What requirements of Federal Law No. 44 apply to legal entities that have received a targeted subsidy?
Specialists of the Ministry of Finance of the Russian Federation spoke about the specifics of procurement by legal entities specified in Part 4.1 of Article 15 of Federal Law No. 44, when providing them with subsidies provided for in paragraphs 8 and 8.1 of Article 78 and sub-paragraphs 3 and 3.1 of paragraph 1 of Article 78.3 of the Budget Code of the Russian Federation. In particular, it was clarified that the provisions of Federal Law No. 44 regulating the procurement planning procedure do not apply to the procurement of these persons. They also have no obligation to achieve the volume of purchases from small business entities, socially oriented non-profit organizations and to achieve the minimum mandatory share of purchases of Russian goods.
In addition, representatives of the Ministry stressed that when these legal entities carry out purchases at the expense of the relevant subsidies, the need for them to apply the provisions of Federal Law No. 44 in terms of the specifics of contract performance has not been established. The provisions of Federal Law No. 44 regarding electronic registration are also not subject to application.
Document: Letter of the Ministry of Finance of the Russian Federation dated April 26, 2023 No. 24-06-06/38206