Changes in the procedure for sending information to the RNP and other amendments to Law 44-FZ passed the State Duma
They propose to change paragraph 11 of Part 1 of Article 93 of Law No. 44-FZ. Production of goods (performance of works, rendering of services) from the special list will be extended to the internal system needs of the UIS (p. 3 of the project). These amendments should enter into force from the moment of publication (p. 10 of the draft).
Corrected the order of sending information to the RNP. These innovations will come into force on July 1, 2021 (page 10 of the draft). The grounds were left the same. Clarified the information for inclusion in the register (p. 3-5 of the project). For example, data on participants (members) of a corporate legal entity that may influence its activities will be included in the RNP if they themselves or together with an affiliate own more than 25% of the shares (shares, units) of such a legal entity — a participant in the procurement, a contractor under the contract (p.5 of the project).
Information on board members will continue to be included in the RNP. The project clarified that if their powers are transferred to another person, data about them will be included in the register (p. 4 of the project).
Customers will send a request to the FAS to include information in the RNP (page 5 of the draft). Its composition, form and content will be determined by the government (p. 8 of the draft). Such application will be grounds for unscheduled inspections (page 3 of draft).
They also provided that information will be excluded from the RNP after two years from the date when the supervisors had the obligation to include information in the register, and not from the date of its entry in the RNP (p. 7 of the draft).
It should be noted that in practice, it often happens that the antimonopoly authority includes information in the RNP with a delay. Because of this, participants in the procurement or contractors under the contract can not count on the timely exclusion of an entry from the register. The courts recognize this as illegal (in particular, the AC of the Far Eastern District, the AC of the Volga-Vyatka District).
In addition, they will fix cases when information can be excluded from the RNP ahead of time (p. 7 of the draft). This will happen if, for example, the customer's decision on unilateral refusal is recognized as illegal or invalid.
Document: Draft Federal Law No. 905695-7