Conclusion follows from the letter of the Ministry of Economic Development. The unitary enterprises aren't obliged to approve annually the provision on purchase, has emphasized department. At the same time they have the right to change situation.
The letter concerns the unitary enterprises which when purchasing apply the Law N 44-FZ and only in exceptional cases can be guided by the Law N 223-FZ.
The law N 44-FZ provides that the unitary enterprises can conduct within a year procurement under the Law N 223-FZ according to the provision on purchase adopted and placed prior to the beginning of a year in EIS. From norm it wasn't clear whether it is necessary to approve situation annually therefore the explanation was required.
We will remind, the unitary enterprises applying the Law N 44-FZ can carry out purchases under the Law N 223-FZ only in the following cases:
- purchases are financed by grants, and the grantor hasn't provided other;
- the enterprise - the performer under the contract attracts the third parties. An exception - contracts with the only supplier which are concluded on the basis of the acts adopted by the president or the government.
Document: The letter of the Ministry of Economic Development of the Russian Federation from 3/13/2017 N OG-D28-2628