Amendments to Laws No. 44-FZ and 223-FZ on conflict of interests were adopted in the second reading
According to Law No. 223-FZ, the head of the customer, a member of the procurement commission will take measures so that a conflict of interest does not arise during the purchase. The amendments passed the second reading on May 24.
They will not become members of the commission (p. 2-3 of the project):
an individual with a personal interest in the purchase;
participants (shareholders) of organizations that have submitted applications, members of their management bodies, creditors;
other natural persons from the procurement regulations.
The Law No. 44-FZ already has a list of possible participants in the conflict of interests. This list will be clarified (p. 4-5 of the draft). In particular, they specify which management bodies of the legal entity participating in the purchase will enter into a conflict of interest with the customer. For example, the founder of a unitary organization.
The list of persons who cannot become members of the procurement commission will also be changed. For example, the experts involved in assessing the compliance of participants with additional requirements will be removed from their number (p. 6-7 of the project).
The absence of a conflict of interest will be monitored, in particular, by the head and employees of the contract service (p. 5 of the project).
It is planned that most of the amendments will come into force on July 1 (p. 8 of the draft).
Document:Draft Federal Law No. 1145363-7