NEWS

Explanations of the Ministry of Economic Development concern a situation when the state customer carries out purchase only among small business entities and socially oriented non-profit organizations.

Registration of physical person as individual entrepreneur doesn't create a legal succession. Therefore there are no bases to change the contract.

According to the Ministry of Economic Development, customers on 223-FL independently establish requirements to qualification of the workers who are engaged in carrying out purchases. Therefore it is possible to demand from procurement experts that their qualification answered the professional standard of Ministry of Labor.

Since December 16 the List of separate types of the medical products coming from foreign states concerning which restrictions of the admission for the purposes of implementation of purchases for ensuring the state and municipal needs are set, approved by the order of the Government of the Russian Federation of 05.02.2015 N 102 will be reworded as follows.

Since January 1, 2017 in Rules of maintaining the register of the contracts signed by customers who are approved by the order of the Government of the Russian Federation of 28.11.2013 N 1084, in particular, the following will change:

From this date in Rules of maintaining the register of the contracts containing the data which are the state secret, approved by the order of the Government of the Russian Federation of 28.11.2013 N 1084 including, the following will change:

Representatives of department explained that item 1 of the p. 10 of Art. 4 of the Law N 223-FL is the peremptory rule. Respectively, in case of creation of documentation on purchase customers are obliged to be guided by the legislation of the Russian Federation on technical regulation, and also the legislation of the Russian Federation on standardization.

The state committee of RT on purchases together with SUE RT "Centre razvitiya zakupok RT" held on December 13, 2016 a seminar meeting for customers under the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" of 05.04.2013 No. 44-FL. 264 representatives of the state and municipal customers of the Republic of Tatarstan participated in an action.

Specialists of department draw such conclusion from item 2 p.1 Art. 33 of the Law N 44-FL according to which the customer in case of creation of the description of a subject to purchase uses if it is possible the indicators, requirements, symbols and terminology concerning technical characteristics, functional characteristics (consumer properties) of goods, work, service and quality characteristics of a subject to purchase which are provided by the technical regulations accepted according to the legislations on technical regulation, the documents developed and applied in national system of standardization, accepted according to the legislation on standardization, other requirements connected with determination of compliance of the delivered goods of the performed work of the rendered service to needs of the customer. If the customer in case of creation of the description of a subject to purchase doesn't use stipulated by the legislation indicators, requirements, symbols and terminology, documentation on purchase shall contain reasons for need of use of other indicators, requirements, symbols and terminology.

According to representatives of department, the customer isn't obliged to terminate the agreement signed according to provisions of the Law N 223-FL and providing prolongation the next year because the Federal law of 03.07.2016 N 321-FL on January 1, 2017 will come into force.