of Rosstat dated December 30, 2011 No. 525 , and from 01.01.2013 - approved by the Order of Rosstat dated 30.08.2012. No. 473.

10. Responsibility for violation of the Law

For violation of the requirements of Law No. 223 and other regulatory legal acts of the Russian Federation adopted in accordance with it, the perpetrators are liable in accordance with the legislation of the Russian Federation (Article 7 of Law No. 223).

The changes that were made to the text of 223-FZ on procurement in the latest edition of 2020 are associated with a change in the planning period. Federal Law No. 263-FZ dated August 2, 2019 amended Part 3.1 of Art. 4 223-FZ and introduced the rule that the procurement plan is approved for 3 years. These amendments come into force on November 1, 2019.

From 07/31/2019, the latest version of Federal Law 223 on public procurement 2020 contains provisions that the money that was donated or donated, or inherited by the customer by will, is spent according to the procurement law. The main thing is to change the situation. It was allowed to correct it until 10/01/2019.

We collected in the table the changes that are only planned to be made to 223-FZ. They will come into effect in 2020.

What is a Procurement Law for?

Law 223-FZ on holding auctions by certain types of legal entities entered into force on 01.01.2012. It fixes the main provisions for conducting procurement procedures by a certain category of organizations. Purposes for which it was adopted:

• development of competition in the commodity market;
• rational use of funds;
• ensuring openness and transparency of trading;
• prevention of corruption and other abuses.

Learning the basics

Federal Law No. 223 FZ, as amended in 2020 and comments for dummies, establishes principles, including:

1. Information accessibility of trading. This principle is general legal and is ensured by posting information on the Internet. On the official website for 223 Federal Law Procurement gov.ru published information about ongoing tenders. Among the sites on which bidding is carried out, we single out Fabrikant and B2B-center, and from the specialized ones - the trading floor according to 223 FZ Sberbank UTP and the Russian Railways trading floor.
2. Equality, fairness and lack of restriction of competition in relation to tenderers. The organizer of the procedure ensures equal rights and opportunities for participants, excludes a selective approach in the selection of the winner.
3. Efficient use of funds and reduction of customer costs. It means that customers strive to rationally spend money. But this is not about reducing prices, but about reducing overall costs.
4. No restrictions for participants. It is forbidden to set non-measurable requirements. Avoid conditions (participant financial resources, production capacity) that are ambiguous or do not fully apply to participants.

Who is the customer

According to the law 223 FZ, customers include (article 3.1):

• state corporations, state companies and business entities, in the authorized capital of which the share of Russia exceeds 50%;
• other legal entities (subjects of natural monopolies, their subsidiaries and other legal entities) in case of implementation of investment projects worth at least 10 billion rubles, which are supported by the state;
• budgetary institutions, state and municipal unitary enterprises (subject to the conditions listed in Article 1);
• federal state unitary enterprises (their list is approved by the Government).

Features of the auction

The first feature of orders under the current version of 223 FZ is Procurement Regulations. This document regulates the procurement activities of the customer and is approved on the basis of a model provision. It is published on the EIS website. The regulation includes the procedure for preparing and conducting procedures (including methods of orders) and the conditions for their application, the procedure for concluding and executing contracts, and others. important rules, such as those related to collateral. Approved by different authorities depending on the type of legal entity. For a state corporation or company - the supreme governing body, and for the state unitary enterprise, municipal unitary enterprise - their leaders.

The second feature is the complete information openness of trading. The law obliges to publish information in the EIS (procurement plan, notice, documentation and changes). It is allowed to publish information about the auction on the customer's website.

Federal Law No. 223 allows procedures to be carried out electronically. If they are held among small businesses, the customer is obliged to conduct them electronically. The customer prescribes in the regulation how the auction, tender, request for quotations and request for proposals are conducted without fail. The rest of the procedures are determined by him.

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, expansion of opportunities for the participation of legal and individuals in the procurement of goods, works, services (hereinafter also referred to as procurement) for the needs of customers and stimulation of such participation, development of fair competition, ensuring publicity 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 defined 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 (amount of financing) which exceeds the value (not less than 10 billion rubles) established by the Government of the Russian Federation, and which is governmental 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 authorized by the supreme executive body state power of a constituent entity of the Russian Federation, by the local administration, the body has the right to approve a standard provision on procurement, as well as 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 of a constituent entity of the Russian Federation, municipal unitary enterprises, for which the application of such a model procurement regulation is mandatory when they approve or amend the procurement regulation. (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 winner of the auction at the tender is the person who offered Better conditions 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 regulations, at the auction - the person who offered the lowest price of the contract or, if during the auction the price of the contract is reduced to zero and the auction is held for the right conclude a contract, the highest bidder contract.

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 purchase 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) goods priority 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) implementation procedure 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-sized businesses in the Russian Federation" ( hereinafter referred to as the corporation for the development of small and medium-sized businesses), by the 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 provided in full or in part (in the amount of at least 10 percent of the cost 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 Corporation for atomic energy 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 specifications, functional characteristics (consumer properties) of the product, work, service, to the dimensions, packaging, shipment of goods, to the 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 conformity of the supplied goods, work performed, services provided to 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

For execution various projects, meeting the needs for goods or services, public or local authorities In 2020, the authorities are conducting so-called public procurement. The main 2 regulatory documents regulating this area are federal laws 44 and 223. Fundamentally, they differ in that in the first case, procurement is carried out by state institutions, and in the second, by organizations that are partly owned by the state (but not less than 50%). Other differences, stages of the procurement procedure are discussed in detail below.

When participating in the competition, companies pay attention to various regulations, but primarily on these federal laws. The differences between them are described in the table.

comparison criterion	FZ 44	FZ 223
scope of regulation	any purchases by government customers at the federal and regional levels; Full description bidding procedure, violation of which may lead to the company being included in the RNP *	only general features of the procedure; when using this law, the customer is obliged to independently develop an internal regulation (Regulation), on the basis of which public procurement will be carried out
customers	budgetary institutions (federal and municipal level)	various: institutions owned by the state by half or more; companies that are engaged in business with regulated tariffs (for example, the supply of electricity); natural monopolies (large companies - Russian Railways, Rosneft, Gazprom, etc.); government institutions that purchase the necessary goods/services, including with the use of extra-budgetary funds (due to their own commercial activities, receiving grants, etc.)
suppliers	any persons - private citizens, individual entrepreneurs and companies of any form of ownership
types of auctions (procedures)**	various: electronic auction; competition with limited participation; open competition; request for proposals; multi-stage competition; closed form of competitions; closed auction; request for quotations; closed competition with limited participation.
trading platforms	the list is limited to 6 electronic services (registration is free): Sberbank-AST. RF order. MICEX. Roseltorg. Russian auction house. RTS-Tender.	quite a large list - about 170 services (both free and paid); while the participants are free to choose the site - they can act at their own discretion
application deadlines	the auction is announced at least 7 days before the moment when it is supposed to stop accepting applications; if the contract price is more than 3 million rubles, then at least 15 days before	the customer himself has the right to choose the terms, and they must be spelled out in the relevant Regulations - participants should familiarize themselves with this document in advance
types of customer reports	only on the execution of the contract itself, the total amount of purchases	various: all signed contracts; contracts with a single company; procurement contracts that are related to state secrets.
securing obligations under the contract***	a public institution can set the cost of collateral from 0% to 30% (if the total amount is not more than 50 million rubles) and from 5% to 30% if this value is exceeded	collateral is optional - in each case, the customer can act at his own discretion
amendment and termination of contracts	detailed in the contract itself; while the essential conditions are not subject to change	the parties also prescribe the conditions for termination/change in the text of the document; at the same time, they can independently determine them in accordance with the Regulations of the customer
filing a complaint against the actions of the customer	submitted to the local branch of the antimonopoly service; reviewed on a general basis within 5 working days	are also submitted to the local branch of the antimonopoly service, however, the terms of consideration are specified in the contract separately; also, when determining the timing and procedure for consideration, the FAS is guided by the current civil legislation

* Register of dishonest suppliers

** According to Federal Law 44, it is possible to make purchases in another way - by purchasing goods / services from a single supplier (FZ 223 does not provide for such a possibility).

*** Participants can choose different types of collateral at their discretion - making an advance payment, a guarantee from a banking institution, etc.

Video commentary on the topic (differences in simple words):

Types of trades

Both the one and the other federal law offers the same types (methods) of trading for all participants. And one more type is provided only by Federal Law 44 - this is a purchase from a single company (with the rationale for such a decision in a special report). The unified types of trading under both laws include:

1. Auction - the winner is determined by a simple principle: whoever offers the lowest price will get the contract. However, there are rare exceptions when the winner is determined by the highest price.
2. Competition is most often used for complex procurement objects. The winner is determined by a set of criteria, and not just by price (the qualifications of the participant, his experience, business reputation, etc. are taken into account).
3. The request for quotation combines the criteria of an auction and a competition.
4. Request for proposals - the participants themselves put forward their own proposals, and they also see the options of competitors, in connection with which they can adjust their options.

Among the described methods, there are other varieties - open and closed auctions, requests for proposals / quotations in paper and electronic form, etc.

With regard to the purchase from a single company, this is a special case that can only be applied in the presence of circumstances clearly stated in law 44. We are talking about natural monopolies, procurement under special Presidential Decrees, as well as for special tasks (mobilization training) and within a small amount - up to 100 thousand rubles and many others

7 stages of the competition

According to Federal Law No. 44, there are 7 stages of the procedure:

1. The customer analyzes the needs and decides on the procurement, on their total volume and form. At this stage, he organizes the work of the commission and adopts the relevant Regulations.
2. Next comes the preparation of tender documentation. It includes various documents - this is the Regulation, samples of all forms of documents, project rationale, detailed technical task, the project itself, etc.
3. A notice is published with an exact indication of the deadlines for filing applications, which the participants in the procedure are guided by. The notice and related documentation is currently posted in the Unified Information System.
4. Then there is a registration of applications from all interested parties.
5. Application information is analyzed (paper envelopes are opened or electronic files are opened).
6. Applications are considered, after which a decision is made on further cooperation with a particular company.
7. The winner is called; then a contract is signed with him, after which the company starts work.

Thus, when using Federal Law 44, the parties are clearly guided only by its norms, the use of other regulations is not allowed. With regard to cases falling under the scope of Federal Law 223, the parties act not only under this law, but also in accordance with the Procurement Regulations. Therefore, such situations are more flexible in terms of regulation (terms, reporting, electronic platforms, etc.).

After the publication of the article "In New Year with a new procurement procedure”, dedicated to the Federal Law of July 18, 2011 N 223-FZ “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities” (hereinafter - Law N 223-FZ), many specialist readers began to ask questions about the application Law N 223-FZ.

Leading experts of the Center for Tax and Legal Consulting of the IRBiS Group of Companies Ekaterina Lebedeva and Olesya Loktionova answer the most popular questions.

1. Which organizations and from what date does Law N 223-FZ apply?

According to Art. 8 of Law N 223-FZ, the deadlines upon which the provisions of this Law become binding on the legal entities provided for in it differ depending on the type of these legal entities.

So, from January 1, 2013 the provisions of Law N 223-FZ are applied by the following organizations specified in Part 7 of Art. eight: - enterprises engaged in activities related to the scope of activities of natural monopolies, and (or) regulated activities in the field of electricity, gas, heat, water supply, sewerage and wastewater treatment, disposal (burial) of solid domestic waste, in which the total revenue from these types of activities is no more than 10% of the total revenue for 2011 from all types of activities carried out by such organizations;

- subsidiaries, more than 50% of the authorized capital of which in the aggregate is owned by state corporations, state companies, natural monopoly entities, organizations, state unitary enterprises, state autonomous institutions, business entities, in the authorized capital of which the share of participation of the Russian Federation, a constituent entity of the Russian Federation exceeds 50% , subsidiaries of these subsidiaries, in the authorized capital of which the share of these subsidiaries in the aggregate exceeds 50%.

From January 1, 2014(unless an earlier date is provided by the representative body of the municipality) the provisions of Law N 223-FZ apply (part 8 of article 8): - municipal unitary enterprises;

- Autonomous institutions created by municipalities;

- economic companies, in the authorized capital of which the share of participation of the municipality in the aggregate exceeds 50%;

- subsidiary economic companies, more than 50% 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 participation of the municipality in the aggregate exceeds 50%;

- subsidiaries of the above subsidiaries, in the authorized capital of which the participation share of the above subsidiaries in the aggregate exceeds 50%.

All other legal entities must be guided by the provisions of Law N 223-FZ, starting from January 1, 2012. These organizations include: - state corporations;

- state-owned companies;

- state unitary enterprises;

- state autonomous institutions.

2. What documents should organizations develop in order to comply with the provisions of Law N 223-FZ?

First of all, organizations must develop and approve procurement regulations. This important document regulates the procurement activities of the customer and contains procurement requirements, including the procedure for preparing and conducting procurement procedures (procurement methods) and the conditions for their application, as well as the procedure for concluding and executing contracts.

In addition, by analogy with the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" (hereinafter also - Law N 94-FZ), customers must also develop a procurement notice, a package of documentation accompanying the procurement activities (for each of the procurement methods), a draft contract, which is an integral part of the procurement notice and procurement documentation, protocols drawn up during the procurement. The content of the notice and procurement documentation must comply with the requirements of Part. 9-11 Art. 4 of Law N 223.

Organizations will be guided by these documents when making purchases, and therefore it is very important that they comply with the current legislation of the Russian Federation and take into account the interests of the customer.

3. What procurement methods can be used?

Law N 223-FZ provides for two main methods of procurement: auction and competition. It is also possible to make purchases in electronic form, in which case the list of such goods, works and services is established by the Government of the Russian Federation (part 4 of article 3 of Law N 223-FZ).

At the same time, we want to note that Law N 223-FZ does not contain a closed list of procurement methods. So, according to part 3 of Art. 3 of Law N 223-FZ in the procurement regulation other methods of procurement may be provided. This may be, for example, a request for quotations, competitive negotiations, procurement through participation in procedures organized by product sellers, etc.

The customer must establish in the procurement regulation the procurement procedure by the indicated methods, including the procedure for preparing and conducting procurement procedures and the conditions for their application, as well as the procedure for concluding contracts.

4. Who will oversee the procurement activities?

Article 6 of Law N 223-FZ provides that control over compliance with the requirements of this Law is carried out in the manner prescribed by the legislation of the Russian Federation. According to part 10 of Art. 3 of Law N 223-FZ and clause 1 of Decree of the Government of the Russian Federation of February 20, 2006 N 94 “On the federal executive body authorized to exercise control in the field of placing orders for the supply of goods, performance of work, provision of services for federal state needs” appeal against the action or inaction of the Customer is entrusted to the Federal Antimonopoly Service.

5. How can an organization protect itself from unscrupulous suppliers?

Based on part 7 of Art. 3 of Law N 223-FZ, the customer has the right to establish a requirement that there is no information about the procurement participants in the register of unscrupulous suppliers, provided for in Art. 5 of Law N 223-FZ and (or) in the register of unscrupulous suppliers, provided for by Law N 94-FZ.

The register of unscrupulous suppliers is maintained by the Federal Antimonopoly Service of Russia on the official website www.zakupki.gov.ru Government of the Russian Federation dated June 30, 2004 N 331).

According to part 2 of Art. 5 of Law N 223-FZ, the register of unscrupulous suppliers includes information about the performers: - who evaded the conclusion of contracts;

- with whom the contracts were terminated by a court decision in connection with a material violation of the terms of these contracts.

The list of information included in the register of unscrupulous suppliers, the procedure for customers to send information to the Federal Antimonopoly Service, the procedure for maintaining the register of unscrupulous suppliers, the requirements for technological, software, linguistic, legal and organizational means to ensure the maintenance of the register are contained in the Regulation on maintaining the register of unscrupulous suppliers and on the requirements for technological , software, linguistic, legal and organizational means to ensure the maintenance of a register of unscrupulous suppliers, approved. Decree of the Government of the Russian Federation of May 15, 2007 N 292.

In accordance with Part 6 of Art. 5 of Law N 223-FZ, 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 challenged by the interested person in a judicial proceeding.

6. Will it be considered a violation of Law N 223-FZ to conclude contracts by an intermediary (agent) on behalf of a customer (principal) subject to Law N 223-FZ, on the basis of an agency agreement without bidding from 01/01/2012?

In accordance with Part 1 of Art. 2 of Law N 223-FZ when purchasing goods, works, services, customers specified in Part 2 of Art. 1 of Law N 223-FZ, are obliged to be guided directly by the norms of this law, other federal laws and other regulatory legal acts of the Russian Federation, as well as procurement regulations approved by the customers themselves.

Law N 223-FZ does not define the procurement procedure itself, but only instructs customers to develop and approve a procurement regulation. It is this document that will regulate their procurement activities.

Accordingly, the customer has the right to determine in the procurement regulation the procedure for the procurement, including from a single counterparty, of the services of an agent who himself will not be obliged to be guided by the provisions of Law N 223-FZ.

In the situation under consideration, the actions of the agent when concluding contracts on his behalf, but in the interests of the customer (Article 105 of the Civil Code of the Russian Federation) will not be subject to Law N 223-FZ.

7. Is a legal entity subject to the regulation of Law N 223-FZ, from January 1, 2012 until the approval and placement of the procurement regulation in the prescribed manner, entitled to conduct purchases, guided by the existing procurement regulation?

Law N 223-FZ comes into force on January 1, 2012, with the exception of Part 3 of Art. 4, which comes into force on January 1, 2015 (parts 1, 2, article 8 of Law N 223-FZ).

Some categories of customers specified in h.h. 5-8 Art. 8 of Law N 223-FZ, the provisions of this Law apply from later dates, but if your organization is not one of these, then according to general rule(Part 4, Article 8 of Law N 223-FZ), the customer must place the approved procurement regulation within three months from the date this Law enters into force.

Otherwise from April 1, 2012 until the day of placement of the approved procurement regulation the customer will have to be guided by the provisions of Law N 94-FZ.

Thus, Law N 223-FZ does not indicate that before April 1, 2012 the customer is obliged to be guided by any other documents. Law N 223-FZ requires customers to approve procurement regulations, but does not say anything about the possibility of applying previously approved provisions.

In connection with the above, we believe that until April 1, 2012, the customer has the right to make purchases on the basis of the previously existing provision.

In addition, we believe that the approval of a new procurement regulation, which, in fact, may duplicate the existing one, is redundant. The customer must check it for compliance with Law N 223-FZ, indicate that it was adopted in accordance with the said law and post it on its website (part 3 of article 8 of Law N 223-FZ).

8. What liability threatens a legal entity for violating the terms of placement of a procurement provision, as well as when concluding contracts for the purchase of goods, works, services without conducting appropriate tenders, auctions and other procedures?

Please note that the purchase of goods (works, services), taking into account the requirements of Law N 223-FZ, should be carried out only by organizations listed in Part 2 of Art. 1 of the said law.

According to part 2 of Art. 2 of Law N 223-FZ, the procurement regulation should regulate the procedure for preparing and conducting procurement procedures (including procurement methods) and the conditions for their application. Within the meaning of Part 5 of Art. 8 of Law N 223-FZ, if the customer does not approve the procurement regulation before April 1, 2012, he will have to apply the norms of Law N 94-FZ.

Customers who switch to Law N 94-FZ are also liable for violation of the methods of placement established by this law.

With regard to the responsibility of the customer, subject to the regulation of Law N 223-FZ, when concluding contracts for the purchase of goods, works, services without conducting appropriate tenders, as well as in the absence of a procurement provision, the following must be indicated.

Any participant in the procurement has the right to appeal to the antimonopoly authority and in court the purchase of goods, works, services by the customer in the absence of a procurement regulation approved and posted on the official website and without applying the provisions of Law N 94-FZ (parts 9, 10 of Art. 3 of Law N 223-FZ).

It is important to know that in accordance with Part 5 of Art. 3 of Law N 223-FZ, any individual or legal entity is recognized as a procurement participant. In this regard, the adoption by the customer of the provision on procurement will narrow the circle of potential participants in the order to persons who meet the requirements established by the customer in their position.

Please note that in accordance with Part.h. 5, 15, 16 st. 4 of Law N 223-FZ, information about any purchase exceeding a certain amount (100,000 or 500,000 rubles, depending on revenue), not related to state secrets and not determined by the Government of the Russian Federation to the one about which information is not posted is subject to placement.

For violation of the requirements of Law N 223-FZ and other normative legal acts of the Russian Federation adopted in accordance with it, the perpetrators are liable under the legislation of the Russian Federation (Article 7 of Law N 223-FZ).

It should be noted that while the law does not establish administrative or other liability for procurement in a way that does not comply with the procurement regulation approved by the organization, however, we believe that in the near future this liability will be provided for by amending the legislation of the Russian Federation by analogy with Law N 94- FZ.

9. Is the customer entitled to conduct purchases in the period before the approval and placement in the established manner of the procurement provision provided for by Law N 223-FZ?

Law N 223-FZ does not contain an indication of a specific date from which customers are required to make purchases on the basis of a procurement provision. However, from a literal reading of the norms of the Law, it can be concluded that the purchase of goods, works, services from January 1, 2012 should be carried out in accordance with the procurement regulations developed and approved by the customers themselves.

As we wrote above, by virtue of Part 4 of Art. 8 of Law N 223-FZ, if before April 1, 2012 the customer does not post the approved procurement regulation on the website, then he will be obliged to carry out the purchase in the manner prescribed by Law N 94-FZ, until the day the approved procurement regulation is posted.

What should be guided by when conducting purchases before April 1, 2012, if the provision has not yet been approved and posted on the website, is not established by law.

Based on the foregoing, it can be concluded that Law N 223-FZ does not prohibit procurement in the absence of a procurement provision and without the application of Law N 94-FZ before April 1, 2012. Accordingly, in the period from January 1, 2012 until the specified date, purchases, in the absence of an approved procurement regulation, can be carried out in the same order. However, there are currently no official clarifications on this matter.

10. In accordance with the provisions of Law N 223-FZ, the Federal State Unitary Enterprise is obliged to develop a procurement regulation by 01.04.2012. This provision on procurement is drawn up in terms of the purchase of goods (works, services) at the expense of own funds or only in relation to the acquisition of goods (works, services) at the expense of budget financing?

Law N 223-FZ does not contain any guidance on this matter, but only establishes the general principles for the procurement of goods, works, services and the basic requirements for the procurement of goods, works, services by certain types of legal entities, including state unitary enterprises (p. 1 part 2 article 1 of Law N 223-FZ).

In accordance with h.h. 1, 2 art. 2 of Law N 223-FZ, the procurement activity of the customer is regulated by the procurement regulation adopted in accordance with the regulatory acts of the Russian Federation and approved in accordance with the procedure established by the specified law.

Part 4 of Article 1 of Law N 223-FZ contains a number of areas of activity to which Law N 223-FZ does not apply, since they are regulated by other laws. However, the Law does not contain restrictions on the application of Law N 223-FZ, depending on the sources of financing of the procurement, as well as in relation to the content of the procurement provision.

Moreover, the Ministry of Economic Development of Russia in its Letter of 02.09.2011 N D28-317 explained that for the purposes of applying Law N 223-FZ, the purpose of the purchase does not matter.

Therefore, the procurement regulation approved by the state unitary enterprise should regulate any procurement, except for those carried out in the areas specified in Part 4 of Art. 1 of Law N 223-FZ.

In conclusion, I would like to note that Law N 223-FZ is more liberal in comparison with Law N 94-FZ, since it does not contain such strict restrictions: if desired, the customer can develop a procurement regulation and work in accordance with it, and in the absence of such a desire - do not develop anything and work according to Law N 94-FZ.

On the other hand, it is precisely because of the general phrases contained in Law N 223-FZ that customers in practice have many questions regarding its application and organization of the procurement process.

The concern of customers is understandable, however, it is important to remember that Law N 223-FZ provides only framework regulation of procurement procedures and provides customers high level autonomy in decision-making on the procurement procedure.

Many organizations will most likely be guided by the norms of Law N 94-FZ, however, customers have the opportunity to develop individual procedures that will be most convenient for them, and will also be able to take into account the industry specifics of their activities.