NEWS

The priority is provided according to item 1 of the p. 8 of Art. 3 of the Law N 223-FL when purchasing by carrying out tender, an auction and different ways of purchase, except for purchase at the unique partner. The priority is established taking into account provisions of the General Agreement on Tariffs and Trade of 1994 and the Agreement on the Eurasian Economic Union of May 29, 2014 and consists in the following:

The state committee of the Republic of Tatarstan on purchases, the Republican agency on a seal and mass communications Tatmedia and State unitary enterprise of the Republic of Tatarstan "Center of development of purchases of the Republic of Tatarstan" hold a Republican competition on the best lighting in mass media of questions of functioning of contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs. 

Such line item of specialists of department is based on item 5 of the p. 2 of Art. 51 of the Law N 44-FL according to which the application for participation in an open tender shall contain the documents confirming introduction of providing this request, namely the payment order confirming money transfer as tender security, either the copy of this payment order or the bank guarantee conforming to requirements of Art. 45 of the Law N 44-FL.

Specialists of FAS Russia explained that medicines with MNN "Sodium chloride", the having identical dosages, but the fillings of a primary package differing in amount, shall be recognized interchangeable. It is also explained that the primary package doesn't influence therapeutic properties of medicine. Therefore the medicines having MNN "Sodium chloride" (primary package) shall be recognized interchangeable various form of release with other things being equal.

Representatives of department once again explained that the Law N 44-FL established the exhaustive list of cases of introduction of information about the procurement participant and the partner in the register of unfair suppliers. A situation when the procurement participant, to the request or the proposal of whom is assigned the second number, refused the conclusion of the contract after evasion from the conclusion of the contract of the winner, doesn't treat direction cases the customer in regulatory authority in the sphere of purchases of information and documents provided by Art. 104 of the Law N 44-FL. If information on it after all was sent by the customer to regulatory authority, then it all the same won't be included in the specified register.

Specialists of the Ministry of Economic Development of the Russian Federation believe that specifying in documentation on an electronic auction on specific state standards (GOST) without detailed disclosure as a part of documentation of content of GOST doesn't contradict provisions of the Law N 44-FL as the national standard affirms a federal executive body as the sphere of standardization (item 5 of Art. 2 of the Federal law of 29.06.2015 N 162-FL "About standardization in the Russian Federation"). At the same time representatives of department specify that specifications affirm the manufacturer of products or the contractor of work, service (item 15 of Art. 2 of the called Law) therefore it is necessary to include the detailed description of the corresponding conditions in documentation on an electronic auction.

Representatives of department explained that for implementation of purchases according to the Law N 223-FL the budgetary institution created as a result of reorganization in the form of transformation needs to approve regulations on purchase. At the same time in case of statement and placement of a regulations on purchase in EIS in 2016 the budgetary institution will be able to conduct procurement according to the provisions of the law N 223-FL not earlier than 2017. Up to this point the budgetary institution needs to conduct procurement according to provisions of the Law N 44-FL.

Owing to item 4 p.1 of Art. 32 of the Law N 44-FL, and also Rules of assessment of requests, final offers of procurement participants of goods, works, services for ensuring the state and municipal needs approved by the order of the Government of the Russian Federation of 28.11.2013 N 1085 for assessment of requests, final offers the customer in documentation on purchase establishes among others such criterion as qualification of procurement participants, including availability at them of the work experience connected with the subject of the contract and business reputation, specialists and other workers of a certain skill level.

The order of interaction of Federal Treasury with the subjects of control specified in points 3 and 6 of Rules of the control provided by part 5 of article 99 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" will come into force on January 1, 2017 and is approved according to item 12 of the Rules approved by the order of the Government of the Russian Federation of 12.12.2015 N 1367 according to the p. 6 of Art. 99 of the Law N 44-FL which will also come into force since January 1, 2017.