Benefits to institutions and enterprises of the UIS and organizations of persons with disabilities under Law No. 44-FZ: the procedure for providing
According to experts of the Ministry of Finance of the Russian Federation, if the purchased goods, work, service are included simultaneously in both lists approved by the Decree of the Government of the Russian Federation No. 3500-r dated December 8, 2021, advantages in the procurement are provided to both institutions and enterprises of the UIS and organizations of disabled people (Letter of the Ministry of Finance of the Russian Federation dated February 21, 2022 No. 24-01-08/11994).
In other words, if, when purchasing such goods, works, services, a contract is concluded with a procurement participant who is an institution or an enterprise of the UIS, the benefits are provided in accordance with Article 28 of Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the procurement of goods, works, services for state and municipal needs", and if with an organization of disabled people – in accordance with Article 29 of Law No. 44-FZ.
Recall that the benefits of article 29 of the Law No. 44-FZ, apply to organizations of disabled persons listed in part 2 of article 29 of the Law No. 44-FZ, namely:
all-Russian public organization of disabled people (including those created as unions of disabled people's organisations), members with disabilities and their legal representatives shall amount to not less than 80%;
organizations whose authorized (pooled) capital consists entirely of contributions from all-Russian public organizations of disabled people and the average number of disabled people in which, in relation to other employees, is not less than 50%, and the share of disabled people's wages in the wage fund is not less than 25%.
At the same time, Article 28 of Law No. 44-FZ applies to all institutions and enterprises listed in Article 5 of the Law of the Russian Federation No. 5473-I of July 21, 1993 "On institutions and bodies executing criminal penalties in the form of imprisonment".