How, according to Law No. 44-FL, to purchase ticket booking services?
Specialists of the Ministry of Finance of the Russian Federation explained in their letter that the purchase of services at the price of a unit of service in accordance with the procedure provided for in Part 24 of Article 22 of Law No. 44-FL is permissible in cases where it is possible to set the price of the specified unit of service. At the same time, it is impossible to determine the price of a unit of service for booking, registration, sale, and refund of tickets, including the actual cost of the ticket, if such a cost does not have a fixed price.
Representatives of the Ministry also noted that customers, when making purchases, use competitive methods to identify counterparties or purchase from a single counterparty. At the same time, if there are no grounds for purchasing from a single counterparty, in accordance with the provisions of Part 1 of Article 93 of Law No. 44-FL, the customer must apply competitive methods for determining counterparties.
Recall that by virtue of Part 24 of Article 22 of Law No. 44-FL, if the quantity of goods supplied, the amount of work to be performed, and the provision of services cannot be determined, the customer determines the initial price of a unit of goods, work, services, the initial amount of prices of these units, the maximum value of the contract price, and also justifies in accordance with Article 22 of Law No. 44-FL the price of a unit of goods, work, services. In this case, by virtue of Part 1 of art. 34 of Law No. 44-FL, the contract must contain the procedure for determining the scope of execution - the quantity of goods supplied, the amount of work performed, the service provided on the basis of customer requests. At the same time, according to Part 1, paragraph 1, Part 13 of Article 34 of Law No. 44-FL, the contract must specify that payment under the contract is made at the price of a unit of goods, work, services based on actual performance (actually delivered quantity of goods, volume of work actually performed or service rendered), but not higher than the maximum value contract prices.
Documents: Letter of the Ministry of Finance of the Russian Federation dated April 5, 2024 N 24-06-06/31205
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