The law on conflict of interests in public procurement and procurement of certain types of legal entities has been signed
According to amendments to Law No. 44-FZ, any member of the commission, contract manager or employee of the contract service of any customer must report a conflict of interest. Amendments to Law No. 223-FZ oblige managers and members of commissions of all customers to resolve conflicts of interest.
Public procurement
Any members of the procurement commission must immediately report a conflict of interest (paragraphs "b" and "c" of paragraph 4 of Article 2 of the amendments). Now this applies, for example, to civil servants and employees from the lists of positions in institutions and other organizations created to fulfill the tasks of federal government agencies. A similar obligation will appear for all employees of contract services and contract managers (paragraph "b" of paragraph 3 of Article 2 of the amendments). Recall that for violating this requirement, you can dismiss an employee under an employment contract, and not just a civil servant.
The list of persons who cannot be members of the commission has been adjusted:
the experts involved in assessing the compliance of participants with additional requirements have been excluded;
added employees of participants-individuals.
The mention of the close relatives of the head of the participant was removed from the list. At the same time, it was clarified that the interest of an individual is established according to the criteria from the Anti-Corruption Law (paragraph "a" of paragraph 4 of Article 2 of the amendments). This means that relatives of the participant's supervisor will still not be able to be members of the commission.
The innovations will start working from July 1 (paragraph 1 of Article 3 of the amendments).
The anti-corruption requirement for participants has also been slightly changed. This norm will enter into force on January 1, 2023 (paragraph 2 of Article 2 and paragraph 2 of Article 3 of the amendments).
Purchases of certain types of legal entities
The head of the customer, members of the procurement commission will take measures so that a conflict of interest does not arise during the procurement (Article 1 of the amendments).
Members of the commission will not be:
individuals with a personal interest in the purchase, in particular persons who are in labor relations with the participants of the purchase. The presence of interest is established according to the criteria from the Anti-Corruption Law;
participants (shareholders) of organizations that have submitted applications, members of their management bodies, creditors;
other natural persons from the procurement regulations.
The amendments will come into force on July 1. The procurement regulations need to be adjusted and placed in the EIS before October 1 (paragraphs 1 and 3 of Article 3 of the amendments).
Document: Federal Law No. 160-FZ of 11.06.2022