In what cases is the customer obliged to take advantage of goods of Russian origin in accordance with Resolution No. 1875?
Paragraph 1 of Resolution No. 1875 stipulates that when making purchases in accordance with Law No. 44-FZ, No. 223-FZ establishes:
- prohibition of purchases of goods (including those supplied during the performance of procured works, provision of procured services) originating from foreign countries (according to the list according to Appendix No. 1);
- restriction of purchases of goods (including those supplied during the performance of purchased works, the provision of purchased services) originating from foreign countries (according to the list in accordance with Appendix No. 2);
- an advantage in relation to goods of Russian origin (including those supplied during the performance of purchased works and services).
At the same time, by virtue of subparagraph "b" of paragraph 4 of Resolution No. 1875, the advantage applies if the object of purchase (the subject of purchase) includes at least one product not listed in appendices No. 1, No. 2.
The inclusion of the goods specified in the lists of appendices No. 1 and No. 2 in the object of purchase (the subject of purchase) is not a condition for applying the advantage.
Thus, the advantage applies in the following cases:
- the product(s) included in the object of purchase (the subject of purchase) is not listed in the lists of appendices No. 1, No. 2;
- the object of purchase (the subject of purchase) simultaneously includes both the goods specified in the lists of appendices No. 1, No. 2, and goods not specified in such lists.
Please note that this is a protective measure in the form of an advantage:
introduced exclusively with respect to goods (goods of Russian origin, including those supplied during the performance of purchased works, provision of purchased services);
It does not apply if the object of purchase (the subject of purchase) is exclusively works, services, during the performance of which the goods are not delivered to the customer.
This position is reflected in the letter of the Ministry of Finance of the Russian Federation dated 31.01.2025 No. 24-01-06/8697 (paragraph 5 of the letter) and is confirmed by the practice of the supervisory authority (decision of the Federal Antimonopoly Service for Perm Krai dated 29.01.2025).
According to subparagraph "h" of paragraph 3 of Resolution No. 1875, the name of the country of origin of the goods in the application for participation in the purchase is used as supporting information and documents in determining the advantage (such indication is carried out in accordance with subparagraph "b" of paragraph 2 of part 1 of Article 43 of Law No. 44-FZ).
When making purchases under Law No. 223-FZ, it is advisable to follow the provisions of subparagraph "h" of paragraph 3 of Resolution No. 1875 (paragraph 7.3 of the letter of the Ministry of Finance of the Russian Federation dated 01/31/2025 No. 24-01-06/8697).