The newly created legal person - the customer on 223-FL can the first 3 months of a message of purchase under the Civil Code of the Russian Federation

The customer falling under operation of the Law N 223-FL shall approve regulations on purchase within three months from the date of registration as the legal person. When purchasing during this period, according to the Ministry of Economic Development, the customer has the right to apply the Civil Code of the Russian Federation.

It is possible to draw a conclusion: the customer within three months from the moment of state registration has the right not to carry out procurement procedures under the Law N 223-FL until the regulations on purchase are approved and placed in the unified information system (UIS). Department in the letter didn't specify an order of the conclusion of agreements under the Civil Code of the Russian Federation during this period. We believe, it is admissible to work according to rules Civil Codes of the Russian Federation about the conclusion of agreements, without resorting to tendering.

If after three months from the moment of registration the customer didn't approve regulations on purchase and didn't place it in EIS, it is necessary to carry out purchases under the Law N 44-FL. This obligation will work until the provision appears in EIS.

Document: Letter of the Ministry of Economic Development of the Russian Federation of 19.08.2016 N OG-D28-9983