On the rules of working with the Ministry of Emergency Situations within the framework of 44-FZ and 223-FZ
Starting from September 1, 2024, this form of power of attorney will become mandatory for all procurement participants. Until that time, you can sign documents with the CAP without 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 generated and placed exclusively in the EIS. They will not be received from other information systems of the Ministry of Emergency Situations. To issue a Ministry of Emergency Situations under 44-FZ, you need to complete three steps.
Step 1. Set up 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, you will not be able to post a purchase notification 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 the document automatically, the rest of the data must 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 an employee as a trusted person can view the registry. 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 details and information about the principal, representative and transferors.
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:
If the EIS expands the list of powers for an employee, you need to issue new MES for these powers.
If the MCHD is issued in the order of transfer, and the power of attorney has been canceled or revoked from the principal, all issued powers of attorney will automatically become invalid.
If the validity period of the Ministry of Emergency Situations has expired, a new power of attorney must be issued. The term of the Ministry of Emergency Situations is not automatically extended.
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.