223 fz. An example of an international organization with a sense of urgency. Tse need to know

This purchaser under 223-FZ gives the opportunity to legal and physical persons to take part in tenders and auctions for the security of the needs of organizations, which need to have over 50% of the capital of the state, and their daughters. Principal enforcement of this normative act in the form of FZ-44 is for the one who regulates the sphere of the purchaser, including the deputy of the sovereign form of power.

Conducted purchaser s 223-FZ is based on the following principles:

• vіdkritostі - all materials of the object of purchase are rebuyed with free access;
• equality, fairness, fair competition. These principles direct to the creation of a single legal field for all participants in the tender, so that the security of uniform rules and criteria for all parties to take part in the competition;
• of the central and economically docile stained-glass windows penny koshtіv. This principle transfers the efficient use of finances, avoids untrue vitrates, and navit іnshі come in, create for the fast vitrats of the deputy;
• the opening of the border for those who wish to take part in the competition with a path of navmisny molding of the unknown (declarations) could.

We have changed the principles of directing to improve the efficiency of buyers, reduce the level of evil and corruption.

Who can be a substitute

Within the framework of this normative act, the following can be placed:

• organizatsii, suspіlstvа, monopolies, yakі mаyut part of the participation of the state in the statutory capital outweighs 50%;
• daughter partnerships, at the statutory capital of any legal entity, designated under paragraph 1, may be over 50%;
• organizations, over 50% of the capital of which should be owed to the established subsidiary partnerships;
• budgetary organization when making purchases for money grants, or if they act as vicons for the good, for vicons minds it is necessary to get third-party osib; otherwise, the purchase is charged for the account of the cost, taking into account the conduct of one's activities.

Who can take part in the tender

Take part in the competition for the supply of products, or more services may be more legal or physical person, as well as individual receipts

Depending on the fact that the object of the purchase, the organization warehouses the purchase plans:

• more lower by one river, if it is necessary to bring goods, servants, vikonati robots;
• for a period of 5 to 7 years, it is necessary to purchase innovative and high-tech products, likes.

Features of purchasing from small business entities

As a matter of fact, prior to legislation, the patrons of the goiters are holding competitions, the participants of which may be representatives of small businesses, at least 18% of the joint commitment of all contracts for the river (for example, the purchase was carried out on the basis of large minds, and a representative of a small business became a supporter). In addition, 10% of all buyers were responsible only for small business entities.

In order to carry out the purchase of a small business entity, the organization needs to put together a purchase plan, indicate in a new transfer of goods and services, as well as their main parameters and characteristics. If this information is posted on the official website, there will be data on all purchases that are made by the state, as well as on the third party organization.

Considering that the budget of the first contract for the provision of a contract or the salary does not exceed 50 million rubles, the deputy in the obligatory order can hold a competition only among representatives of small businesses. If the subject of the purchase is between 50 and 200 million rubles, the organization may have the right to carry out large-scale purchases between enterprises and small firms, and the other option - if the budget for the purchase is overwhelmed by 200 million rubles - will have a tender.

Varto signify that not all purchases are guaranteed by the insolent obligation. Acts from them are not taken to the point of respect: materials and work in the field of atomic energy, defense, and also everything that can avenge the state secrets lie before such subjects and services. Crimea, don’t be afraid to purchase valuable papers, services of insurance, leasing public services, subjects of intellectual activity, energy sources

Who belongs to small business

Depending on the adopted standards, from 2015 the fate of representatives of small businesses lies:

• for the number of practitioners: medium-sized businesses, de-practice from 101 to 250 cases, small - from the middle state up to 100 cases and micro-principles - up to 15 cases;
• for the money for the river: medium enterprises - 2 billion rubles, small - up to 800 million rubles and micro enterprises - 120 million rubles.

223-FZ for chatkivtsiv - just about folding: Video

Based on the practice of purchasers, which has developed in the sphere of state (municipal) and corporate needs, sometimes such a situation develops, when a deputy manager needs to be informed in his plans about how to carry out specific purchases. Law No. 44-FZ already exactly dictates the order of such a decision. So, when requesting a quotation, the deputy can ask for a purchase no later than two days before the deadline for submitting applications. So, the deputy may have the right to change the date of purchase before the placement of the notice in the EIC, for which it is necessary not less than 10 days before the placement of the notice in the EIC, to make changes in the established order before the schedule of purchases.

In his line of 223-FZ, do not retaliate against similar specific norms that apply from the deputy deputy to the purchaser. In fact, it is not possible for clause 9 of the Rules to formulate a plan for the purchase of goods (work, services) approved by the Decree of the Russian Federation on September 17, 2012 No. In addition, I will ask for the purchase), if it is entered through a tender or an auction, then the wines of the goiter should be added to the lines no less than the listing in the EIC of information about the purchase, documentation about the purchase, or changes made to them. Tim himself is the legislator himself, giving freedom to the deputy for those who, for the rest of the mind, independently establish the “rules of the grid” for the problems that have been destroyed today in their provisions on procurement. Calling to such a level of freedom of creativity, post-workers (vikonavtsy, contractors), as if they were gazing at the right mind, it’s necessary to resolutely recognize it with zmist purchasing documentation okremy deputy. In order to protect all possible situations as much as possible, it is necessary for your guard, your deputy, to respectfully set yourself up to the rules of your regulations on purchases.

Let's look at three possible options appoint a deputy in the conduct of purchases for 223-FZ:

Option 1.

Vіdmova zamovnika vіd carried out the procedure of purchase before the placement of the notification of the ЄІС.

This will be the most painless for the deputy, - for whom it will be enough to turn on the purchase, which has become indecent, according to the plan.

It is imperative, Phannya Nekhokhnytynnaya Zmin to the Plan of Vykhovli from the once, if the Zamovtnik has changed my mind to the Zdiisnati Purchase, є Diskkliki, the vice of the Zobovi, Viclichati Viclitov, the Vypannya, Nadannya Svakpyl. viniknennya consumption from the purchaser after an accident, others supra-extreme situations natural chi technogenic nature, non-selective force, for the necessity of the term medical introduction, and to induce the threat of viknennya zaznachennyh situation (part 5.1 of article 3 federal law dated July 18, 2011 No. 223-FZ “On the purchase of goods, work, services okremi species legal issues”) - other norms, such as “binding” the actual procurement activity of the deputy to the procurement plan from the legislation is not possible.

In such a rank, as if there were no force majeure situations, the deputy can lay down a contract for the purchase of goods (labor, services) only for the sake of understanding the obviousness of the vіdpovіdny vіdomosti at the planіvіvlі. If so, as a deputy, you are going to make a new purchase, information about the same day at the plan, or if you want to buy a bigger obligation, for a large sum, in other terms, just, we can make changes to the contract for laying the rights, making changes to the plan. Legislation does not break down and at times, as a substitute, who, having changed his mind, does not lay down a contract for making these other purchases, information about this time is present in the purchase plan. It is necessary to indicate that such a visnovo about the necessity of making a change to the purchase plan from time to time in the same place should be brought to other types of change, as it will be appointed further. Tim is not less, the deputy is still recommended, if possible, to switch on the purchase, depending on the purchaser’s plan, so this moment can be debatable.

Option 2.

Vіdmova zamovnika vіd carried out the procedure of purchasing after the placement of ЄІС

To finish often, the deputies go into such formulas, for those who are behind the deputies, they lose the right to act in the conduct of the purchase, be it any stage. Insanely, this zabіzhny zasіb is too hard for the deputy and leaves "room for maneuver."

The very same norm is enshrined in the Regulations on Procurement VAT "NK Rosneft" according to all procurement costs, competition and auction (request for proposals, request for prices, competitive negotiations, reduction, free purchase). Well, before the competition and the auction, then the situation should go, that such a decision can also be accepted by the deputy, but at the lines, the replacements should be installed by the deputy in order to inform me about a specific purchase.

Zrozumіlo, zustrichayutsya and simple solutions, like a butt, Yekaterinburg Municipal Unitary Administration of the water supply and sewerage state has established in its Provisions on Procurement that: “The deputy retains for himself the right to make a purchase in case of an hour before the battle, without explanation of the reasons, do not carry with him any evidence in front of any person, such a diy can make a sbitkiv.”

So, the deputy can concretize the options and decide what to transfer to the vіdmova in the form of the purchase.

As such a butt, you can look at the Regulations on the Procurement of the Federal State Autonomous Lighting Installation professional education"Far-Away Federal University" - where to go, what when the competition is held, the deputy may have the right to make a decision about the decision on the date of its holding, no matter how many hours before the deadline for submitting applications, moreover, you can also take the same decision be there an hour before the date of assessment and the submission of applications for participation in the competition at different times:

1. 1. Vidsutnosti vіdpovidnogo fіnansuvannya/svіvіnsuvannya;
2. 2. What was the need for goods to be purchased (robots, servants);
3. 3. Іstotnoї zmіni svіni svіni svіnі, zіkіh zamovnik vіhodіv іn the vociferous competition, among those chіnі smeni kon'yunkturi kon'yunkturi, nastіlki, scho yakbi zamovnik tserozoly perebachat, then the competition is not only vociferous, but vociferous on the minds of the minds.

A similar norm is also applicable to other transfers to the provisions of competitive methods of procurement - auction and quotation. It is truly respectful that the cunning of such formulas in principle can allow the deputy to act in the course of the procurement procedure, since after the acceptance of applications is completed, the real contender for victory in this case is a participant, who, for other reasons, the deputy is not in power.

Traplyayutsya butt s vikoristannyam more strict rules. We will use the butt of the Regulations on the purchase of a municipal autonomous preschool initial mortgage. Children's garden No. 29 of a combined type ”(metro station Petropavlovsk-Kamchatsky). At the statutory and unequivocal reading of the exchange rate in the competition, auction and the request for quotation, the owner can be informed no later than 3 days before the deadline for submitting applications.

For all due respect, the meritorious view of the deputy deputy, as if conveying the provisions on the purchase, at the time he made a decision about the decision on the conduct of the purchase procedure. As a rule, in such situations, the placement of the ЄІС of the official notice is transferred.

For example,

at the Procurement Regulations VAT "NK Rosneft" say that such a notification may be placed in the EIC (as well as on the site of the owner himself) with a stretch of 3 calendar days from the day of commendation of the decision, ale obov'yazkovo until the term of completion of filing applications.

Far Federal University dpovіdno up to its position on the purchase I am guilty of reconciliation only in the EIC, but for a stretch of 1 working day from the day of praise of the decision. In addition, dodatkovo can send this deputy to email informing about the decision to all participants of the purchase, who submitted applications, for 3 working days from the day of placement in the ЄІС, notification about the decision on the conduct of the purchase. If so, in the position, it is clear that the deputy did not carry the necessary evidence at the time, so that the participants in the purchase or other individuals do not know about the information about the authority of the purchase.

So, the estate agents can contribute to their position on the purchase of the most lucrative money, prote warto remembrance, which, in the Crimea, is civil legislation, as it regulates, among other things, the conduct of auctions (auctions, competitions). At the very 223-FZ (part 1, article 2) there is a story about those who, in the middle, are responsible for the Civil Code of the Russian Federation. I cim legislation established that “Even if it is not forwarded to the law or to the notification about the auction, the organizer of the auction, which published the notification, has the right to be informed about the auction at any time, but not later than 3 days before the present day of the competition, the date of the day held – no later than 30 days before the competition” (part 4, article 448 of the Central Committee of Ukraine). Also, as the deputy bazhaє to ensure the possibility of being carried out during the auction procedure for the competition “before” the lower term is assigned, it is necessary for you to obv'yazkovo to indicate the “short” terms in the report about the conducted ones.

Varto designate what you sound at the time of the meeting procurement procedure The deputy manager transfers his bindings from that third term to all the participants of the purchase, submitting an application to them. Ale traplyayutsya position for those who have such a daily norm.

It is abhorrent to respect that the legislator gives the deputy a sufficient opportunity to make purchases after being placed in the EU, which, madly, asks for a decision, to stand in front of the rest. Іideal variant, obviously, if there will be a set of rules, for which the deputy can follow up on the purchase procedure, be it before carrying out її results, and at the hour of the auction and the competition - hourly, the appointments will be notified about the purchase. Tim hour, at tsimu povіdomlennі about holding an auction chi competition, it is also possible to designate, that in the course of the held the deputy has the right to be held before the summing up of their results.

Option 3.

Vіdmova zamovnika vіd ukladannya contract

Deputies in their positions can mean their right to act according to the terms of the contract after the appointment of purchasing procedures.

Let's look at such an option with the butt of the BAT "NK Rosneft", as it established its ability " to comply with the agreement according to the results of the procurement procedure without goiters for compensation for shortfalls in the procurement participants, for the vinatk of the withdrawals, directly established by the statutory legislation Russian Federation for bidding". It is significant that in 223-FZ and in 135-FZ, at the moment, there is nothing about such volatility.

Natomist in the civil law such signs are prescribed. Zokrema, the norm (part 6 of article 448 of the Central Committee of Ukraine) about those who “Unless otherwise established by law, the person who won the auction, that organizer of the auction signs on the day of the auction or the competition a protocol on the results of the auction, which may be valid for the contract”, a “As far as the law laying down to the contract, it is possible to carry out bidding only by the way, if the organizer of the bidding is better, if the protocol is signed, the bidder may have the right to go to court with the primus to lay down the agreement, and also about the blowing of the bidding, with the reasons for laying it down.”

Let's look at, perhaps, the first part of the norm and the report. In 223-FZ, there is nothing about the procedure for formalizing the results of the auction, and also about the signing of the protocol, which may be valid for the contract, on the day of the auction or the competition, the norm may be fixed. However, in 223-FZ it is also not established that the arrangement of any contracts can only be done through bidding (on the vіdmіnu vіd part 2 of article 59 44-FZ, where goods, robots and services are directly prescribed, for the purchase of such a substitute for goiter, conduct bidding at the sight electronic auction); Tim is no less, as a substitute for the auction, or the competition should enter into an agreement with their assistant, but by the same token, part of the norms of civil law, which is being looked at, will still be destroyed. Not vipadkovo zamovniki, yakі pratsyyut according to 223-FZ without zahoplennya to be placed before the auctions and competitions - even if the procedure is carried out in their faceless "tight".

As a matter of fact, the representative of the deputy, according to the provisions of the contract, can be transferred to him at his own position about the purchase, only once the specific method of purchase has been decided.

Let's take a look at the Regulations on the purchase of the Far-East Federal University; “The deputy has the right to make a decision that the agreement on the results of the request for quotation does not fit, having sent the letter of agreement to the address for a long period of 3 days from the moment of the date of payment of the sum of purchases.” Qia norm zhodny rank superchit vimogam hromadyanskogo legislature - even ask for quotation ceasing buti bidding (auction chi competition).

So, looking at the interests of the deputy, best option for the new one, it is established in its own regulations about the procurement of rules, for which wines I may have the right to act in accordance with the contract after the purchase procedure has been carried out, obviously.

In practice, the provisions on procurement may include a norm on the appointment in the documentation on procurement of statements about the right of the deputy to act in the procurement procedure and / or in the contract. Insanely, the presence of such a norm can be important in advance for a potential participant in the purchase, although the designation of such statements is not included up to 13 informational positions, the presence of which in the documentation of the purchase is required by the federal legislation itself (part 10 of article 4 No. 223-FZ).

They gave a wart to guess that the deputy did not swindle the wart in the procedure for carrying out the purchase and the order in the contract (tobto outside the application of the procedure) with the revision of the sum of the purchase (change of protocols, reselection of the next). Such a review of the super-readability of the legislation in part of the principles of procurement (part 1 of article 3 No. 223-FZ), and it is possible that the provisions on the purchase of a substitute can be violated in the federal legislation on protection of competition (paragraph 1 of part 3 of article 17 No. 135-FZ), which hinders and disrupts the establishment of the order for the appointment of assistance, or the possibility of trading, the request for quotation, the request for propositions. If so, the deputy may, by making changes to the purchaser’s plan, revise the procedure new purchases(or a lot of new buyers) from the cob itself, so don’t spend more than її.

On the 1st day of 2016, the ceremonial block of amendments to the Law No. 223-FZ came into being. Changes were chained up to the description of the object of purchase. Let's take a look at the innovations of the report.

On the cob of summer 2016, there were about 40 thousand. The work of some of their creations (Zokrema to replace the number of standards) is being continued.

ITS - document national system standardization, approvals by the federal authority of vikonavchoї vlad in the sphere of standardization. We should try to systematize the data in the main region and include a description of technologies, processes, methods, methods, possession and other data. ITS placement on the website of Rosstandart and for the time being 10 hundred works.

For voluntary confirmation of the compliance with the national standards, the manufacturer (post-manager) of products can take a certificate of compliance. When purchasing such goods, a robot, a substitute may have the right to insert in the documentation about the purchase, I can install support documents at the warehouse before the product declaration and a certificate of integrity.

Other help with priming

The deputy may have the right to establish other factors to the production, but if the new winemaker has the obligation to form binding instructions in accordance with the technical regulations and documents of the national system of standardization.

Well, here it would be logical to win a good-natured confirmation of the recognition of goods, work, services:

• forward national standards;
• organization standards;
• crypts of rules;
• systems of voluntary certification;
• minds of contracts.

The previous national standard is a document of standardization for the infamous zastosuvannya, splitting up the results of the examination in the technical committee for standardization and approval by the federal body of the victorious government in the field of standardization. Such a document is hot characteristics, the rules and principles of the object of standardization on the terms of the term

Standard organization - a document of standardization, approval by a legal entity, including a sovereign corporation, a self-regulatory organization, as well as an individual supplier for thorough selection and safety of products, service, service.

Zvіd rules - a document of standardization, approval by the federal body of the victorious ruler of the Sovereign Corporation for Atomic Energy "Rosatom". Vіn vengeance of the rules and fundamental principles of the processes with the method of securing the implementation of the technical regulations.

Tse need to know

Dobrovіlne pіdverdzhennya vіdpovіdnostі to carry out іnіtіativi іnіtsiаtivi of the applicant on the basis of the agreement between the applicant and the body from certification. Dobrovіlne pіdtverzhennya vіdpovіdnosti to serve in order to establish vіdvіdnіst vіdvіdnіst vіdpovіdnіst vіdpoіdnosti vіdpіdnіnostі to serve іn order, vstanovіvіdіnії vіdvіdіnіst vіdvіdnіst vіdpoіdnіst vіdpovіdnostії ї ї, vіdvіlіnії ї sertifіkatsії, votovіlnoї sertifіkatsії, minds of contracts (year. 1 article 21 of the Federal law dated 27.12.2002 No. 184-FZ "On technical regulation").

The system of voluntary certification is created by a legal entity and an individual entrepreneur. Designated individuals establish a list of objects, which are subject to certification, and those characteristics, on the basis of which they conduct voluntary certification. The stench determines the rules of vikonannya robit from certification and the procedure for their payment, determines the participants in this system of voluntary certification.

Order No. 780-r of April 30, 2015, established the autonomous non-commercial organization "Russian Yakost System" by the Order of the Order of the Russian Federation. The installer is engaged in the issuer of certificates of integrity.

Respect that a product is present in one lot of products, a certificate is required for such a product, that product that does not require certification may be decried by the participants of the purchaser.

One of the different types of certificates is the quality management system certificate (hereinafter referred to as CMS). If the deputy manager, having established the power of the presence of such a document, then the guilt of the rizikuє, as follows:

• at the provision on the purchase, there was a final change that could be used before the participants;
• at the provision for the purchase of a substitute, a direct fence was installed on the basis of SUYA certificates for participants;
• there is no evidence of the need to certify the SMJ, both at the stage of purchase, and at the stages of oskarzhennia of the deputy;
• at the documentation about the purchase, the obov'yazkovy vomogi is assessed until it is confirmed through the certification of the SUYA and the help for the criteria that are also evaluated through the presence of the SUYA;
• the documentation about the purchase does not indicate the area of ​​​​certification of the CMA, so the deputy can establish the presence of the CMA certificate, but if it does not indicate which certificate is needed in such a sphere.

Dovidkovo

An example of an international organization

ISO 9001 Auditing Practices Group - a group of experts, auditors and professionals from the ISO 9001 quality management system. The group includes representatives of ISO TC 176 and IAF MLA. The main meta-creation of the goal of consistency is to help experts and auditors during audits of management systems for compliance with the ISO 9001:2008 standard.

This group publishes and publishes methodological recommendations and explanations of how the audit was conducted and the rules for revising the ISO 9001 standard.

Vidpovidnist minds of contracts

For the most part, the quality of products is designated by civil law. With whom Civil code The Russian Federation does not prevent the parties from setting up contracts for the promotion of goods to the extent of production.

Vidpovidno up to part 4 of Art. 469 of the RF DC: “for a year, between the seller and the buyer, there may be transfers of goods, which allow the transfer of goods to the extent of pairing with obov'yazkovymi, transferred by law or in the manner prescribed by it.”

In case of promotion to the goods, the work of the servants of the deputy may have the right to establish among them, through compliance with the standards of the organization, systems of voluntary certification, and other agreements.

An important mind for the selection of others who could prior to production is the correct placement of documentation on procurement.

Let us introduce a clear formula for such a roundup:

• improvement of safety of life and healthy people, the lane of physical and legal issues, the state and municipal lane, the object of raising the risk of vindication of supernatural situations of natural and man-made nature, the improvement of environmental health, the health of life;
• ensuring competitiveness and quality of products (robit, services), uniformity of vimiriv, rational victoriaресурсів, взаємозамінності технічних засобів (машин та обладнання, їх складових частин, комплектуючих виробів та матеріалів), технічної та інформаційної сумісності, сумісності результатів досліджень (випробувань) та вимірювань, технічних та економіко-статистичних даних, проведення аналізу характеристик продукції (робіт, послуг) , planning and ordering the purchase of goods, work, services for the provision of state and municipal needs, voluntary confirmation of the quality of products (work, services).

Vyhodyachi іz іzіlei, yakі to stand before them, zamovniks can formulate the appeal of victoriousness to other vimog. It is recommended to place in the middle of the documentation about the purchase order from the authorities to safety, quality, technical characteristics, functional characteristics of the goods, work, services, to the expansion, packaging, to the product, to the result of the work

Read the most current comments on the most popular topics in the sphere of public procurement magazine "Derzhzakupivlі.ru"

Federal law dated 18.07.2011 “On the purchase of goods, work, services with certain types of legal services” (further - FEDERAL LAW No. 223-FZ) to file a non-standard for the legal system of Russia, pov'yazanoї іz the establishment of special features of the distribution of budgetary expenses.

One of the main powers of the FEDERAL LAW No. 223-FZ in accordance with the Federal Law of 05.04.2013 N 44-FZ "On contract system in the sphere of purchasers of goods, work, services for the provision of state and municipal needs ”(further - FEDERAL LAW No. 44-FZ) It has not been fenced, the deputies are, as they practice in the legal field of the FEDERAL LAW No. 44-FZ, the goiter is to follow a different principle - everything that is impermissibly not allowed by the law on the contract system has been fenced.

At the Zv'yazku Zalyaznoy, the Zodebany, “Freedom” in the regaluvannosti Zamovnikiv during the realization of the Federal Law No. 223-FZ RIK Kilkiy Oscarzheni (Bezdіynosti) Zamovnikiv to the UFASIV Sub'ykktvs, FAS ROSHKHTISKY. The most active activity is the manifestation of that attachment different types damage to the duties of the deputy, among them, when placing the purchaser from 223-FZ, the bodies of the prosecutor's office should be charged.

So it's just important moment Zetoya Pіdvishchensnya Vidpovіdalosti Zamovnikiv for the proof of his own diyalosti, within the framework of the legal field, Federal Law No. 223-ФЗ Bulo Priyatty Federal Law of VID 05 Rock No. 122-ФЗ “On the Department of Zmin to the Code Vіdpovіdalnosti porushennya vymog FEDERAL LAW No. 223-FZ.

We can look at the blows, revealed by the prosecutor's offices of the constituent entities of the Russian Federation, like deputies, who work for the Federal Law No. 223-FZ, allowed in 2015 and 2016 rotations, so that after the completion of mayzhe 3 years from the moment this federal law was adopted.

I. NON-POSITED REGULATIONS ON PURCHASING, CHANGE TO REGULATIONS ON PURCHASES TO BE PLACED IN A SINGLE INFORMATION SYSTEM.

1. 1. The prosecutor's office of the Plyussky district of the Pskov region carried out a re-examination of the law of MUP "Service" against the FEDERAL LAW No. 223-FZ.

In the course of the re-verification, violations of the norms of the FEDERAL LAW No. 223-FZ were revealed, which imposed on an independent deputy the obligation of information security for purchasers that are organized and established. Under the agreement, it was not placed in the single information system (further - ЄІС) Regulations on the purchase of goods, work, services and information on the okremі ukladenі agreements. Purchasing plan for 2015 was published less than in 2015.

Behind these facts, the violation of the law by the prosecutor's office of the Plyussky district was violated on the right about the administrative law violation, peredbachene part 5 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation (non-placement in the single information system in the area of ​​procurement of information about the purchase of goods, labor, services, placement of which is transferred by Federal Law No. 223-FZ).

Based on the results of reviewing the materials, the Federal Antimonopoly Service obtained the posadov's person of the deputy to the administrative capacity with recognition of a fine in the form of a fine of 30 thousand. ruble

1. For subbags of revisions carried out by the district prosecutor's offices of the Tulsk region, a significant number of violations of the orderly FEDERAL LAW No. 223-ФЗ, zocrema, were revealed:

Прокуратурою Ясногорського району Тульської області під час проведення перевірки діяльності МУП МО Іваньківське Ясногорського району «Житлово-комунальне господарство» у частині дотримання норм чинного законодавства у сфері розміщення закупівель товарів, робіт, послуг окремими видами юридичних осіб було виявлено порушення цим замовником обов'язку, передбаченого Art. 4 year. 2 FEDERAL LAW No. 223-FZ.

The camp for 2015 of the municipal unitary enterprise MO Ivankivske Yasnogorsk district "Zhytlovo-communal statehood" was not published in the ЄІС Provision, as a regulation of the purchase of goods, as well as a plan for the purchase of goods, work, services.

For this fact, the prosecutor's office of the Yasnogirsky district of the Tulsk region transferred the materials of the prosecutor's review to the court.

Decisions of Yasnogorsky district courtТульській області розглянуто та задоволено позовні вимоги прокурора Ясногірського району про визнання незаконним бездіяльності замовника МУП МО Іваньківське Ясногорського району «Житлово-комунальне господарство» в частині виконання обов'язку щодо розміщення в ЄІС Положення про закупівлю та план закупівлі товарів, робіт, послуг установи замовника.

1. Also, in the Tulsk region, the prosecutor's office of the Chorny district, once at three enterprises - MUP "Chernteploservis", MUE "Chernyagroprommekhmontazh", MUP "Chernservis pobutovykh poslug" revealed the availability of shoes. normative documents that regulate the design of procurement procedures by unitary enterprises

The prosecutor's office kerіvniki unitary enterprises was blamed for the notification about the adoption of the violations.

1. In Kolpashevsk, Tomsk region, as a result of the re-verification carried out by the city prosecutor's office, it was revealed, among other things, that there were broken lines in the publication of changes made by the deputy to the Provision on Purchase.

The prosecutor of the city established that the MAOU "Serednya skylight school No. 7, MAOU "Secondary indirect lighting school No. 4", MAOU "Secondary indirect lighting school No. 2" and MAOU "Chazhemtivska secondary indirect lighting school", in spite of the FEDERAL LAW No. not placed at the ЄІС at the sphere of purchasers.

1. The prosecutor's office of the Choisky district of the Altai region at the time of rechecking established that the MAU "Choisky housing and communal services" is not subject to FEDERAL LAW No. 223-FZ.

So, adopt the Regulations on Procurement in the EIC placed with damaged lines inserted less than in the period of rechecking; purchase plan for 2016 not rozmіschuvavsya, nezvjayuchi on those who are autonomous installation zdіysnyuє zapіvіvіv varіv, robіt, servitov for municipal needs.

The regulation on procurement was adopted due to the damage to the competence and superfluous legislature in the sphere of purchasers, in connection with which it was protested by the prosecutor's office.

The prosecutor of the district having broken the right about the administrative right for part 4 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation (violation of the terms of placement in the EIC of information about procurement) the director established by sending the materials of the re-verification to the OFAS of the Altai Region.

Crimea, March 21, 2016 the director set for vіdmovu nadat to the prosecutor's office of the Choi district for reverification of copies of contracts, stowage for the supply of goods, labor, services, attracted to administrative vіdpovіdalnostі for h.1 tbsp. 17.7 of the Code of Administrative Offenses of the Russian Federation (navmisne nevikonannya vymog prosecutor, yakі z yogo povnovazhen, established by federal law). Youmu was awarded a fine of 2,000 rubles from the rozmiri.

1. The revision of the prosecutor's office of the city of Gorno-Altaisk established that the provisions on procurement for the provision of municipal needs budgetary regulations m.

Protest the prosecutor's office is satisfied, the illegal acts are punished.

II. Non-placement of plans of purchasers, calls, contracts, broken lines of placement of information

1. Прокуратурою Почепського району Брянської області проведено перевірку виконання законодавства про закупівлю окремими видами юридичних осіб, у результаті якої було встановлено, що ФГУП «Первомайське» - організацією, підвідомчою Федеральному агентству наукових організацій, не виконуються вимоги законодавства, що регламентує порядок інформаційного забезпечення закупівель товарів, робіт , services

It was established that the plans for the purchase of goods for 2014 - 2016 were not formed in the prescribed manner and were not distributed on the Internet, so the very same as shom_syachny zvіti about the planned purchases.

Porushuyuchi vimogi Art. 73 of the Budget Code of the Russian Federation in 2014 - 2016, the registers of purchasers that are made without laying down municipal contracts were not kept and are not kept.

Approved by the director of the enterprise on 01 March 2015, the Regulations on the purchase of goods, work of services were placed on the Internet for less than an hour of reverification (26.02.2016), then after 15 days from the day of its confirmation.

Based on the results of the re-examination, the prosecutor of the district of the supplier of goods, having violated administrative procedures for part 5 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation (not placing in the EIC information about the purchase of goods, work, services) and part 4 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation (destruction of terms placement in the EIS of information about the purchase of goods, work, services), which are sent for review on the merits in the Federal Antimonopoly Service of Russia in the Bryansk region.

With the method of adopting the revealed wrecks to FSUE "Pervomaisk" the notification was submitted.

1. The prosecutor's office of the Urmar district of Chuvashia carried out a review of the pre-trial legislation at the administrative office of the municipal unitary enterprise of the Umar district "Umarsky market" (hereinafter - MUP "Umarsky market").

Administration of Municipal Unitary Enterprise "Urmarsky Market" information about the number and total number of contracts, provisions for the results of purchases a single leader, were placed in a single information system after the completion of the term introduced by Part 19 of Art. 4 of the Federal Law "On the purchase of goods, labor, services with certain types of legal services" (not later than the 10th day of the month following the summer month).

At zv'yazku z tsim the prosecutor's office of the district stosovno director of MUP "Urmarsky rinok" violated the right about the administrative law, peredbachene part 4 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation (damaged by the legislation of the Russian Federation in the sphere of purchase of goods, work, services with certain types of legal terms of placement in the ЄІС іnformatsiї about the purchase of goods, work, services, placement of which is transferred by law).

Based on the results of reviewing the administrative material of the director of the enterprise, it was drawn up to a fine of 2 thousand. ruble

1. The prosecutor's office of the city of Bryansk, after carrying out a review of the activities of the BAT "Clean Planet", revealed a violation of the FEDERAL LAW No. 223-FZ.

Tsya organization zdiisnyuє regulirovanі vidi diyalnosti in the sphere of processing, utilization, zneshkodzhennya and the protection of solid communal inputs.

It was established by a re-verification that the BAT “Clean Planet” from September to the fall of leaves in 2015 with different post-employees was laid down agreements, statements about yaks at the ЄІС, violating paragraph 19 of Art. 4 of the FEDERAL LAW No. 223-FZ BAT "Clean planet" in the introduction of the term was not distributed.

At zv'yazku z tsim the prosecutor's office of the city of Bryansk stosovno of the general director of the BAT "Clean Planet" violated 10 certificates about administrative law enforcement, transfer of part 5 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation, yakі for a look at the essence of the direction to the Bryansk OFAS Russia.

For non-placement in the ЄІС іnformatsiї about the purchase of goods, labor, services, placement of such transferred to the Federal Law No. 223-ФЗ, an administrative liability was imposed on a fine for landlords at a rozmіrі vіd 30 ths. up to 50 thousand rub.

The prosecutor's office of the city of Bryansk, with the method of removing the violations and preventing them, filed a tax on the address of the general director of the BAT "Clean Planet".

1. Perekhko at the prosecutor's office of the Mista Novotrotysk Orenburzo Kosti During the Roseminnik Podznishnik, the Zamovnik Dawn “Ditachi Mixka Klinichna Lіkarnya”, Vyamovnik, Vimuychi Vimogi, did not rosize in the Documents medicinal products, for medical recognition

Based on the results of the review by the prosecutor's office of the city, a hundred members of the commission from the buyers established the administrative right for part 5 of Art. 7.32.3 of the Code of Administrative Offenses (non-placement in the EIC in the sphere of procurement of information about the procurement of goods, labor, services, placement, which is transferred by the legislation of the Russian Federation in the sphere of procurement of goods, labor, services with other types of legal entities).

Decree of the Federal Antimonopoly Service of the Orenburz region of the city of Posadovets was attracted to the administrative capacity in view of the fine of 30 thousand rubles. rub.

The decision of the antimonopoly authority has come to the fore.

1. Внаслідок перевірки прокуратури Кіровського району міста Казані діяльності МУП «Міський благоустрій» було встановлено, що протягом 2015 року підприємством було порушено терміни розміщення щомісячних звітів про кількість та загальну вартість укладених замовником договорів, які замовник не пізніше 10-го числа місяця, наступного за звітним місяцем , located at the EIS.

The prosecutor's office of the district destroyed the engineer responsible for the material and technical supply of the Municipal Unitary Enterprise "Misky Blagoustriy" on the right about the administrative law, peredbachene part 4 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation (violation of the procedure for the purchase of goods, labor, services with other types of legal entities).

So, at the address of the director of the enterprise, a filing was made about the adoption of the violation of the FEDERAL LAW No. 223-FZ and the attraction to the disciplinary liability of the guilty.

The resolution with the materials of the revision was sent to the OFAS in the Republic of Tatarstan for review.

1. Perevirkoy Prosecutor's Office Kostyantinivskogo district of the Amur region in DAUZ AT "Kostyantinivska likarnya" installed, scho, vimogi h. 1 tbsp. 4 of the FEDERAL LAW No. 223-FZ Regulations on the purchase for the needs of GAUZ AT "Kostyantinivska likarnya", approved by the visual council of 06.10.2015, in the unified information system, it was placed with the violation of the second term (larger) established by the legislation.

On 09.02.2016, the head physician of the DAUZ AT "Kostyantinivska likarnya" was violated on the right about administrative law violations for part 4 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation, as for the review of the day, it was sent to the Administration of the Federal Antimonopoly Service for the Amur Region. Vymogi the prosecutor is satisfied with the full obsyazi, the head doctor was found to be guilty of the reduced administrative law, transferred part 4 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation and an early penalty as a fine in the face of 2,000 rubles.

1. In the course of the review of the duties of the FDBSI "Stavropol Scientific and Advanced Institute of the Agricultural State", the prosecutor's office of the district established that, in violation of the FEDERAL LAW No. 223-FZ, the sixty-fourth anniversary of the month of 2015 was placed in the European Union only 17.02.

At zv'yazku z cim the prosecutor of the district stosovno vіdpovіdalnoї posadovoї individual was damaged on the right about the administrative law, peredbachene h. 4 tbsp. 7.32.3 of the Code of Administrative Offenses of the Russian Federation, as sent for review to the Administration of the Federal Antimonopoly Service of the Stavropol Territory.

1. The Ostankino inter-district prosecutor's office carried out a re-examination of the documents of the FEDERAL LAW No. 223-FZ at the State Budgetary Institution "Zhitlovik Oleksievskogo district" of Moscow.

It has been established that for the period from September to the spring of 2015, the organization did not publish information in the European Union about the number and number of contracts, which were concluded for the results of purchases from a single supplier, from sub'jects of small and medium-sized enterprises.

For the results of the reconciliation, the prosecutor, having broken the head of the head of the purchaser of the DBU “Zhytlovik Oleksievskogo district”, on the right about the administrative law, peredbachene part 4 of Art. 7.32.3 Code of the Russian Federation on administrative law violations.

According to the decisions of the Administration of the Federal Antimonopoly Service for Moscow, the wine was especially attracted to administrative responsibility in the face of a fine.

1. Reconsideration of the prosecutor's office of the Zaliznichny district of the Samari city.

it was established that the state treasury undertaking of the Samara region "Agency for the management of motor roads infamous koristuvannya Samara Region" (hereinafter referred to as DKP "ASADO") in violation of the FEDERAL LAW No. 223-FZ, the Rules for Maintaining the Register of Contracts, laid down by the deputies for the results of the procurement, approved by the Decree of the Order of the Russian Federation on October 31, 2014 No. 1132, sent to the Federal Contract with a subcontractor with damages established by the legislation of the three-day term for nine vipadkahs.

Thus, the revision showed that, following the results of the ASADO DKP competition, an agreement was laid down for the supply of a line conveyor dated 07.05.2015. The remaining term for the distribution of information about the provisions of the agreement is 12.05.2015. At the same time, the necessary information was posted only on 10.06.2015, designated by the agreement.

In connection with the revealed damage, as well as with very similar facts, the prosecutor's office of the district filed a tribute at the address of the clerk of the enterprise, destroyed 9 certificates of administrative law violations, transferring part 4 of Art. 7.32.3 CAP RF.

Based on the results of reviewing the resolutions of the prosecutor, the organization was attracted to administrative responsibility, in sight of a fine of a total sum of 90 thousand rubles.

1. The prosecutor's office of the municipality of Bilogirsk, Amur Region, in the course of a visual review of the FEDERAL LAW No. 223-FZ at the state autonomous lighting installation "Special (correction) central lighting school - boarding school No. 10 m. 4 of the FEDERAL LAW No. 223-FZ, establishing in the EIC information about the number and total number of contracts, laid down by the deputy for the results of the purchase of goods, work, services; information about the number and total number of contracts concluded by the deputy for the results of the purchase from a single postal worker (vykonavtsa, contractor) for chest, leaf fall, yellow, eresen, serpen, lime, worm, grass 2015 was placed only on February 02, 2016.

For this fact, the prosecutor of the municipality of Bіlogіrsk stosovno of the head accountant of the DAT “Special (correction) zagalnoosvitnya boarding school No. 10 m. 7.32.3 of the Code of Administrative Offenses of the Russian Federation (violation of the terms of placement in the EIC of information about procurement), as for the purpose of looking at the essence, it was sent to the OFAS of the Amur Region.

The public prosecutor was satisfied, the head accountant was convicted of guilt in the court of administrative law, and was found guilty in the face of a fine.

1. The prosecutor's office of the Chorny district of the Tulsk region, as a result of the re-examination of the UIA MO Chorny district "Sports and health complex", established a violation by the establishment of the FEDERAL LAW No. 223-FZ and clause 14 of the resolution to the RF Council on September 10, 2012 No. 908.

So, the plan for the purchase of goods, labor, services for needs for 2016 was approved by the director on September 11, 2016, and in the EIC it was placed on February 10, 2016, because of the violation of the term established by law.

Following the results of the re-examination of the director of the UIA MO Chorniy district "Fizkulturno-health complex", the inspection of the right of administrative law enforcement for part 4 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation was disrupted, as it was sent for review to the Control Committee of the Tulsk region.

III. DAMAGES, PERMISSIONS BY COUNTERS IN REGULATIONS ON PURCHASE AND DOCUMENTATION OF COUNTERS

1. The prosecutor's office of the Naberezhni Chovni municipality of the Republic of Tatarstan carried out a re-examination of the activity of purchasers in accordance with the FEDERAL LAW No. 223-FZ of three organizations: MCP "Directorate of Municipal Inquiry", MUP "Misk Lazni", MUP "Management of Yakostіnlovo zhidlovo".

As a result of the re-examination, it was established that in the Regulations on the purchase of data from deputies, it was enacted on the Federal Law No. 94-FZ of 21.07.2005 “On the placement of goods for the supply of goods, vikonannya robit, nadannye servitov for state and municipal needs”, which is an expense. .2014.

For the results of the re-verification at the address of the certifiers of the organization, the Regulations on procurement were brought to protest, as if they were satisfied.

1. The prosecutor's office of the Saratov region carried out a re-examination of the validity of the legislation to the order of the ministry natural resources and ecology of the Saratov region "On the introduction of changes before the order of the Ministry of Natural Resources and Ecology of the Saratov region dated December 24, 2013 No. 80", as approved New edition Regulations on the purchase of goods, labor, services for the needs of eight regional state institutions(lisgospiv).

As a result of the revision, it was established that the norms of the designation of the provisions of the superscript to the FEDERAL LAW No. 223-FZ.

The Provisions on Procurement transfer the right of the deputy to review the conduct of the procurement procedure, at his/her own day the final transfer of the purchase, for which the substitute may have the right to supervise the conduct of the procurement procedure, which directly superimposes the goals, principles and laws of the Federal Law No. 23-UZ.

The prosecutor's office of the region filed a protest against the legal act.

1. Prosecutor's office of the municipality of Radyansk, Kaliningrad region municipal institutions Mista misinterpreted dotrimannya vimog FEDERAL LAW No. 223-FZ.

The results of the review revealed a violation of the law in the Regulations on Procurement in the coming install lighting x: gymnasium No. 1, lyceum No. 5, children's cages "Dzvinochok" No. 5, "Happy Childhood" No. 2, "Chomuchka" No. 3.

So given the Regulations, in spite of the law, they didn’t transfer the obligations of the deputy to the place of distribution on the official website of the deputy and in the ЄІС in the house about the purchase of goods, labor, services, the number of such people does not exceed 400 thousand rubles, then the law has established such a procedure only for goods, services up to 100 thousand carbovents.

The re-verification introduced a numerical violation of the line established by law (3 working days) for entering information about the arrangements for the results of tender contracts with the official registry.

For the results of the culpable by the prosecutor of the town of Radyansk, the tax of 5 pracivnikiv, vidpovіdalnyh for zdіysnennya zapіvel, was attracted to disciplinary vidpovidalnosti. Regulations on the purchase of lighting installations are brought to the authorities prior to federal legislation.

1. The prosecutor's office of the Saratov region carried out a review of the compliance with the official legislation of the Regulations on the purchase of the ODU "State Archives of the Saratov Region", approved by the order of the Administration of the Rights of the Bureau of the Saratov Region.

The Regulations on the purchase of this substitute transfer the right of the substitute to be at any stage of the placement of the purchase, depending on the purchase procedure.

При цьому в положенні про закупівлю відсутній вичерпний перелік випадків, за яких замовник має право відмовитися від проведення процедури закупівлі, що є порушенням принципів рівноправності, справедливості, відсутності дискримінації та необґрунтованих обмежень конкуренції по відношенню до учасників закупівлі, передбачених ФЕДЕРАЛЬНИМ ЗАКОНФ №2.

A similar violation was revealed in the regulation on the purchase of the ODA “State Historical Archives of the Volga Nimtsiv near the Engelsi metro station”, approved by the order of the Administration of the Rights of the Region.

At the request of legal acts, the prosecutor's office of the region brought a protest. The results of the review are taken under control.

1. The prosecutor's office of the municipality of Kazan, looking after the violation of laws on especially sensitive objects, reverberated the lawmaking on the purchase of goods, labor, services, and other legal persons. The revision was carried out in the joint-stock company "Scientific and Advanced Institute for the Development of Research and Development of Special Electronics" (hereinafter referred to as AT "NDIRS and ICE").

It was established that the Presiding Institute in the EIC (www.zakupki.gov.ru) posted 7 notices about the procurement of quotations for the preparation of component parts and equipment for their preparation.

The revision showed that, in spite of the disruptions, he could

zaznachenih pov_domlennyah vіdsutnі vіdomostі about kіlkіst commodities, scho stavlâєtsya, date rozglyadu propozitіy uchasnikіv zakupіvlі and pіdbitya pіdsumkіv zakupіvlі.

The documentation also has the following information:

• about the procedure for forming the price of the contract,
• date on the top of the term for filing applications for participation in the procurement,
• the date on the top of that date is the end date of the line given to the participants of the purchase of the roses; clarification of the position of the documentation on the purchase,
• the date of review of the propositions of the participants in the purchase and the date of the purchase of the sum of the purchases.

For the results of the review, the prosecutor's office violated a hundred legal entities - AT "NDIRS and ICE" on the right about the administrative law, peredbachene part 7 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation (non-compliance with the transfer of FEDERAL LAW No. 223-FZ could issue notice on the purchase of goods, work, services and (or) documentation on the purchase of goods, work, services). From the very beginning, the administrative right and the defender of the general director for investments and the development of Artur Shaydullin were destroyed.

In addition, a file was submitted to the address of the AT "NDIRS and ICE" about the adoption of the revealed damage and the attraction of wine gardening to disciplinary action.

1. Kolpashivska Miska Prosecutor's Office of the Tomsk region at the hour of the recheck revealed violations of the Federal Law No. 223-FZ.

So, we can supervise the law in the provisions on the purchase of MATU "Secondary indirect lighting school No. 7", MAOU "Secondary indirect lighting school No. 4", MAOU "Secondary indirect lighting school No. 2", MADOU "Children's kindergarten of a combined type No. 3" and other establishments as criteria Evaluations and zastavlennya of applications of participants in the procurement were established by the adequacy of the participant and the statements of spivvikonavtsiv (subcontractors), as well as the legal privatility of the minds submitted by the participant.

Oskіlki zaznachenі criterії є nevymіryuvannymi that can be caused in case of zdіysnnі zapravіvel negruuntovannі zamezhennja konkurentsії іnіnіnіnі іnіnіnіnіі kuprіvlі, the city prosecutor brought 11 protests with the method of bringing iіdpovіdnіmіnіnі to іnіmоgіnіmіmіmіmіmіmіnіm by the provisions of the law Protest the prosecutor looked at and satisfied.

For pіdbags of rechecking, the prosecutor brought in the cerіvniks of refinancing lighting organizations apparition. In addition, a hundred of these organizations were violated by the prosecutor 4 inquiries about the administrative offense for part 6 of Art. 7.32.3 CAP RF.

Based on the results of the review of the prosecutor’s response, violations of the law were ruled out, 3 wine township charges were brought to disciplinary responsibility, 4 lightings were established - to administrative responsibility due to skin injury in the case of an administrative fine of 10 rubles.

IV. Other damages in the course of placing purchasers at the discretion of the federal law No. 223-FZ

1. The prosecutor's office of the city of Bodaibo, Irkutsk region, as part of the reconciliation of the duties of MUP "TVBK village Kropotkin", revealed three contracts for the supply of water, transported to the village of Kropotkin, for a total amount of over 22 million rubles, deposited by the director of the enterprise, without federal law No. 2 conducting trades with a single supplier.

From the initiative of the prosecutor's office of the Bodaibo municipality and the OFAS in the Irkutsk region, the ceremonial business was brought to administrative responsibility for part 3 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation due to the recognition of an early warning in view of a fine in the amount of 20 thousand. rubles for leather damage.

1. The prosecutor's office of the Novgorod district of the Novgorod region carried out a re-examination of the documents by the municipal unitary agricultural enterprise "Vyazhishchi" against Federal Law No. 223-FZ.

As a result of the review, it was established that in 2015, in violation of the FEDERAL LAW No. 223-FZ, the MUSP Vyazhishchi purchased mixed fodder for the needs of the enterprise, fodder granulated sumish from post-employment firms in sum, to transfer 100 thousand. rubles, without conducting procedures for competitive purchasers.

For this fact, the prosecutor's office of the district stosovno kerіvnika pіdpriєmstva broke three inquiries about administrative law violations for part 3 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation - violation of the procedure for the purchase of goods by certain types of legal exceptions.

By the decree of the OFAS for the Novgorod region, the estate of the deputy was attracted to the administrative capacity as a fine of the total amount of 60 thousand. ruble

1. For the results of the review of the prosecutor's office of the Yaroslavl district Yaroslavl region FSUP “Grigoriyvska” Viyushenni Vyushennya by Federal Law No. 223-FZ at the Partniy INformation Blackshel, the Zvyazhki of the Service of Personas, Yak Vidpovyda for the organized purchase procedures, was permanently permanently, the regeneration of the administratively, renneps of the Admininated lawsuits. 7.32.3 CAP RF.

In addition, when the purchaser for power needs was broken, the Federal Law “On the protection of competition” and the provision on procurement, approved by the undertaking, all contracts in 2015 for the amount of over 1 million rubles were laid down with a single contractor (contractor).

Submissions under the acceptance plan - the schedule for the placement of the apartment for 2016 are not in the form of legislation.

In such a rank, the deputy violated the principles of transparency, transparency of information about the contract system in the sphere of purchasers, security of competition, provisions of the Federal Law “On the Prevention of Corruption” and the Federal Law “On the Protection of Competition”.

Destruction of competition among the participants in the commodity market by way of laying down a contract with a single postal worker for the obviousness of substantiating an auction for antimonopoly legislation is unacceptable.

Due to the evidence of re-verification, a file was filed at the address of the FSUE "Grigorievske" clerk about the adoption of the violation of legislation.

1. Prior to the commissioning of the prosecutor's office of the Republic of Chechnya, the prosecutor's office of the Zhovtnevy district of the Grozny metro station carried out a review of the violations of the FEDERAL LAW No. 223-FZ, as well as legislation on the prevention of corruption in the office of MUP "Groznensky Electricity - Zamyovnik" (further).

It was established by reverification that the director of the undertaking of the Zamovnik, in full force of the law, immediately imprisoned the directors of a number of partnerships with an obezzhenoyu vіdpovіdalnistyu and є їkhnіm єdinim zasnovnik.

With the method of taking the revealed damage, their reasons and the minds that they should take, the prosecutor of the district at the address of the measure of Grozny brought a tribute.

So, the responsibility of the appointment of the Zamovnik was revealed to be broken under the FEDERAL LAW No. 223-FZ, which was shown in the damaged terms of publishing the calls for laying down contracts for leaf fall and breastfeeding in 2015.

These facts have become a basis for the district prosecutor's damage to a legal entity - MUP "Groznensky Electric Merezhi" inquiries about the administrative offense, peredbachene part 4 of Art. 7.32.3 CAP RF.

1. In 2016, the Nagatinskaya inter-district prosecutor's office of Moscow carried out a re-examination of pre-trial legislation in the sphere of safety and security of elevators in residential booths, roztashovannyh on the foreground territory.

During the course of the re-examination, it was established that all important organizations, roztashovannymi on the lower territory, put in place contracts for technical maintenance and repair of the elevator equipment, internal gas equipment, and the repair of the emergency-heater control room. The special organizations of BAT “Moslift”, BAT “Mosgaz” will work regularly until the approved schedules.

Vodnochas, deputies under the hour of concluding the signing of contracts did not finish the norms of decorous legislation.

So, according to part 1 of Art. 2 of the FEDERAL LAW No. 223-FZ, clause 48.1 of the Regulations on the purchase of goods, work and services of the State Unitary Enterprise of the Moscow City “Directorate of the Single Deputy for the Orikhovo-Borisov Pivnichne District”, Art. 309 of the Civil Code of the Russian Federation technical serviceліфтів житлових будинків, укладеного з ВАТ «Мосліфт», ГУП м. Москви «Дирекція єдиного замовника району Оріхово-Борисове Північне» протягом усього 2015 року здійснював несвоєчасну оплату виконаних робіт за договором на технічне обслуговування ліфтів житлових будинків, а також не здійснював своєчасне приймання наданих services

The payment for the remaining work for the month of 2015 was sent to the address of the BAT "Moslift" in partial payments.

It was also established that until this hour the deputy did not sign the act of accepting the vicons of the VAT "Moslift" for leaf fall and breastfeeding in 2015, the letter was motivated by the signing of such a document at the address of the contractor was not enforced. Pay for the leaves at the leaf fall, babies 2015 to the fate of the technical maintenance of the elevators of the living quarters of the State Unitary Enterprise of the Moscow City "Directorate of the single deputy of the Orikhovo-Borisov Pivnichne district" not zdijsnenno.

At the beginning of the re-checking, a similar disruption was established at the duty station of the State Unitary Enterprise of the Moscow City "Directorate of the single deputy of the Orikhovo-Borisov Pivdenny district", as well as in 2015, the untimely payment of the work for the contract for the technical service of the life of the lift was delayed

It was also established that the deputy accepted the work of technical maintenance of the elevators of the living houses under the contract for leaf fall in the amount of 5,038,911.02 rubles. , Payment was not made until what time.

At the link with the violations of the law, at the address of the directors of the State Unitary Enterprise of the Moscow Region "Directorate of the Single Deputy of the Orikhovo-Borisov Pivnichne District", the State Unitary Enterprise of the Moscow City "Directorate of the Single Deputy of the Orikhovo-Borisov Pivdenny District" 2 notifications were submitted.

1. In the Krasnoyarsk Territory, a criminal right has been violated on behalf of the transport prosecutor for the fact of supplying bank guarantees necessary for participation in an electronic auction.

The Krasnoyarsk transport prosecutor's office carried out a review of the legislation on the purchase of goods, labor, services and other types of legal entities.

It has been established that in 2015 the BAT “RZ” held an auction for the right to lay contracts for the construction of railroad transport infrastructure facilities and other work. Necessary mental The fate of the Vyshchevkazannyh auctions of the BAT "RZD" bula was inserted into the law about filing as a security auction bid bank guarantee.

At the vikonannya wemog auction documentation landowners of one firm with a method of participation in the auctions and the security of filing applications were repeatedly submitted to the Krasnoyarsk regional office to the Center for Organizing purchasing activity VAT "RZ" bank guarantees BAT "Sberbank of Russia" total sum of over 4.5 million rubles. At the same time, in one case, an agreement was laid down for the organization of the work to be carried out.

Conducted by the Krasnoyarsk transport prosecutor's office, a re-check was established that no bank guarantees were seen.

According to the materials of the re-verification of the transport prosecutor's office, the bodies of inquiry violated the criminal right for part 1 of Art. 327 of the Criminal Code of the Russian Federation (submission of an official document from the first edition).

7. According to the materials of the prosecutor's office (Rep. Krim), the criminal right was violated by the shahraystvo of the stone worker of the Alushta iron company.

The prosecutor's office of the city of Alushti misunderstood the pretrial law of the labor legislation of the PCR "Clean Village".

It has been established that the sovereign undertaking unduly waived obligations before the pracіvniki. As a result of the non-hourly payment for the work, there was a fence, the sum of which for three months of in-line work became 340 thousand rubles. ruble

At once, with the method of changing the increase in the blocking rate, the ITUC gave admission to practitioners without savings salary. For the period of vacancy, the stinks were pracevlashtovanny in TOV, with the treasury, the enterprise laid down agreements on the provision of services from the cleaning of the near-budinkovo ​​territory and services and the technical station of rich apartment houses.

At once, about those appointed agreements, the destruction of legislation was laid, without the stagnation of competitive methods of appointing post-employees, and there may be signs of fictitiousness - the shards were little beaten.

For such circumstances, the prosecutor of the locality, having broken the obov'yazkіv of the director of the state enterprise, administrative inquiries about the administrative law, peredbacheni h. 4 tbsp. 5.27 (violation of labor legislation in a special way, as before it was given to administrative punishment for a similar administrative offense), part 3 of Art. Article 7.32.3 , services for the provision of sovereign and municipal needs, otherwise) of the Code of Administrative Offenses of the Russian Federation.

The re-verification materials are also directed to the investigating authorities for the organization of criminal re-investigation; 30 - part 3 of Art. 159 of the Criminal Code of the Russian Federation (swing at Shahraystvo).

The examination of administrative certificates and the overrun of the investigation of criminal authorities are controlled by the prosecutor's office of the locality.

Also, at the address of the administration of the city, as the founder of the enterprise, a filing was filed on the adoption of the violation of legislation in the sphere of payment of labor in the sphere of procurement activity.

In these analytical articles, we have seen the most extensive damage, which is allowed by the deputies, which is valid up to the FEDERAL LAW No. 223-FZ.

Regardless of those that on May 05, 2014, the Federal Law No. 122-FZ was adopted, which ordered administrative punishment for violating FEDERAL LAW No. 223-FZ, as there were no fewer such violations during the work of this law.

As before, the greater number of deputy holders are unique in stosuvannya of competitive methods of purchasers, massively distributing purchases from a single postal worker, indiscriminately violating the goals, principles and principles of the FEDERAL LAW No. 223-FZ.

So, s Dopovіdі about the results of monitoring the stosuvannija Federal law vіd 18 lipnya 2011 p. No. 223-FZ "On the purchase of goods, work, services and other types of legal services" for 2016, prepared and published by the Ministry economic development Russia is screaming that:

“Less than 5% of the buyers are sponsored by the “competition” and “auction”. Purchasing from a single postal worker to increase over 36%, purchases from “other methods” to establish over 59% of the total commitment purchased from 2016 rotations. The total number of buyers from a single supplier in 2016 increased by 3.8% compared to the same period in 2015. The number of "other ways" of purchasers, which are carried out by the deputy, increased in 2016 by 983 ways. The existence of Law No. 223-FZ could lead to the methods of procurement, which led to the fact that the deputies will already have 4,480 ways to appoint a postal worker, like, zokrem, to mask the purchases from a single postal worker.

So, as a matter of fact, as we see it in the Ministry of Economic Development, in order to regulate the transparency of the purchaser and increase the availability of participation in purchases, it is necessary to enshrine in the Law No.

Set up additional criteria for elevating procurement methods to competitive ones:

• information about how competitive procurement is carried out is reported to the uncircumcised stake in a special way of placement in a single information system about procurement;
• ensure the superintendence of participants in competitive procurement for the right to place an agreement with a substitute in view of the stated propositions, as in bids;
• the description of the subject of the purchase is to be determined for the maximum amount of time, established by Law No. 223-FZ.

Under the FEDERAL LAW No. 223-FZ, it is obvious that the law will require a substantive supplementation and that the introduction of a new change.

On March 22, 2015, the Derzhdum at the third reading adopted amendments to FEDERAL LAW No. 223-FZ.

In this hour, a number of departments, including the Ministry of Economic Development of Russia, have prepared additional amendments to the law, as directives to supplement the basic principles of Federal Law No. 223-FZ, such as:

• ensuring the unity of the economic space;
• ensuring publicity and transparency of buyers;
• expanding the possibilities of post-employees to participate in procurement;
• development of competition,
• so and direct to
• ensuring transparency, the purchaser is less likely to be a quiet purchaser, which should be poured into the reach of the goals of regulation;
• support of subjects of SMEs;
• reduction to import substitution;
• zastosuvannya to zamovniki silently themselves could, as if stench is presented to their subsidiaries.

Korisno

All changes in legislation, including changes to 223-FZ from 1 September 2016, are examined in detail at our seminars and courses