NEWS

According to the opinion court, the Law on OSAGO is special in relation to Law No. 44-Federal LAw, and it provides for the liability of the insurer in a larger amount. Under the OSAGO Act, the penalty for violating the term of insurance payment is 1% of the amount of insurance compensation for each day of delay. And according to the Law No. 44-Federal Law, the penalty for late performance of the contract can not be less than 1/300 of the CB of Russia refinancing rate from the contract price, which is reduced by an amount proportional to the amount of obligations fulfilled.

It is planned to establish methods of calculating the Initial (Maximum) Contract Price for the following procurement objects:

- construction, reconstruction and overhaul of capital construction objects;

- design and survey work;

- purchase and delivery of equipment;

- building control.

Сustomer’s official expects a fine of 30 thousand to 50 thousand rubles. If the violation is repeated, this person may be disqualified for a period of from one to two years.

According to the court opinion, necessity to have a service office for the repair of the supplied equipment does not refer to the demand for the availability of production facilities from the procurement participant in Russian Federation. Therefore, the requirement to have a service office on the territory of  Russian Federation complies with the Federal Law «The contract system in the procurement of goods, works, services to ensure state and municipal needs» of 05/04/2013 N 44-Federal Law.

The size of the state contract in this case should not exceed the amount of budgetary obligations taken into account.

The supervisory authority must accept a complaint about the actions of the customer when considering the second part of the applications, if the participant sent it through the communication organization before the contract is concluded, observing the terms. In the opinion of the AC of the North Caucasus District, the receipt by the antimonopoly authority of a complaint after the conclusion of the contract does not indicate that the participant violated the deadline for its submission.

The AC of the West Siberian district indicated that there is no prohibition on calculating such a period in percent. It will not lead to an unreasonable limitation of the number of participants in the purchase, If the customer will do that.

The state committee of RT on purchases with organizational support SUE RT "Centre razvitiya zakupok RT" has held on July 27 a seminar meeting for SMP, SSP, SONKO, organizations of persons with disabilities and republican producers on the subject "Participation in Procurement according to Laws 44-FZ and 223-FZ".

Deputies propose to oblige individuals to inform the customer about the grounds that prevent such persons from being members of the procurement commission. The project also provides for a similar duty for those who are already members of the commission. Violators are to be fined in the amount of thirty thousand rubles.

According to the project, consumer cooperation organizations will have the advantages which small business entities and socially-oriented non-profit organizations have. It means that the customer will need to conduct purchases from all these persons in the amount of at least 15% of the total annual volume of purchases.