Federal Law No. 223 may contain provisions on the specifics of participation in procurement of socially oriented non-profit organizations

11 August 2023, Friday

The deputies of the State Duma took the initiative to establish in Federal Law No. 223 the conditions for participation in procurement carried out in accordance with this Law, socially oriented non-profit organizations (hereinafter-SONO). According to the bill, it is planned to equalize the rights of SONOS with small and medium-sized businesses in order to participate in procurement. At the same time, the draft provides that the total annual volume of purchases taken into account when making purchases from small and medium-sized businesses includes purchases involving not only small and medium-sized businesses, but also SONOS.

Recall that according to paragraph 2 of Part 8 of Article 3 of Federal Law No. 223, the Government of the Russian Federation has the right to establish the specifics of the participation of small and medium-sized businesses in the procurement carried out by individual customers, the annual volume of purchases that these customers are required to carry out from small and medium-sized businesses, the procedure for calculating the specified volume, as well as the form of the annual report on procurement from small and medium-sized businesses and requirements for the content of this report.

Currently, the relevant Regulation approved by the Decree of the Government of the Russian Federation of 11.12.2014 N 1352 is in effect. At the same time, the subjects of small and medium-sized entrepreneurship in the Regulation are consumer cooperatives and commercial organizations (with the exception of unitary enterprises), as well as individual entrepreneurs, peasant (farmer) farms that meet the conditions listed in Article 4 of Federal Law No. 209 of 24.07.2007 "On the development of small and medium-sized entrepreneurship in the Russian Federation". Also, by virtue of part 15 of Article 8 of Federal Law No. 223, the provisions of this Law concerning the participation of small and medium-sized businesses in procurement apply to "self-employed" persons.

Document: Draft Federal Law No. 418126-8

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