Purchases on 223-FZ only at small and medium business: the legal entity doesn't participate if it isn't in the register of SMSP

The legal entity can't participate in purchases on 223-FZ which are carried out only among subjects of small and medium business if the information about him is absent in the unified register of subjects of a small and average entrepreneurship. So considers the Ministry of Economic Development.
It is known that carrying out purchases among specified persons regulates the Order of the Government N 1352. According to its provisions procurement participants on 223-FZ, carried out only among subjects of small and medium business, shall confirm the status with data from the register of SMSP.
This rule doesn't extend on newly created legal entities and again registered by SP. They are obliged to provide instead of data from the register the declaration of conformity to criteria of reference to subjects of SMSP.
If the information about the participant is absent in the register of SMSP or the declaration isn't provided, the customer on this basis accepts one of the following decisions:
- about refusal in the admission to participation in purchase of such participant;
- about refusal of the conclusion of the contract with the procurement participant who is the unique supplier.
It is interesting to note: from participants of the purchases which are carried out under the Law N 44-FZ among small business entities and socially oriented NPOs it isn't required to confirm belonging to small business with data from the register of SMSP. They shall provide in the request only the declaration.
Document: Letter of the Ministry of Economic Development of the Russian Federation of 29.12.2016 N D28i-3468