New Public Procurement Law

The Law on Public Procurement (44-FZ) regulates relations arising in the field of providing municipal and state needs. The normative act was adopted to increase the effectiveness and efficiency of this activity. It is aimed at ensuring transparency and transparency of transactions, preventing corruption and other abuses. Let us consider in more detail 44 the Law "On Public Procurement" with amendments.

Areas of action

The Federal Law "On Public Procurement" regulates relations relating to:

1. Definitions of suppliers (performers, contractors).
2. Procurement planning work, goods and services.
3. Execution of contracts.
4. The conclusion of civil law agreements, the subject of which is the delivery of products, works or services, including the purchase or rental of property on behalf of the Russian Federation, the subject of Russia or the Moscow Region, as well as a budget company or other legal entity.
5. Procurement monitoring.
6. Audit.
7. Monitoring compliance with laws and other regulations on the contract system in force in the field of procurement.

Principles

The new Law "On Public Procurement" establishes the following mandatory conditions for carrying out activities in the field of providing municipal / state needs:

1. Openness and transparency of information on transactions.
2. Ensuring competition.
3. Professionalism of customers.
4. Stimulating innovation.
5. The unity of the contract system.
6. Responsibility for performance.
7. Efficiency of procurement.

Openness and transparency

In accordance with the legislation, free and free access to information on the contract system in the field of procurement is provided in the country. Transparency and transparency of information are achieved by placing the necessary data in a single database. The information that is present in it must be complete and reliable.

Competition

The Law "On Public Procurement" establishes that the contract system is focused on the formation of equal conditions for the realization by subjects of their rights. Any person interested in the transaction has the opportunity to become an executor (contractor, supplier). Competition should be based on the implementation of the principle of bona fide non-price and price policies between private parties. This is necessary to identify the best conditions for the performance of work, delivery of goods or the provision of services. It is forbidden to perform specialized enterprises and their officials, customers, procurement commissions and their members, participants in relations of actions contrary to the provisions of the Act. Such acts also include those through which competition is limited and obstacles are unreasonably created for subjects.

Customer Professionalism

The Law "On Public Procurement" provides that, within the framework of the contract system, the activities of entities (specialized enterprises, the control body) are carried out with the involvement of qualified employees. They should have theoretical knowledge, skills and certain skills in this area. Specialized organizations, customers take appropriate measures to maintain the professional level and education of officials. This is carried out, inter alia, through advanced training or retraining in accordance with applicable regulatory requirements.The Law "On Public Procurement" determines that customers in the process of planning and implementing projects must proceed from the priority of providing municipal and state needs, acquiring high-tech and innovative products.

System unity

The contractual scheme is based on uniform approaches and principles. They allow you to provide municipal and state needs through planning and procurement. Within the framework of the contract system, monitoring and audit are carried out, and relations are monitored and regulated.

A responsibility

The Law "On Public Procurement" imposes an obligation on officials of customers to comply with regulatory requirements. These entities are personally responsible for the proper implementation of the requirements. State bodies, structures for managing extra-budgetary funds, territorial institutions of power, state-owned institutions, and other legal entities in the cases established by law when planning and conducting procurements should be guided by the need to achieve the specified indicators to ensure municipal and state needs.

Goals

44 The Law on Public Procurement defines municipal and state needs. These include, in particular:

1. Activities provided for in the programs of the Russian Federation, regions and municipalities. These include, among other things, targeted and other strategic planning documents.
2. Fulfillment of international obligations, interstate projects to which the Russian Federation is a participant.
3. Realization of powers and functions of state bodies, structures of management of extra-budgetary funds (federal and territorial level), municipal institutions of power.

National treatment

It applies when making purchases to products originating from a foreign state (or their group), services / work performed by foreign entities. The use of the national regime is carried out on equal terms with domestic objects of transactions provided by Russian entities, according to the rules and in cases provided for in international agreements of the Russian Federation. The executive body that regulates the contract system places a list of countries with which Russia has signed a corresponding agreement. It also indicates the application of the regime in the information base.

Bans

They are established to ensure the protection of the foundations of the political system, the domestic market, the country's defense, support for domestic producers, and economic development. Bans are established on the admission of products originating from abroad, works and services performed by foreign persons. The list of such states is determined according to the legislation of the Russian Federation. The executive regulatory body establishes the conditions under which foreign entities are admitted to the contract system, bans for which are provided by the government. Normative acts formulating restrictions must be published in the legislative order. Within three days after publication, they must be placed in a common information system.

Special cases

Changes in the Law "On Public Procurement" affected the activities of autonomous, municipal unitary enterprises and a number of other legal entities. In particular, budgetary institutions participate in relations under the contract system through subsidies. Funds are provided from the relevant state, regional or municipal fund. Their procurement activities may also be financed by other sources provided by law, except in certain cases. In particular, we are talking about the existence of a special regulatory act. If a budget institution has a document adopted in accordance with Part 3 of Article 2 of the Federal Law No. 223, it may make purchases:

1. Due to grants that are transferred irrevocably and free of charge by legal entities and citizens, including foreign companies with the right to transfer them on the territory of the Russian Federation, as well as subsidies received on a competitive basis from the budget of the appropriate level, if the conditions established by the grantors are not provided another.
2. As a contractor. This right is granted if, in accordance with the contract, other persons are involved in fulfilling the terms of the transaction to perform work, supply products, provide services necessary to repay the institutions assumed obligations.
3. At the expense of funds received as a result of other income-generating activities from legal entities and citizens. An exception is the provision of paid medical services under the CHI program.

When an investment is provided under the Code of Civil Procedure of the Russian Federation to a legal entity that does not act as a municipal or state institution, a unitary enterprise, when implementing projects for the reconstruction, construction, and technical re-equipment of capital facilities, the provisions of the Federal Law No. 44 governing the activities of the customer within and under the conditions established by budget normative acts in the framework of agreements on the participation of the Russian Federation, its region or the Moscow Region in the ownership of the subject of investments.