The Federal Treasury told what machine-readable powers of attorney are and how to apply them in the EIS
On September 29, a meeting of the Federal Treasury was held on the introduction of machine-readable powers of attorney (hereinafter - MCHD) into a Unified information system in the field of procurement https://zakupki.gov.ru (hereinafter – GIS EIS) and GIS "The official website of the Russian Federation in the information and telecommunications network "Internet" https://torgi.gov.ru (hereinafter – GIS BIDDING).
From September 1, 2024, all procurement participants under 44-FZ and 223-FZ will be required to use the Ministry of Emergency Situations in their work. Until that time, you can sign documents using a qualified electronic signature without using the Ministry of Emergency Situations.
From October 2, customers and suppliers can issue a machine-readable power of attorney to the EIS. The powers of attorney that are needed for purchases are formed and placed exclusively in the EIS. They will not be received from other information systems of the Ministry of Emergency Situations. To issue the Ministry of Emergency Situations under 44-FZ, you need to perform three steps:
Step 1. Configure access rights for employees who will need the MCHD.
In your personal account, in the "Administration" section, go to the "Organization Users" item. Select an employee and click on the "Registration data" button. In the "Access Rights" section, select the necessary rights for the employee and click "Save". A special icon will appear next to the access right for which the MCHD is needed. For example, it will not be possible to place a purchase notice without the Ministry of Emergency Situations.
Step 2. Fill out the power of attorney.
In the "Notification" section, select "Issue a power of attorney". A power of attorney will appear on the screen. Some of the information will be filled in automatically in the document, the rest of the data needs to be filled in manually.
Step 3. Sign the power of attorney.
On the on-screen form of the power of attorney, check the box "I confirm that I agree to sign the specified information with my electronic signature and place it in the register of powers of attorney of the EIS". Click on two buttons: "Sign" and "Post".
Similarly, the Ministry of Emergency Situations is formed according to 223-FZ in the section "Users of the organization". All powers of attorney have the same form and will be deposited in the register of powers of attorney of the EIS. Both the head of the organization and the employee as a trusted person can view the register. You will be able to print or download the document.
A machine-readable power of attorney will be sent to the EIS as part of all electronic documents through the user's personal account. A corresponding icon will appear next to the document that was signed with the help of the Ministry of Emergency Situations. If you click on the icon, you will see a power of attorney with the details and information about the principal, representative and transferors.
Using the example of the contract signing stage, Treasury specialists told how the customer and supplier will use the MCHD on the site and in the system. After the final protocol is posted, the customer forms and sends a draft contract without a signature. A machine-readable power of attorney will be needed first by the winner of the purchase. If the contract is signed by the head of the organization, a power of attorney is not needed, if another person signs it, the Ministry of Emergency Situations needs it. See on the diagram how the MCHD will arrive to the customer from the operator of the site.
If the contract is signed by another person who is not authorized to do such actions in the power of attorney, the customer recognizes the winner as having evaded the conclusion of the contract (Article 51 of Law No. 44-FZ).
When working with the Ministry of Emergency Situations , consider four rules:
1) If the EIS extends the list of powers to an employee, you need to issue a new MCHD for these powers;
2) If the MCHD is issued in the order of transfer of trust, and the power of attorney has been canceled or revoked from the principal, all issued powers of attorney will automatically become invalid;
3) If the MCHD has expired, you need to issue a new power of attorney. The term of the MCHD is not automatically prolonged;
4) In case of death, dismissal, bankruptcy, liquidation of the principal, the Ministry of Emergency Situations will operate until it is canceled by a new person who has the right to act without a power of attorney.
You can get acquainted with the materials of the Federal Treasury in the user's personal account on the EIS website, as well as on the official website of the State Procurement Committee of the Republic of Tatarstan in the sections "Information for customers under 44-FZ" - "Useful information (presentations, videos)" or by clicking on the link.