The Federation Council approved the law on uniform rules for the application of the national regime in public procurement
The document developed by the Ministry of Finance of the Russian Federation is aimed at ensuring the purchase of Russian goods, works, and services in purchases under 44-FZ and 223-FZ.
The purpose of the law is to stimulate the consumption of Russian goods, works, and services, and to strengthen support for Russian manufacturers.
To achieve these goals, the document establishes the right of the Russian Government to apply "protective measures" by establishing prohibitions or restrictions on purchases of certain foreign goods, works, services, as well as by establishing a 15% price preference for Russian goods, works, and services.
The establishment of a ban entails the impossibility of supplying the relevant foreign goods, performing work and rendering services by foreign persons.
The restriction provides for the use of the "second superfluous" mechanism, in which applications with foreign goods are subject to rejection if there is at least one application with Russian goods. Similarly, such a mechanism is used for the purchase of works and services.
It also introduces the possibility of providing additional support for goods of Russian origin with a higher technological level of localization of production in the Russian Federation. If there are simultaneous requests for the supply of Russian goods with a low and high level of localization of production in the country, priority will be given to the latter.
At the same time, the law, when taking "protective measures", provides for taking into account the international obligations of the Russian Federation to provide national treatment to foreign goods, works, and services.
For example, when purchasing goods, works, and services originating from the territory of the EAEU member states in accordance with 44-FZ, a regime of admission to such purchases will be provided equal to the regime for Russian goods, works, and services.
Within the framework of 223-FZ, these measures will be extended in cases in which exceptions from the national regime are allowed within the framework of the WTO. We are talking about purchases in the fields of national security, state defense orders, nuclear energy, purchases for non-commercial purposes by state corporations, public law companies, autonomous and budgetary institutions.