NEWS

The inspectors found out that the winner of the purchase, contrary to its conditions, submitted an application for participation in the auction without a properly issued license for the provision of services. This was considered unfair competition.
The courts agreed with this interpretation, because other participants with the proper permission could not win the purchase. The winner was obliged to return income to the budget under a partially executed contract. He refused and reached the Constitutional Court of the Russian Federation.
The Constitutional Court of the Russian Federation, among other things, called the circumstances under which participation in an auction without a properly issued license and the execution of a contract concluded on its results cannot be considered unfair competition. We are talking about such circumstances:

As part of the execution of the contract for the processing of wood into solid fuel with delivery to the consignees, the contractor turned to the customer's representatives to obtain raw materials, the provision of which was refused to him. The contract was executed by the contractor through the use of its own raw materials (Review of judicial practice of the Supreme Court of the Russian Federation No. 4 (2021).
In connection with the refusal of the customer to pay for the work performed, the contractor appealed to the arbitration court with a corresponding claim.
The decision of the court of first instance, left unchanged by the decisions of the court of appeal and cassation instances, the application was refused.

The Government of the Russian Federation has amended the Decree of the Government of the Russian Federation dated August 22, 2016 No. 832 "On restrictions on the admission of certain types of food products originating from Foreign Countries for the purposes of procurement for State and municipal needs."

The parties signed a contract for services for the preparation and supply of hot food to a special reception at a price based on its average daily occupancy. Obligations were fulfilled according to requests.
The contractor appealed to the court because the customer did not pay for part of the services.
The courts of three instances supported him:
the occupancy of the receiver turned out to be more than defined in the contract, so the money was spent on payment before the expiration of its validity.

A digital platform for small and medium-sized enterprises (SMEs) has been launched in Russia.The Russian Service was created thanks to the national project to support entrepreneurship.
The platform will allow you to get the most popular government and commercial services and services for business development. At the moment, there are 11 online assistant services available that are necessary for starting and running a business. By the end of the year there will be more than 15 of them. The list of services was determined by the entrepreneurs themselves who participated in the development of the platform. It is currently running in test mode.

35 indicators are available to a legal entity on the platform, 15 parameters will be shown to an individual entrepreneur (IE), including data on stop factors. The entrepreneur will be able to see whether there is a tax debt, whether the terms of use of previously provided support have been violated.

From January 1, new additional requirements apply to procurement participants. They were grouped into sections depending on the scope of goods, works, services.
The Agency noted: the type or scope of the customer's activity does not form the conditions for the application of such requirements (p. 7 of the letter). Note that there is a different opinion in administrative practice.

The Treasury of Russia in accordance with paragraph. 2 and paragraph 3 of sub-paragraph 1 of paragraph 2 of Article 242.24 Budgetary sphere, sub-paragraph "a" of paragraph 5 of the Rules of Expanded Treasury Support, approved by the Decree of the Government of the Russian Federation dated November 24, 2021 No. 2024, approved:
Regulations for the territorial bodies of the Federal Treasury to verify the conformity of actually delivered goods (works performed, services rendered), including using photo and video equipment, information specified in the state (municipal) contract, contract (agreement), contract (agreement), documents confirming the occurrence of monetary obligations of participants in treasury support (hereinafter - the Regulations);
The procedure for the territorial bodies of the Federal Treasury to verify the compliance of actual costs with the data of separate accounting of the results of financial and economic activities under the state (municipal) contract, contract (agreement), contract (agreement) reflected in the information systems of the participants of treasury support, in which accounting and management accounting is carried out, information contained in the primary accounting documents for the specified state (municipal) contract, contract (agreement), the contract (contract) and in the expenditure declaration, including the analysis of the economic feasibility of costs (hereinafter - the Procedure).

In the procurement of design works, a requirement for membership in the SRO was established.
The FAS received a complaint that one of the applications was illegally recognized as meeting this condition: there is no information about the level of responsibility for ensuring contractual obligations in a copy of an extract from the register of SRO members. According to the data from the website of the National Association of Prospectors and Designers, the amount of the contribution to the compensation fund for their provision is 0 rubles.
The inspectors found the complaint justified. The courts supported them:

The government of the Russian Federation in accordance with part 1 and part 11 of article 24.2 of the Law No. 44-FZ adopted new Rules on the registration of bidders in a unified information system in the field of procurement and maintenance of a single register of members of the procurement (hereinafter – the Rules) (the RF Government Decree of January 27, 2022, No. 60). 
Rules: 
the manner and time of electronic registration of bidders in the EIS;
the list of information and documents on the basis of which registration is carried out;
the procedure for maintaining the unified register of procurement participants, including making changes to it;
the list of information and documents included in the register of participants, the timing of the placement of such information and documents.

A participant in the purchase of cleaning services for premises and territories complained that the customer did not establish additional requirements. Since January 1, these services are included in the list of cases when such requirements are needed.
The inspectors did not find any violations: