This conclusion will help to put into practice the provisions p. 7, Art. 95 of the Law N 44-FL, which provide for consultation with the customer to deliver the goods (works, services) with improved characteristics compared with those in the contract.
It can be concluded from the Decision of the Arbitration Court of St. Petersburg and Leningrad region.
The competition authority has recognized the customer violated the law N 44-FL, as he set a requirement of the participant equipment in the property. The customer did not agree with the decision of FAS and appeal to the court.
The court did not satisfy the requirements of the customer. Conditions under which the necessary equipment should be a participant on the property right, is unlawful. No other legal basis for the use of equipment (such as rent) documentation was not provided.
To verify compliance with established customer requirements, can not be instead of your own documents show documents (including license) other legal entities with the participants engaged in joint activities.
On January 10, 2016, customers, who realized procurement under the Law N 223-FL should conclude the contracts in accordance with the procurement plan (if information about such purchases should be included in it is mandatory).
Now responsible for crimes under Sec. 30 of the Criminal Code (etc., abuse of power in procurement) can involve leaders of unitary enterprises and joint-stock company, a majority of which belongs to the Russian Federation, subjects of the Russian Federation or municipalities.Previously, for abuse of power in the criminal liability could attract only those persons in state and local government agencies, public corporations, the armed forces and other military formations of the Russian Federation (including the chiefs).
Because of this association may reduce the number of participants in procurement and as a consequence,arise any violation of the antimonopoly legislation and legislation about the contract system.
Decree of the President of the Russian Federation of 15.07.2015 №364, identified the measures to organization improve of activities in the combating corruption. The Decree also approved the Standart Regulations about Commission on the anti-corruption coordinate.
30.07.2015 at 14.00 a meeting of the Public Council under the State procurement Committee of the Republic of Tatarstan, which have been highlighted the most important issues arising in the area of procurement of goods (works, services) for state and municipal needs.