The specialists of the Ministry noted that in accordance with the provisions of the Methodology for making estimates of the contract, the subject of which is the construction, reconstruction of capital construction facilities, approved by the order of the Ministry of Construction of the Russian Federation dated December 23, 2019 N 841/pr, the cost of work performed by the contractor and paid by the customer in 2021-2022 before the date of execution of the corresponding calculation, as well as the cost of work performed by the contractor and paid by the customer from the date of execution of the calculation to the date of conclusion of an additional agreement on changing the contract price, subject to adjustment. At the same time, they stressed that the increase in the price of works performed and accepted by the customer from January 1, 2023 to the date of submission of the calculation is not provided for by the specified Methodology.
According to the new paragraph 63 of Part 1 of Article 93 of Federal Law No. 44, from November 13, 2023, a lease agreement for residential premises, including those located on the territory of a foreign state, can be concluded with a single counterparty for their provision to military personnel and their family members living together with them in accordance with the legislation of the Russian Federation.
The Ministry of Finance of the Russian Federation proposes to adjust the amount of fees charged by operators of electronic platforms from a person with whom a contract is concluded based on the results of an electronic procedure, a closed electronic procedure, including a joint tender or auction, established by paragraph 2 of the Decree of the Government of the Russian Federation of 10.05.2018 N 564 "On charging by operators of electronic platforms, operators of specialized electronic platforms fees when conducting an electronic procedure, a closed electronic procedure and setting its maximum size." In particular, it is proposed to set a maximum fee of 1% of the initial (maximum) contract price, but not more than:
The deputies of the State Duma in the third reading adopted a law providing for the expansion of the list of relations established by part 2 of Article 1 of Federal Law No. 44, to which this Law does not apply.
The Ministry of Industry and Trade of the Russian Federation proposes to recognize the unified register of Russian radio-electronic products provided for by the Decree of the Government of the Russian Federation No. 878 of 10.07.2019 as an integral part of the register of Russian industrial products provided for by the Decree of the Government of the Russian Federation No. 719 of 17.07.2015. The draft of the relevant decree of the Government of the Russian Federation is published on the federal portal of draft regulatory legal acts (project ID 02/07/10-23/00143055).
The letter prepared by the specialists of the Ministry of Finance of the Russian Federation notes that the documents confirming the participants' compliance with the requirements established in accordance with the legislation of the Russian Federation may not be provided for by law at all. According to paragraph 2 of Article 3 of the Federal Law No. 99 dated 04.05.2011 "On Licensing of certain types of activities", the license is confirmed by an entry in the register of licenses. Therefore, the application for participation in the procurement must contain relevant documents only if such documents are provided for by industry legislation.
The State Duma adopted in the first reading draft Federal Law No. 390953-8 "On Amendments to Articles 105 and 112 of the Federal Law "On the Contract System in the Procurement of Goods, Works, Services for State and Municipal Needs" (in terms of ensuring the execution of contracts by foreign procurement participants and their complaints). Submitted by the Government of the Russian Federation on 06/28/2023.
Representatives of the Ministry noted that the right to file a complaint to the control body in the field of procurement in accordance with the procedure established by Chapter 6 of Federal Law No. 44 was granted to the procurement participant, provided that the actions (inaction) of the subject of control being appealed violate the rights and legitimate interests of such a participant. Accordingly, the condition for filing a complaint is the initial availability of the rights and legitimate interests of the procurement participant, which are violated by the actions (inaction) of the subject of control during the procurement. Thus, the reason for refusal to accept a complaint for consideration may be the absence of a special legal capacity of the procurement participant (for example, the absence of membership in the relevant self-regulatory organization), the non-compliance of the participant with additional requirements established in accordance with the Decree of the Government of the Russian Federation of December 29, 2021 N 2571 "On requirements for participants in the procurement of goods, works, services to meet state and municipal needs and invalidate certain acts and certain provisions of acts of the Government of the Russian Federation."
The letter prepared by the specialists of the Ministry of Finance of the Russian Federation notes that in the cases of purchases from a single counterparty specified in Part 15 of Article 34 of Federal Law No. 44, including in the case established by paragraph 56 of Part 1 of Article 93 of Federal Law No. 44, the contract cannot be concluded orally.
In the description of the object of purchase, it is allowed to indicate a trademark if we are talking about the purchase within the framework of Federal Law No. 44 of medical devices or specialized medical nutrition products that are needed for prescribing to a patient for medical reasons (individual intolerance, for vital indications) by decision of the medical commission, and these medical devices / products are included in a special list approved by the act The Government of the Russian Federation.