NEWS

The superior court has cancelled the interim measures taken by court of the first instance. They were that the customer was forbidden to send information connected with unilateral refusal of the contract to OFAS.

The position of the Ministry of Economic Development is based that the Law N 44-FL doesn't establish a duty of the customer to attach information on their qualification to the protocol of consideration and an assessment of applications of participants of a competition.

Since May 15 the order of Minpromtorg containing a form of the standard contract for rendering services in diagnostics, servicing and repair of vehicles works. The form is applied irrespective of the size of the initial (maximum) price of the contract (NMTsK).

The procurement commission, according to OFAS, has broken the Law N 44-FL, having rejected the application because of lack in her of information on guarantee certificates. The court has supported a position of antimonopoly authority.

Since May 12, 2016 registration of customers and participants of purchases in system of electronic invoices in the sphere of purchases of the Republic of Tatarstan sedogkz.zakupki.tatar (further - SEDO GKZ RT) is carried out independently.

The list of finished goods of mass consumption which purchases don't provide advancing is approved.

Counting the initial (maximum) price of the contract (NMTsK) when purchasing construction works, the customer will have to be guided by budget standards. This conclusion can be drawn, having analysed the project of changes of GRK Russian Federation.

It is offered to enshrine in the Federal law of July 18, 2011 N 223-FL "About purchases of goods, works, services as separate types of legal entities", for example, that data on the bank guarantee providing the application or the contract have to be in the register of bank guarantees established in the Federal law of April 5, 2013 N 44-FL "About contract system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs". The customer will be able to accept a guarantee if it was given by bank which is included in the list provided by the Tax Code of the Russian Federation.

At performance of the contract it is inadmissible to change the name of the producer, leaving characteristics of goods former. A conclusion of the Ministry of Economic Development is proved by the fact that the Law N 44-FL allows to replace goods if his quality, technical and functional characteristics (consumer properties) have improved in comparison with the quality and the corresponding technical and functional characteristics specified in the contract. In this case corresponding changes have to be entered by the customer in the register of the contracts concluded by the customer.

Under the Law N 223-FL the register of contracts is kept in the unified information system (UIS). The Ministry of Finance "repeatedly" specifies: in this Law the exhaustive list of cases in which information on purchase isn't placed in EIS is established: