They plan to punish differently for violations in procurement under Laws N 44-FZ and 223-FZ
The Federal Antimonopoly Service has prepared a draft amendment to the Code of Administrative Offenses of the Russian Federation. Among other things, they want to clarify the provisions on liability for the wrong choice of public procurement method. It is proposed to introduce a fine of 30,000 to 50,000 rubles for an official. instead of a fixed amount.
In some cases, at first, only a warning can be issued, for example, for violating the procedure for the formation, approval and maintenance of public procurement schedules.
They also plan to introduce new offenses of administrative violations in public procurement. So, for an official, a fine of 1% of the NMTsK was provided, but not less than 10 thousand and not more than 50 thousand rubles. for violation of the requirements for the content of procurement documents, if this restricted competition.
They also want to change the provisions on liability for violation of the procurement procedure under Law N 223-FZ. So, they plan to introduce a fine for non-compliance with the volume of purchases among SMEs:
• from 30 thousand to 50 thousand rubles. - for officials;
• from 50 thousand to 100 thousand rubles. - for legal entities.
The amount of some fines is proposed to be adjusted. In particular, for unlawful demands on procurement participants, it will amount to:
• from 5 thousand to 30 thousand rubles. - for officials;
• from 10 thousand to 30 thousand rubles. - for legal entities.
In this case, the official can only issue a warning.
According to the authors of the project, the minimum fine will be imposed if the consequences of the violation are eliminated and the damage is voluntarily compensated. The maximum penalty will depend on the nature of the violation.
If a warning was provided for the composition of an administrative violation, it will first be used instead of a fine.
Public discussion of the project will end on August 5.
Document: draft federal law