Position is based on the civil code. The code allows for transactions to use the analogue of a handwritten signature, if it is stipulated in legal acts or the agreement of the parties. Since the Law N 223-FZ there are no rules for the use of facsimile, the parties to the contract can set them in a separate agreement.
Federal law of 03.07.2016 N 321-FZ (hereinafter - the Law No. 321-FZ) extends the Law N 44-FZ on state and municipal unitary enterprises from 1 January 2017.
According to experts, if the advance payment exceeds 30% of the MSPC, and the proposed application of the participant the purchase price reduced by 25% or more relative to the MSPC, in the case where the MSPC less than 50 million rubles, the amount of the security for performance of the contract shall not be less than the size of the advance, and in the case where the MSPC more than 50 million rubles, the enforcement of the contract is provided in polutorakratnogo the size of the advance. Conclusion representatives of the Ministry of economic development of Russia is based on section 6 of article 96 and article 37 of the Law N 44-FZ.
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.