Purchases that are made in electronic form. Electronic purchases: folding moments

Purchases in electronic form already significantly advanced to the practice of placing sovereign and commercial prayers. Efficiency and efficiency of electronic purchasers are due to the fact that more than one deputy chooses the electronic form itself for the hour of the purchase. The breadth of the practice of helping both the deputy and the assistant to know the specific moments related to the conduct of electronic purchases

09.09.2015

Although electronic purchases have become an indispensable part of any kind of established business, but until this very day technology is accepted as new and unreasonable. The greater number of warehouses associated with electronic purchases are at the root of the problem of understanding the legal synergy and mechanisms for choosing a counterparty in the Internet. Such problems of the world can be combined into a sprat group:

1. Problems from the understanding of the nature of the electronic form of procurement.

2. Problems with the use of electronic documents.

3. Problems with understanding the status and necessity of an electronic signature.

4. Problems with regard to the status and mechanism of the robot and electronic trade maidan.

5. Problems with the understanding of the mechanism and feasibility of the closed form of submission of proposals in the framework of electronic procurement.

Below, the skin of the group will be examined thoroughly.

Electronic procurement form

Problems with the understanding of the essence of the electronic form can lead to two extremes - otherwise, electronic purchases are accepted as specific, water-reinforced, not similar to anything new way purchases, or electronic purchases are called purchases from the classic paper form with the minimum number of electronic inputs. Offenses are wrong.

Nasampered, varto guess the difference between the method of purchase and the form of purchase. Sudgorodi's Frees of the Bureau of Zatnіvіvі: Elektronna, for Jacobia, rusks in Merozіya Zamnika, such a female company in Mezhі Intternet for the appropriate rules of Vіdn Tozhennika Pozpіvli to the moment Publіkatsії їїn, I am often called Pavodia, for the Say of Taxi. Methods of procurement, on the basis of the form of procurement, do not designate the mode of interdependence of the deputy and the post-employee, but the principle of choice of purchase and the mechanism of such a choice. At this time, all possible ways of purchasing are implemented in electronic form - all are directly regulated civil code bidding (as implemented in the competitions and auctions), and non-trading methods of purchasing (such as asking for quotation and asking for propositions), carrying out which are regulated by the fundamental civil and legal norms on the contract.

The most important feature of the electronic form of the conducted purchaser is those who, regardless of the method of purchase, all of them and the deputy and postal manager are posted on a specialized portal in the Internet. At the link with the cym, it is necessary to revitalize the electronic devices when purchasing in the form of electronic devices. Yes, victoria email, skype or sms-confirmation during the purchase, do not rob such a purchase purchase in electronic form. Seeing all events, firstly, in the Internet, but in a different way, with the help of a specialized portal and, if necessary, in real time, it is necessary to ensure the safety of all participants in the purchase of credits and, however, for all participants, the rules of the grid, I will reduce the anti-competitive tariff other manipulations.

At the link with the electronic form of the purchase of the transfer of the obov'yazkove vikoristanny of the electronic trading maidan. Ninі taka vimoga is directly regulated only by the Law "On the contract system" ( federal law dated 05.04.2013 No. 44-FZ), however, the positions of the law enforcement agencies do not leave any doubts about the fact that it is the same reason to expand on those companies, as they are not participants in the placement of the state and municipal government. Robot E-Marketplace for peredbachaє vikoristannya vsіh stadіy zakupіvlі Electonics dokumentoobіgu that posvіdchennya vsіh Yurydychna znachuschih Act reasonably Electonics pіdpisom scho dozvolyaє іdentifіkuvati side by tim i pіdtverditi of acceptance їy quiet chi іnshih zobov'yazan scho vinikayut in protsesі zakupіvlі, chi is zobov'yazannya put the deputy’s deputy to an agreement with the help of a co-worker, or the need to put the products on the minds he has propagated with the help of the purchasing documentation.

All features of the electronic form will be discussed in more detail below. On the other hand, do not forget about those that the electronic form is only the form of purchase, and does not change the principles of choosing a substitute, nor can it be overpowered by competition at the time of the purchase. In other words, all those that were booked during the first hour of the purchase in the traditional form, were booked during the purchase in the electronic form.

Documentation for electronic purchases

Starting from the hour of the purchase in electronic form, all documents, starting from the confirmation of the purchase and ending with the bag protocol, must be carried out exclusively in electronic form. This particularity is directly evident from the nature of the electronic form of purchase as a purchase, all communication is driven by the Internet according to the rules.

Chinne civil legislation considers electronic information, including an electronic document, as one of the different types of a written form of a document. An electronic document, in due order of certification, may be such a legal force, as a document on a paper nose, it is unlawful to refer to the participant of the purchase or the organizer of the submission of paper documents at the time of the purchase in electronic form. In addition, it is necessary to understand that the introduction of legally significant directions by means of directing electronic notification - such as a proposition to a contract, clarification of procurement documentation, is just that. - the burden of accepting legal goiters on oneself is exactly the same as the introduction of legally significant actions in letters.

It is important to understand that the original of an electronic document is a file, and the overriding version of that file is only a copy of such a document. Therefore, the zayvoi may be recognized if the okremy zamovnikіv zavantazhuvat on the electronic maidanchik at the warehouse of the application obov'yazkovo scan - copies of documents, ratcheted with a blue friend. So, just as the original of a paper document is signed with a signature and a seal, the original of an electronic document is signed and sealed with an electronic signature.

Electronic signature

Chinne civil and legal legislation and legislation on electronic signature equate the electronic signature of the legal force to the signature on the paper document. These props are needed for electronic skin care for nadannya youmu legal force. An electronic signature to serve in that number and in order to identify the rightful person of the right for the need to bring the fact of the rightful volition from his side. With this varto, remember that you see electronic signatures є raznimi.

Although the Law “On Electronic Signature” envisions three types of such signatures, in practice two of them are most important – a simple electronic signature and qualifications of electronic signatures. Like the first one, you can speak, whether it’s the use of symbols, which allows you to uniquely identify the address of the notification, the login password and the password special office on the portal in the Internet, including a special cabinet of the electronic trade maidan. Possileniya qualifikatsii e-signature like a flash drive, although today it can function without a USB-carry. Principal authority of a qualified signature is simple for a koristuvach, it is due to the fact that the qualifications of a signature are considered to be a center and for the yogi will need special software security. That very famous center at the time of superechki schodo correctness of the electronic document confirms the integrity of the new electronic signature.

A simple electronic signature appears in legislation as an analogue of a handwritten signature. Letters of qualifications electronic signature is a digital analogue of the signature, sealed with the seal of the organization. It is natural that the first of these signatures, as a rule, is awarded for the sake of physical objects (for example, in the same special office of the Internet bank), and the other one, which is necessary for the occasion, is legal issues.

It is important to remember that the electronic signature is signed not only by documents, but also by packages of documents, but also legally significant, for example, the rate is filed for the hour of the electronic auction for another price increase. Zocrema, at the hour of the electronic auction, the bid is considered due not only if the amount was specified by the participant in the auction at the form of the electronic trading maidan, but only if the amount was received by the electronic signature.

Don’t forget about those who want to be encouraged by a spivrobitnik often with an electronic signature as a representative of the company, whose signature is commended to you. So, just like an autograph, a leather electronic signature belongs to a specific citizen and legally it can be deprived of swearing. As an affirmation, a spivrobitnik can’t give an autograph of the general director on a contract, so he can’t win the right to win the director’s electronic signature for his deputy. Those who, in practice, are similar to the replacement of the buvay, are not easy to bring, they do not charge for the delivery of documents.

Electronic trade maidanchik

Electronic trade maidanchik is a necessary tool for purchasing in electronic form. This is a foldable software and hardware complex, which for a koristuvach is a site in the Internet, after registering for some kind of support, the representatives of a legal person can, in the name of a legal person, voice the purchaser as a deputy or take part in them. Within the framework of dignified legislation, the maydanchik gives coristuvachs a “line” of purchasing methods, the algorithms of which are regulated by the regulations of this electronic maidanchik and її internal rules. Neither the regulations, nor the rules for carrying out procedures are incomparable to super-legislation.

In case of any electronic trade maidan, none of the operator is either a substitute or a supplier at the borders of purchases, which is carried out on this electronic maidan. For the establishment of antitrust legislation in the course of procurement, be it in any way and in any form, it is necessary to uniquely change both the forms of the procedures, and the renewal of the parties to the relevant legal documents. So, in electronic procurement, three parties take part: the organizer of the auction (deputy), the participants in the auction, and the operator of the electronic trading maidan. The skin on both sides may have a unique legal status and may not have the right to intervene in the activity, or to implement an improvement on the other side;

The electronic maidanchik is a tool for carrying out purchases, and the operator of the maidanchik of goiter and yazaniyas will ensure the right work of this tool. Why does the operator of the electronic maidanchik not have the right to renovate the body state power, without the help of an arbitration court, then, it is impossible and there is no right to officially evaluate the legality of the deputies and post-employees, and even more so to stop them from entering the vladnogo. In the course of purchases in electronic form, as well as in the course of purchases, whether or not, any illegal actions of the deputy or the post-employee may be brought to the fore by state control authorities and the court.

Vikonannya antimonopoly vymog schodo purchasing dictated the need to carry out skin okremy procure on one electronic maidanchik in the form of announcing the purchase before the publication of the bag protocol. Carrying out one and a few purchases at the same time at different maidanchiks would put the participants in the purchases in a formally uneven camp and actually create preferences for all of them. And to the fact that after the announcement of purchases on some electronic maidan, the deputy manager starts accepting applications from potential post-employees outside the borders of that maidan (for example, on another electronic maidan, or on paper envelopes), then it should be taken into account new purchases. VІDPOVII, for the results of the qih two of the Zobov'nikovsky Zobovniki Zobov'yvnikovsky Buda to use Two Okareni Treaty (Nehai Naidztzi ziytichniy Procureіvlі) ABO at once, SKARGI SKARGI Vіd Pohannnya is adjusted in the control bodies VіdStnіyt Pragnennya.

Proposal submission mode for electronic purchases

The electronic form simplifies the magic between postal workers like a real hour. Tsya mozhlivost can win not only at the hour of the electronic auction, but also at the hour of the electronic request quotation (pricing), and navit the hour of the electronic request for proposals.

The price increase during the auction - the auction auction - is carried out according to the classical principle of making bids by participants in the auction, in order to reduce the price of the contract by an amount that is a multiple of the "crown auction" set in the auction documentation. Those same rates participants of the electronic auction in real time to work for the help of the electronic maidan, calling their propositions about the price of the electronic signature.

However, the choice of the electronic form allows you to increase the price and during the quotation. The traditional request for quotation of any and the transfer of the choice is possible exclusively for the price, but it is carried out for an open competition with the submission of price proposals in sealed envelopes, and one-hour distribution of those proposals, which were found after the completion of the submission of proposals. In other words, the skin-potential post-employer submits only one proposition about the price in hope, which itself will appear the best. Such a technology, which is called a closed form of submission of propositions (do not stray from a closed purchase!), can be implemented and within the framework of electronic quotation. However, within the framework of the electronic request for quotation, the organizer can transfer the submission form of proposals, as it is not possible to implement the traditional paper procedure.

Vіdkrita form of submission of propositions is approaching the application for quotation before the competition, not only for the principle of choice, but for the technology of conducting. So, in the case of the successor’s introduction of the period, potential post-employees, bachachi of the propositions of one of the one, can move in real time and not just rely on those that their propositions show up the best, but actively pour on the price. After the completion of such an analogue of the auction trade, which is called a different quotation session, the skin can clearly see the transition - the one who, as a result, has propagated a higher price. True, the name of such a transition, like during the auction, may be published only in the sub-bag protocol, but it is no longer considered to be specific to the electronic form, but to serve as more than a peace for the short-term risk of non-market competition in the pressure of an industrial enterprise. As in the case of the auction, after the completion of the price increase, the organizer will ask for quotation with the specified form of submission of propositional information about the possibility of granting it from the other part of the bid, that assessment of the availability of these documents will be able to purchase.

It is impossible to show technically in a real-time mode within the framework of the proposition request in the traditional form: the potential post-employees simply can’t catch the new mind on the table don’t ever be able to look at what’s new by proponing the postal worker... electronic requests quotation, as well as in the framework of electronic requests for propositions. Wono for the scheme, described by the blast, for the Vinyatkom Hishiba Scho Togo, Scho Doochozhinsky does not automatically visit, and Pisli pіddrachuyuka Pozpіvіvіvіюyu plunging by participants Baliv Vіdpovd to Cryterіїv, the upset of the purchase of documents, osskіlki for the movements of the maintenance of the proposine and all the corruption of proponed minds.

Summary all told the bladder, it is possible to unite Pelozhu Toshvaty, ucho unicusted Pozcіvel's supplies to preempt the value of the value about the rules of the competitive bosquito yak tajo tan of the knowledge of Elektronna Komunіkatsіyu Toshtria Document Ektrony, and I wrap a whaleproof zichki knowing the father of the electronic shopping madian.

As a power, and commercial structures to place their zamovlennya through electronic trading. Deputies have long appreciated the practicality and high efficiency of purchases that are carried out in such a form. But the popularity and necessity of their implementation will require both a purchase and a provider of special knowledge.

What is electronic trading

Іsnuyut sevnі problems schodo termіn "electronic trading". Some people take it as an innovation in the sphere of pridban, and sometimes they realize that this is the very traditional form of buying on a paper nose. Offended qi spriynyattya є nevirnimi.

In order to expand, we guess, by which one type of one method is used, that form of purchase. They see the electronic (in exchange for the replacement and the vikonavtsya are installed on the Internet according to the regulatory norms: in the placement of the appointment before the results of the auction) and the classic (on the paper nose). For rahunok methods of pridbannya, it is not the order of mutual interchange between clients and post-employees that is established, but for the sake of the success of the contractor-peremozhtsya, that algorithm is diy when the choice is made. All types of bidding can be carried out on the Internet: transfers of the DC RF sales (auction, competition) and others (request for quotation, request for proposals).

Bidding is carried out on a special Internet portal in real time mode. Dotrimannya tsikh minds to bring to vіdkritih and visionary diy with the participants of auctions, dotrimuyuchis same vimog for all potential representatives and zvodyachi to a minimum risk of breaking the law on the protection of competition. Therefore, if the parties exchange documents and notifications via e-mail, then this fact does not talk about those who are talking about e-commerce.

In order to gain the right to participate in tenders, and post-employees, and replacements of guilt through trading maidanchiks (No. 44-FZ on April 5, 2013 “About the contract system”, followed by the text - No. 44-FZ). The parties to the auction, working on the sites, implement all the procedures for conducting electronic procurement. Commercial Internet platform allows exchange necessary documents, identify the skin from the sides, acknowledge all the parties with a virtual signature, certify the goiter from the side of the contract with the contract manager, and from the side of the contract worker - to treat the fact of the delivery of the appointment.

See the filing of electronic purchases of goods

We see the numbers, for the sake of which these other purchases are carried out:

sales of the arrested lane;
sales of myna borzhnikiv, known as bankrupts;
manager commercial companies;
accommodation for state and municipal needs.

Whether there is any type of electronic buyers, I can control the specifics, but we can see their main characteristics.

1. The same warehouse of participants in mutual modality(Article 2 of the Federal Law "On Electronic Signature" No. 63-FZ dated April 6, 2011) :

correspondents of the third electronic maydanchik that passed accreditation;
purchase organizer;
operator ієї chi іnshої іnet-platform.

2. Conducted on the site, which is the way to link these three elements and we will call on our own to inform the participants.

So, yogo coristuvachami є be-yakі derzhavnі and municipal bodies, as well as juridical individuals and hulking people, yakі bazhayut otrimati іnformatsiyu operator z method podalshûdannya contract with counterparty.

The organizer of the banquet is a person who signed a special agreement with the operator of the EP to ask for a favor, which was put on display at the lot.

As an operator, you can act as a legal person or a sole proprietorship, registered in the Russian Federation, who may have legal rights to place in the Internet information system, which the participants are mutually associated with during the auction.

Ways of electronic trading

Double tender. To what mind do they go, if the deputy can not accurately prescribe the technical department of how to trade. At the first stage, technical propositions are introduced without the designation of a vartosta vykonannya. Applications, which are submitted to the client's help, are approved. At another stage, the participants give redactions technical plan and the price, so that in this procedure the insulting recommendations of the post-employees are assessed in accordance with the rules of the auction.

Closed competition. The process is identical to the open trade, but with one vinnyatka. The buyer independently bids, such contractors to you should be called to participate in the purchase. Any request, any results of closed tenders are not subject to publication. This way of appointing a postal worker, as a rule, will help you win in the case, if:

dіє mode of confidentiality;
the goods necessary for the deputy are for a small number of post-employees, or only a small amount of post-employees may need qualification;
spend an hour, necessary for the analysis and assessment of the great number of applications, not equal to the price of purchased products.

Selective competition to take revenge on your warehouse as a closed one, and to win electronic contests. Be-yakky bazhayuchy can take a fate from a new one. Ogoloshuyuchi cob priyomu applications, one hour nadayutsya vimogi to the participant. If you meet the purchase criteria, you may be allowed to take part in the auction.

Purchase from a single dzherel. The client proposes to lay down the contract to a single postal worker, to negotiate from it and the weather permits delivery. The company, requested as the only contractor, may have obvious advantages and may have the right to pronounce the most pleasant mind for themselves. Nabuvachevi have to work in one particular place, for those who need products to supply only them, and it is impossible to know an equivalent replacement. Also, the vin may have the right to apply to a specific counterparty, as earlier a contract was laid down with him, and at the time of the delivery of the vin may be legally valid.

Ask for propositions. And here the deputy, ring out, sign up for the post-commander of the servants. Tsej sposіb vykoristovuєtsya by the client when forming him the goal of the purchase, ale z mіnnyam її zdіysniti.

Price demand (quotation) zastosovuєtsya nabuvachem for the advent of singing goods chi services of a path in vіdkritih torgіv. This path can be used for computer equipment, office supplies, or for picking up office supplies. This is also an operational type of purchase for the results of the purchase.

Competitive negotiations Although the competitive methods did not lead to the necessary result, or it is necessary to bring goods (workers, servants) in terms, then they turn to the point of view. Vіn often vikoristovuєtsya, if necessary otrimat consulting services. Zamovnik conduct interviews with potential counterparties and encourage them to take part in electronic trading. Participants of the goiter must give their own version of the creation of the right to an appropriate date. Based on this information, the client determines the most optimal proposition and puts a contract with the candidate.

Reduction (auction, rebidding). Vznachennya vydbuvaetsya for zaproponovanoyu price, as the main selection criteria. The reduction can be zastosovuvatsya only if you need to know the company supplying these other products.

A re-bidding is called a return auction, so if the deputy does not sell the goods, but instead buys them. Participants, depending on the postal price of the contract, go down. Become a peremozhtsem the one who zaproponuє naynizhchu vartіst goods chi services.

Transfer of goods for e-purchasing

The list in electronic form, approved by the Uryad of the Russian Federation at the decision No. 616 dated 21 March 2012, to avenge the redemption of the offensive services, work those comrades, like deputy, as pracciuyut for No. 223-FZ, purchase less from such a look:

special clothes, directing to keep fit in a good physical shape (preventive, prophylactic-preventive, antipervantage);
paper yarn;
wooden container;
ropes and winders, cords;
paper, cellulose, cardboard etc.

Therefore, if the buyer requires goods, labor and services, and the stench is reduced from the designated transfer, then I will purchase for No. 223-FZ wines of goiter and carry out only in electronic form.

How to instigate, how to take revenge on your own goods from the list and not from the list? Oskіlki zamovnik needed the same product from the catalog, he happened to see them in the okremia lot. If transferring to another party is not possible, then focus on the boundary of 5% (so the value of the difference in the cob maximum price).

At the register of the Order of the Russian Federation No. 616 dated 21.06.2012, there are a few vinnyatki, which can speed up and not conduct auctions in electronic form:

products, or please enter before the transfer, but information about it cannot be posted on the site;
the sum of the contract is selected from 100 thousand rubles;
vіdomostі, scho fit into the documentation, draft contract, povіdomlennі, lie down to the sovereign's taєmnitsi;
Please contact the agent a single leader that complies with the norms of the yogo Provision on procurement. Therefore, if the client has made such a norm before his Regulation, then he may not conduct electronic tenders, send him the necessary goods from Perelik No. 616. back to top contract system. Changes will be made early before No. 223-FZ, and data will become impossible. It is recommended to be aware of your purchases via the Internet and check them out;
the term is needed for goods, robots, services in connection with an emergency, over-emergency situation, inconvenience to medical workers, on the walls of the environment of non-selective force, or in connection with the danger of insecurity. So, as an accident happened, then draw up an official act, which will be signed by representatives of the deputy of that wine side, as well as by persons who are unaffected by the results. The control authorities override the purchase with a special relativism, - as such lapses are repeated more often, the stench may lead to think about the details of the registration of assets.

The supplier has the right to complete the list of goods for delivery in electronic form from its Procurement Regulations. If you voluntarily expand the translation No. 616, then you vouch for it.

Wash, yakі dictates the Internet Maidanchik

The electronic platform is a collection of technical and informational solutions that will ensure the mutual support of the intermediary between the deputy and the postal worker for the help of the voice channels.

To become a participant in electronic trading, you need to be accredited to that other trade fair. At times of accreditation, a potential post-employer or a buyer cannot take part in the bidding and on the relevant sites there will be only a little bit of data about the bidding that will take place.

The trustee can form auctions, take part in all stages, appoint participants, and also zdiyasnyuvat all see buyers, without interfering with the nomenclature. Confirmation of the postal worker, who agrees to the client’s help, who has waited with the minds of the documentation (term, price, quality, guarantee, reliability, pay the fee) and gave the least delivery option, which becomes viconuvanim, becomes an assistant in the electronic auction.

Let's take a look at federal electronic resources.

Site of creations 01.07.2009 the date of birth is attributed to the subsidiary structure of Sberbank of Russia. Here, electronic state purchases, tenders of a corporate nature, and auctions for the sale of the lane of bankrupt companies are held. The platform for the B2C format was announced in 2013. Just for the three quarters of 2015, over 600 procedures were carried out for a total sum of 950 billion rubles.

2. "Single electronic trading maidanchik" - www.roseltorg.ru.

Founded in 2009 by the Department of Moscow (52%) and the Bank of Moscow (18%). Great clients of the sovereign sector are roztashovuyutsya at the places of federal significance of the Russian Federation (Moscow, St. Petersburg) and the Republic of Bashkortostan. Works with such largest departments, such as the Ministry of the Russian Federation for overarching situations, the Ministry of Defense of the Russian Federation and others. There is a large customer base that operates within the framework of No. 223-FZ, including Rosatom, Rostelecom, the Moscow and St. Petersburg Metro and others. Just on the cob of rock, over 200 thousand trading procedures were carried out for a total sum of over 550 billion rubles.

Done on 10/01/2010. Vlasnik є NP RTS (non-commercial partnership for the development of the financial market). Approximately 60% of state purchasers Siberian Federal District. Clients є kіlka zagalnoderzhavіh vіdomstv. Maydanchik not to hold auctions for No. 223-FZ, but in case of any promotion, use the services of your partner in the OTC-tender business. In 2015, more than 279 thousand auctions were held for a gross sum of over 661 billion rubles.

4. Global Russian e-commerce system of SUE "AGZRT" - www.zakazrf.ru.

Organized in 2005 to serve the established company of the Republic of Tatarstan, and later expanded the territory of the service. Clients are various municipalities, organizations of the republican republic, viysk institutions, academy of agricultural science and others. In less than nine months of 2015, 33,000 auctions were held for a gross sum of over 73 billion rubles.

Commercial resources

Ordinnava in SIM 30 ELECTRONIC TRADEMENT MAYANDIKIYIVY, SHO MAKE DYYALNIBER FOR THE RISE SPECIALS OF EKONIKI, SUCK MACHINE, ENERGETIC, METALURGІYA, TELECOMUNIKATSІYA, NAFTOKHIMIYA, AVTOPROMSLOVISTELY, AGROPROMISSIONALLOVYY SECTOR, CIVILNA AVIATIVA, NANOTEKHNOLOGY, LITILOVO-KOMUNAL SECTOR TA GALYZI.

Here it is possible to sign a contract with the great deputy and significantly expand the market of zbutu. Since 2006, the portal has been filled with a single system, which will carry out the implementation of the lane of companies known as bankrupts.

3. Electronic trading maidanchik GPB - etpgpb.ru.

This bula was founded by the subsidiary company VAT Bank DPB for the first-rate customer service in the field of purchasing procedures. Clients: DK OMZ, DK BAT "Gazprom", BAT "Corporation" VNDIEM", BAT "Voentorg", BAT "Corporation" Kometa "and about 50-60 great Russian spozhivachiv.

4. Trading platform "ELECTRO-TORGI.RU" - universal.electro-torgi.ru.

I universally promote my services in the sphere of organizing electronic purchases, related to the implementation of the mortgaged lane, the lane of borzhniks from vikonavchogo, as well as to the service of various goods at the borders of commercial pridbans.

5. Group of electronic maidans OTS.RU - www.otc.ru.

The bula was created for carrying out trade activities for close cooperation with TOV "RTS-tender", ¾ the project of CJSC "Over the Exchange Markets". On OTC.RU, you can conduct both state and municipal purchases, as well as commercial auctions. All maidanchiki are founded on the basis of RTS stock exchanges, the stench is superb and simple in vikoristanni. OTC.RU includes: OTC-crypto, OTC-agro, OTC-market, OTC-tender, SecondShares, OTC-finance.

Criteria for choosing a site for e-commerce

Skіlki from the registered post-employees can take part in the tender. On the first Internet-sides of trade, less than 15% of the post-employees can take the fate of less than 15% of the post-employees, who made a subscriber contribution, at other prices there is none.

Chi accredited electronic platform for organizing government purchases. Accreditation is a guarantee of reliability. Confirmation of the websites of other state-owned buyers: Oschadbank of Russia, RTS-tender, Maydanchik of the Council of Moscow, MICEX, Council of the Republic of Tatarstan.

The number of skargs per electronic resource robot. When choosing, you can submit an analysis of the scarg, as the participants of the tenders submit to the FAS. On the portal http://zakupki.gov.ru you can respectfully learn about the claims of the bidders.

How to take part in electronic auctions: instruction manual

1. Electronic signature is required.

By way of the electronic digital signature (EDS) the participant identifies himself. The EDS is the same key that looks like a flash card. We can confirm that you yourself made the price proposition in the auction, and for the winnings, they signed the contract on the legal basis. The ECP on the Internet can be compared with the importance of a citizen's passport. With this help, you can sign any document, check the signature of the correspondent for accuracy, and the signing act - the possibility of making amendments after the installation.

Rechecking the EDS for accuracy can be done on the basis of decryption and encryption keys. The sender, zastosovuyuchi necessary software security that key, viroblya sing sequence of characters, which is part of the sent information. The addressee is corroborated by such a PZ itself, with a decryption key and a method for recognizing the captured information and carrying out a reverification. Successfully completed revision means that the information received is similar to the revised one, and, therefore, was not changed after the signing. Generation of a sequence of characters in the process of the ECP.

Key certificates can be seen only in the specialization center (CA). Vіn register koristuvachiv, attach, liquidate, renew the key certificate. The center gives technical support to the ECP. A person who wishes to take part in electronic document processing, for the purpose of the EDS, can turn up to be a handy for a new authorized CA.

On the website of the ECP in the Russian Federation http://iecp.ru/ep/uc-list you can see the latest translation of official authorizations of the CA of Russia.

2. Choose an Internet platform and pass accreditation.

A package of documents for the confirmation of a participant in the purchase of goods for five federal maidan orders. Registration on commercial websites will require an extended transfer of documents and may be checked out of the warehouse. In order to be accredited to the trade maidanchik, for example, Rosneft, the participant will have the opportunity to receive a lot of information, including the number of final beneficiaries.

Also, in order to successfully pass the confirmation on the federal electronic resource, it is necessary to prepare scanned versions of the upcoming papers:

all sides of the statute of the organization, which are stitched and numbered, including the remaining sheet with the sign of the tax authority. The statute is signed by a special person, the seal of the company is affixed. IP that physical individuals give copies of all sides of the passport;
the original of the transcript from the IDRYL or a copy certified by a notary (for legal issues). The same rules for children should be chosen IP (vytyag z EGRIP). The document must be reviewed by the tax authority no earlier than six months before the date of submission of the accreditation method;
decisions about the praise of great favors from the establishment of a specific maximum maximum amount please;
an act confirming the renewal of the company's ceremonial staff (a decision, or a protocol on the offense, an order to enter the landing).

If all the events on the trading maidanchik are not carried out by the head of the company, then the crime of giving evidence is to report trust, as it confirms the reinstatement of the trusted person.

Be sure to prepare scanned versions of documents in any of the upcoming formats: .doc, .txt, .pdf, .docx, .jpg, .rtf, .zip, .gif, .7z, .png, .rar.

The application for accreditation is issued according to the prescribed form. It is necessary to respect that, without pardon, fill in the rows and attach the file, which will allow you to have all the scanned versions of the necessary documents received by the ECP. It would be desirable to indicate that proper legislation has not blocked the enforcement of the trading site on the application of the participant in a free form. Obov'yazkovo indicate the IPN number and the current e-mail address. On the mail you need anonymous information from the purchaser, it is respectful to check the accuracy before correcting.

Decisions about accreditation or vidmova in the future, the operator of the maidan of the goiter should send the participant no more than five working days from the moment of the due date. Vіn mozhe v_dmoviti in two ways: the applicant did not give the necessary evidence, or he did, but they do not stink to the authorities of orderly legislation.

The decision is to be made by e-mail, appointments in the application. At the time of accreditation, the operator of goiter must indicate the reason (inconsistency of documents in legislation, the existence of specific acts). As only a participant in a broken house, you can reapply for confirmation.

Informing about the accreditation bags, the operator is obliged to add the details of a special account, for which the participant of electronic trading performs operations from the security of applications.

After the otrimannya is renewed, the administrator shall enter the statements of the postal worker to the Registry. The accreditation process is three times a year after the participation of the participant to inform the operator. An accredited party may take part in all auctions that take place there. The postal worker takes upon himself the obligation to give reliable data about himself, so that he is guilty of constantly controlling the changes that appear in the documents and direct them to the operator of the Maidanchik.

The postal worker cannot take part in the purchase from the moment of notification that three months have passed before the end of accreditation. The participant is guilty of zazdalegіd podbati about the passage of confirmation. The recommended term for re-accreditation is six months before the end of the previous line.

3. Popovnyuemo special rahunok.

The second accreditation was confirmed, for the participant there is a special account. The postal worker shifts to his account pennies for securing an application for participation in the auction. The zamovnik independently determines the exact amount. As a rule, it will cost 0.5-5% of the postal price of the contract. For the hour of the auction, a penny sum is blocked. For the deposit, the pennies are turned over to the security, but for which it is necessary to submit a special application, signed by the ECP.

4. We submit an application for participation in electronic procurement.

Only after the victory of the previous three krokiv organizations will revoke the right to participate in tenders. The company can do this preparation for a few days before filing for a trading maidanchik. Let's take a look at the features of the transmission of animals:

tse v_dbuvaetsya only in electronically;
if the maximum price (NMC) of the purchase does not exceed 3 million rubles, then the term of the application submission from the moment of publication should be no less than seven days, with the transfer of 3 million rubles of the NMC - no less than 15 days;
acceptance is given by the order, which is made up of two parts, one-time;
in parallel, the firm will secure, with which the tender loan is the most convenient way;
The company succeeded in finding that, having propagated the founding price, but it does not mean that the contract itself will be laid down for it, the shards of the other part may be redressed.

In order to form offending parts of the application, generate scanned versions of documents and attach them to the site in special forms, as you can help, as soon as you receive specific electronic purchases and activate the button about taking part.

All other documents will be automatically submitted before the application to a special office, so it is important to control the relevance of information about the company, which we hope.

The package of vouchers is signed by a digital signature and is superseded by the way the activation of the voucher button. On the skin platform, it has its own peculiarity, where the signature of the vimoga is signed. So, on Oschadbank-AST, leather papers are first seen, which are attached, and then - an application, on other maidanchiks - it’s just a sign.

5. Points to the decision about your fate.

Under an hour to look at the first parts of the applications, the deputy manager either admits the participants to the auction, or else lets them go. Right up to the sight of other parts, the names of counterparties are attached.

6. We take part in the purchase.

If the company is admitted to participate in the auction, the date of the auction is assigned. At the singing day that year, the participants submit price propositions. At the end of the auction, 10 quilins are given, and yogo rosemir becomes 0.5-5% of the NMTs.

After the end of the auction, other parts of the bids are reviewed, the protocol of their review is published, as a result, the act of subscribing the sums, as well as the appointment of the postal leader.

7. Time to win is zavantazhuemo bank guarantee.

Acceptance of a bank guarantee (BG) for a trading maydanchik, as a guarantee of the summation of all obov'yazkiv, zumovlenyh contract. BG is given by banks for a penny sum equal to 30% of the NMC, moreover, financial and credit organizations charge a wine city in the amount of 2-4% of the penny sum of security.

8. Sign a contract.

The helper lays down the favor, as if overpowered by the deputy, for the help of the ECP. Then we will confirm the buyer, and from this moment it will come into our own. Please pay attention to those that all documents are not signed electronically.

Signs that the auction was carried out by the Shakhrai scheme

1. Short terms. On the leather supply of goods, vikonannya robіt chi services will be needed for a sufficient amount of time. As soon as the draft contract is assigned an hour, by stretching out some impossible yogo vikonati, then, ring out, there will be falsifications. For example, it was indicated by the delivery of office equipment, the term of delivery is several working days, but in fact, such a purchase can be made for a month. Obviously, you spent on a corrupt scheme. So think about those that the goods were already delivered, but for the purpose of electronic trading for No. 44-FZ, the zamovnik covered himself with falsified favors.

2. Technical task with special furnishings. Sometimes the auction is specially formed in such a way that you can wash your mind for a moment, and it’s more than just a post-employee. Let's put it like a butt to buy a medical possession from Moscow, which happened five years ago. Computed tomography scans the wrinkle bar approximately 1.5 meters. Most of the companies offer tomography with a bar height of 1.5-1.52 meters, and only one company works with a bar height of 1.54 meters. Tobto zamovnik during the molding of the auction documentation, having “sharpened” on a specific picker with a path of inserting the exact height of the plank, which does not fit into the characteristics of the possession. Knowing people like the auction, following the report, familiarize yourself with the documentation, analyze it, as if you like it, report to the Federal Antimonopoly Service for the exchange of competition.

3. Limit on subcontract. In the auction documentation, the deputy may have the right to allow either the subcontractor (vykonavtsya) to be subcontracted (svvikonavstvo). Tse legal right The client is most likely to be right-handed with the purchases of the same type of products (for example, stationery), shards and companies, which regularly take part in the electronic auction, in which the activity from the purchase of the item was planned as the middle one. Tobto firm, acting as an intermediary, vіddaє zamovlennya to third persons and may in this way please 20-30% sum of the contract. For such sumn_vnyh operations, the burden of delivered goods. Do not separate between subcontractors, as if the products are combined in one lot, not of the same type. For example, the subject of the contract is the supply of stationery products and safes. In this case, the vikonavets will be guilty of going to spіvpratsi іz the post-manager of the safes. If the subcontract is fenced, as a rule, it is the "imprisonment" for a specific postal worker.

4. Attachment of purchases. The buyers go to the offensive cunning: to specially give a pardon to the subject of electronic trading, so that the post-employees could not know it. So, from the name "Conducted visits at the connection from security sovereign state» do not decide what the deputy has formed in one auction, a lot of lots, but in itself: software, yoga modernization and training. Such applications are formed on the basis of specific violations of the antimonopoly legislation.

Organization of bidding in electronic form

For the cob of the cob, it is necessary to know that wine is purchased by the way. Internet purchases for No. 44-FZ are strictly regulated, and for No. 223-FZ, the purchase is expected to have the right to establish its own rules, so as not to supercharge legislation. Spozhivach independently rozroblyaє Regulations on the purchase of their own, establish that it is required by the prescribed norms. FAS can serve as a reference point for e-commerce clarification for No. 223-FZ.

Let's take a look at two options for a deputy.

1. We accept applicationse- mail.

For example, at the Regulations on Procurement, the client has prescribed what for electronic trading and interchange of electronic sheets. The buyer is responsible for taking on the burden of uninterrupted work in order to ensure the principles of fairness and equity during the application process. Nabuvach can not vouch for the uninterrupted activity of the provider, the robot of which may be interrupted at the link with technical problems.

A non-summary participant can submit an application, knowing that he does not submit the purchasing documentation to the minds. Spozhivach at his own carry a risk of non-conforming goiter for a contract.

How to start the process of accepting applications smoothly, how can the manager guarantee the participants to accept the application at once? Better for everything, the stench will be revealed to him in the distance, by himself giving the priority to the singing post-workers.

The biggest risk of corrupt practices of the client at the stage of accepting a list of applications, thereby violating Part 1 of Art. 17 FZ about the protection of competition.

So the buyer will be hindered by the difficulties of conducting an auction and submitting price proposals. It’s practically impossible to vikonati, vikoristovuyuchi like a trade maidanchik postal service.

Visnovok: Great risks were carried by the organizer of the auction at the sight of the postal screen. This method does not make things easier for the robot, it is less likely to create a lot of problems for pre-trial antitrust legislation.

2. Organize an electronic form of purchase through the operator of the website.

In times of fixation of the Regulations for conducting tenders through online trading platforms, the responsibility for the operator is to lie with the manager. No. 223-FZ has a clear understanding of “electronic maidan operator”, apparently, the site is not a subject of an Internet purchaser and cannot be carried out according to No. 223-FZ.

Internet-sides do not guarantee uninterrupted work, and for possible damage, that participant's scarg will carry a buyer. At the time of the recognition of the claim, the primed yoma will see an attribution. In case of violation, a fine of up to 500 thousand rubles is imposed on the victim.

It is recommended for nabuvachs with special care to approach the choice of the operator. Obov'yazkovo vydznachte zone vіdpovіdalnostі one of one. The Regulations are more likely to fix that the rules for conducting a specific method of procurement, the assigned Regulations are established, and the rules for conducting on an electronic maidanchik can be the mother of authority, protecting the functionality of the platform operator.

That is, if the operator does not give you a new guarantee of the receipt of the Provisions on the purchase of your business, then, if placed outside the framework, they will be recognized as unprimed and inconsistent with the norms of your document, and, obviously, they will be qualified for the first part of the law. 2 FZ. Such law enforcement is carried out to the court order, if it is possible to make amendments to the internal documentation, as well as re-hold the auction.

How to develop electronic commerce in the navigation

Planning and budgeting. It is your company's responsibility to conduct monitoring of electronic maidanchiki how to determine the prices of the purchasers of goods that you need. For example, on the "RTS-tender" qі danі є vіdkritimi.
Search for potential post-employees. You can conduct dobori on internet platforms. So, "Gazprom" quickly, vikoristuyuchi іnformatsiyu іnformatsiyu, storіvaє kolіlі іtіchіh taborіv, and prikintsі spring go on storіnі z elektronnym bidding vyglyadі і uktіonі і successfully vyznaє viznaє vigіdny stavаl'nik servіstі. In order to carry out the qualification selection on the trading square, a request is being made for the representatives.
Clarification could be purchased. look over auction documentation similar entries. Such information will help you to quickly formulate your assistance to post-employees.
Speak, good mind. Electronic auctions in the form of a request for proposals are respected by the widest lines. So you propagate to potential contractors for a specific subject by purchasing a work offer, and then accepting the most viable proposition of the counterparty. If you don’t have the initiatives of contractors, then you have the right not to lay down the agreement. From the average, for the tribute, the RTS-tender, from the drink of minds take the fate of five or six contractors.
Select a postal worker. It is necessary to choose a postal worker, to hold an auction. You can get the goods for 10-15% cheaper according to the planned amount of the contract.
Revising the postal worker. Reverse the arrogance of a potential postal worker. You can provide a package of documents and get familiar with the installation certificates, accounting, as well as recognition, chi taking part in similar purchases.

In the rest of the hour, the number of electronic purchasers, carried out under the Law No. 223-FZ, has grown substantially. This trend is explained by the increased efficiency. Electronic purchases allow the deputy to simplify the process of drawing up documents, expand the list of available propositions as much as possible and quickly analyze them. However, regardless of the extension, the procedure carried out for a new type of purchaser will still require substantive supplementation and additional legal regulation. This article should describe the main features of the electronic purchaser procedure under 223 FZ.

At the moment, Law No. 223-FZ has daily readings regarding the choice of the method of purchase - wine is appointed by the deputy. What is such a situation sufficient for not making purchases in electronic form? What are the reasons to admit that in another hour the alternatives to electronic purchases will not be left out?

Dumka to the law

How to grow when choosing the form of purchase?

Use special transfer of goods, carry out purchases of these goods only in electronic form. If the goods are not included before this transfer, then the deputy may have the right to establish the form of purchase himself, but it’s more for your mind that it is included before the provision for purchase.

The transfer of goods and services, the purchase of which are made exclusively in electronic form, is confirmed by the order of the Russian Federation. Chinnu edition of this list can be found in the resolution of the RF Council No. 616 dated 06/21/2012. Us comrades chi servants, who should be at this decree, deputies, for understanding that the law No. 223-FZ expands on them, goitre purchases are exclusively in electronic form. Nedotrimannya tsієї probably cause skasuvannya results of the tender. Also, a re-verification will be made, for decisions that may be a fine for the deputy.

So it has been brought to the point that a part of the buyers of electronic form is constantly growing, and even in the electronic translation there are practically all the most popular goods and services, zocrema arranging the office, other goods, stationery, transport.

Sheet of the Federal Antimonopoly Service of Russia dated December 24, 2012 No. ІА/44025/12 grants the replacements the right to independently choose the form (competition, auction only) and the terms of the purchase.

Chi obov'yazkovo vikoristovuvati ETP?

According to the Law No. 44-FZ, it is true, it is obov'azkovim, but the Law No. 223-FZ states that it is not hard. It can be said that Law No. 223-FZ does not require the obov'yazykovy vykoristannya ETP, but it shows that it is safe to work.

The deputy can no less independently choose an electronic maidanchik for carrying out purchases in electronic form, and also determine the order of such purchases. You may have the right to vote on the electronic maydanchik and choose alternative forms of procurement.

Controlling bodies respect electronic procurement, as during the process it is not necessary to submit the original documents in paper form, and all documentation is carried out in electronic format. In this manner, according to Law No. 223-FZ, the name of the deputy does not count as a public maidan for electronic purchases. Vіn can independently determine the form of the procedure carried out and tse povnіstyu be respected by the right.

The analogy between the electronic procurement and the procurement for the assistance of the electronic maydanchik is formally respected by the pardoners. According to the data sheet of the Federal Antimonopoly Service of Russia dated 02.08.2012 No. AK / 24857, for electronic procurement, you can understand whether I will purchase, as part of which exchange, the necessary documents are submitted in electronic form. Moreover, the procedure for the exchange of documents is not the fault of mother vіdkhilen vіd vymog to the singing method of purchasing.

As it has already been said, the regulatory framework will require further improvements and additions, for example, at the moment it has not yet been appointed to the electronic trading Maidan, which is suitable for conducting purchases. This situation can create significant difficulties, the shards of the deputy must be brought to the fore by their own criteria for selection, the list of which is often replenished by an additional path. Tse not only increase the cost of spending more time electronic buyers, ale and complied with the interdependence of the deputy and the post-employee through the day of standardization. Also, I don’t know and could not lay down contracts in electronic form, which is often electronic procurement according to 223 FZ all the same, they are signing a paper document, which can create significant difficulties with the great territorial distance of the postal leader.

At the moment, there are close to 160 Maidans, which may be sufficient functionality for conducting purchasers, designated by Law No. 223-FZ.

ON A NOTE

Features of the choice of UTP

Legislation does not regulate the procedure for appointing a Maidanchik, for the help of which electronic procurement Ale does not mean that you can fix it for sure. In the process of searching for an electronic trading maidan, you should respectfully turn your attention to the correctness, familiarize yourself with the functionality and regulations of the work resource. The primary factor is the law itself, and not the internal rules of the ETP, as if the stink of a dignified legislation, then the favor granted for the help of the ETP will be annulled. Also, it should be changed that the feasibility of the Maidanchik allows you to fully implement the transfer of the order of the tender.

It is necessary to remember that the sheet of the Federal Antimonopoly Service of Russia dated 01.03.2012 No. ІА/6011 regulates the review of claims and claims to the ETP operator. The processing of any kind of animal husbandry from the side of the deputy is carried out for the purpose of the Maidanchik. In this rank, as a deputy and an operator of the Maidanchiki, they are in different places, then the deputy should have to think further about the interplay of the Cosmos with the missionary provisions of the OFAS Russia.

Prospects for e-buyers

Competitive purchases from the future will become exclusively electronic

Іnuє project No. 821534-6, which transfers amendments to Law No. 223-FZ. At the moment, yoga is already accepted Sovereign Duma at the first reading. If the amendments will still be made, then in the future all purchases, if they are not secret, will be carried out obov'yazkovo electronic buyers. Moreover, the form of the її zdіysnennya will also change - the choice of electronic trading maidanchiki in the same camp will be obov'yazkovim. It’s not exactly clear, but you can admit that the Maidan people also go through the procedure of a strict selection, similar to the one that transfers Law No. 44-FZ.

Necessity of conducting electronic purchasers for additional UTP

The most important document is the Standard of Construction purchasing activity okremih species legal regulations of the Federal Antimonopoly Service of Russia (hereinafter referred to as the Standard), which is the number of creations in 2015. Vіn revenge the principle of confidentiality of information, which is hoped by the participants of the purchaser.

Also, the Standard to avenge the provisions on those, that the timeliness and completeness of the given information, transferred by the contractors for participation in the auction, to the deputy, as well as the confidentiality of the data, are imposed on the operator of the UTP. Because of this, you can add a non-traditional vysnovka, which is necessary for choosing a specific deputy of your UTP day, now, the independence of the UTP’s activity as a deputy, to help increase the transparency of the purchaser.

It should be noted that the standard is still not obov'yazkovy, but to avenge the change of recommendations of the Federal Antimonopoly Service of Russia. Ale, on a yoga basis, you can create visnovkas about a straight-away development of a sphere electronic buyers. The moment that the provisions of the Standard will be approved by the legislator as obov'yazkovі before the end of the next hour, to do the temple, to that, both to the deputy, and to the post-employees, if they want to take part in competitive purchases, then train the staff to the new standards of activity. The independence of the ETP as a substitute will help to significantly increase the objectivity of the arrangement of contracts for delivery.

Estimate the extent of the promotion of electronic buyers can be positively assessed. If the development of the system of purchasers continues at the same pace, then the number of failures in the non-active choice of the post-employer will be significantly reduced, which may be dictated by the low competence of the replacement, so the presence of the influx of great business groups.

Podbags

1. When laying down contracts for the supply of goods, included before electronic transfer, purchases can be made only in electronic form.

2. It is possible to make amendments to Law No. 223-FZ, as a goiter, carry out all purchases (crime closed), including in electronic form, with more or less electronic maidanchikiv, which have passed through the second round.

3. Unforgettable mustache electronic procurement according to 223 FZ carried out on independent Maidanchiks, the result of which will be the laying down of a valid electronic contract.

Today, the law does not have an unambiguous definition of what such purchases are in electronic form for 223-FZ. The Federal Antimonopoly Service of Russia and law enforcement agencies enforce that the electronic form of procurement includes paper documents. In practice, not all deputies receive this appointment. Let's talk about the problems of the tariffs of substitutes when choosing an electronic form of purchase today. I look a little ahead, into the future. What will be the electronic procurement of 223-FZ in 2017?

The article was prepared on the basis of the webinar "Purchases in electronic form according to 223-FZ", School of Electronic Trading. Conducted webinar - Oksana Shipunova, a specialist in the field of purchasing from 223-FZ, is engaged in training for direct regulation of purchasers (according to 223-FZ and 44-FZ) at the Corporate Academy of Rosatom. The article commented on changes to 223-FZ on the basis of the draft law. At this time, the project is in the view of Derzhdumi, expert assessments, change the ceremoniality of the year 2017

Procurement methods in electronic form for 44-FZ and 223-FZ

On the basis of obov'yazki about the conduct of purchases in electronic form, state officials may (Federal Law of 05.04.2013 No. 44-FZ). They may conduct an electronic auction for buyers of products that are included in the list of appointments. Auction translation Tobto, here the form of the procurement is not less fixed: electronic, and it is propagated as one possible way appointment of a postal worker

There are more deputies who are practicing for the Law No. 223-FZ. For them, a transfer of products has been installed, purchases of such stench should be carried out in electronic form, and in some way the stench will be made by itself. It may be a competition, it may be an auction, or it may be a request for quotation, a request for propositions, or else, independently vygadane by a deputy and secured by the Regulations on Procurement. So for them the obov'yazkovoy is the very electronic form, and the way to stink is to pick it up independently. Regional authorities, authorities mіstsevoy self-rowing can install additional exchanges for four categories of borrowers in any way of electronic purchase.

Voluntary purchases in electronic form can be carried out by all categories of substitutes under 223-FZ.

223-FZ: transfer of the purchaser in electronic form:

Purchasing goods, jobs, servants, such as deputies according to 223-FZ of goiter, purchase in electronic form, in accordance with the resolution of the RF Council of 21.06.2012 No. 616. Before entering:

paper yarn;
cords, types of ropes and coils, not included to other groups;
special clothing for training in physical form (protipevantage, prophylactic-navantazhuval, prophylactic suits) special;
wooden container;
cellulose, paper and cardboard;
new transfer of goods, work and services, purchase of such goods in electronic form for 223-FZ.

Shchoraz, if the deputy needs the goods, the robot as a servant of this transfer, is guilty of conducting purchases according to 223-FZ in electronic form.

And what about the work, like a deputy, to carry out purchases, before which the nomenclature is included, which is included before Perelik, so are the goods (robotics, servants), the purchases of which are not regulated in any way? Purchases that need to be made in electronic form are recommended to be included in an independent lot. As much as possible, it is better to focus on the threshold of 5%.

Due to the practice of controlling bodies, it is allowed to include up to a lot, which can be used to collect goods from your company, not more than 5% of these goods, working on such services, purchasing such goods in electronic form. To go to the variant of the 100% cob maximum price.

Purchasing from 223-FZ - a distance course for improving qualifications from the School of Electronic Trading. The training is carried out with the approval of legislative changes. The deputy head learns how to correctly fold documents, and the post-employee - correctly read and understand them. The supplementary professional program for the promotion of qualifications is divided on the basis of professional standard"Specialist in the field of purchasing." Dedication to the promotion of qualifications 72 years old.

Blame from the rules

What is the blame, if the purchase of products from Perelika 616 is allowed to be carried out not in electronic form? Appears, є:

the amount of money is selected from 100,000 rubles;
please, or the goods (group of goods) enter before the confirmed transfer, information about how it is not sent to the official site;
information, which should be kept from the information, documents about the purchase, or the draft contract should be removed from the vіdomosti, which should lie before the sovereign's secret;
the need for the purchase of vinyl in the event of an emergency, non-selective force, the need for a term medical delivery, supra-extreme situations natural chi technogenic character, and navіt z method zapobіgannya threat їх viniknennya. In this part of the deputy, mothers are recommended to have documentary confirmation that the surroundings of unexpressed power have really accumulated, as if it was impossible to transfer. Like an accident, it’s better to put together a confirming act. Ideally, such an act can be signed by both the lieutenant's lieutenants, and by third unaffected persons. And even though the deputy blamed for a lot of over-the-top and non-probable situations - it led the controllers to get involved, which they showed the actions of action. Possibly, actions are updated;
the purchase must be made on the basis of the mind of the purchase from a single postal worker in accordance with the Regulations on the purchase, confirmed by the deputy. This norm means that, in fact, the deputy may not purchase Perelika No. 616 in electronic form, but purchase from a single supplier. How to write down such a right from your Regulations on Procurement, of course. But such a fault of the deputy is practically evil, tk. “with a clean look” in support of the goals and principles of legislation on the contract system. Better for everything, the world is in need of certitude with amendments to 223-FZ, such a practice will become impossible. Therefore, the deputy is recommended to adapt to the electronic forms of procurement procedures and learn how to practice on electronic trading maidanchiks.

The deputy to his Regulations can expand the transfer of goods, work, services, which wines are purchased in electronic form. Accepting voluntarily the wines of such shoes, the deputy carried responsibility for the tying of these shoes.

How to organize an electronic procurement form for the deputy 223-FZ

Soyno deputy appointed that comrades, robots, servants make purchases in electronic form, they can understand how to organize this form of purchase. Today, there is no clear definition as to what kind of purchase in electronic form should be carried out. The deputy of goiter at his own Regulations establishes the rules and procedures for such purchases.

You can focus on inter-row areas and cherish similar norms of the Contract System:

"Electronic form (format) of the purchaser" - the procedure of the purchaser, which is applicable from victories Internet, web portal and (or) electronic trading maidan(electronic maydanchik), as well as software and hardware zasobіv (Pleasure about state (municipal) purchases, laid 09.12.2010).

Take the designation є in 44-FZ:

Within the framework of vodnosyns, directing to the provision of sovereign and municipal needs, exchange of electronic documents is allowed, transferred by the legislation of the Russian Federation and other legal acts about the contract system in the sphere of purchasers, between participants in the contract system in the sphere of purchasers, including filing applications for participation with the appointed postal worker (contractor, contractor), residual propositions (part 1 of article 5
Under an auction in electronic form (electronic auction), an auction will be considered, which is carried out without any on the electronic maidanchik її by the operator(Part 1, Article 59 of the Law on the contract system).

Ale ci do not fit at the borders of 223-FZ. Father, they cannot be the truth in the rest of the instance. The only regulator, which has given an explanation of how the electronic procurement form for 223-FZ, is the antimonopoly service.

The sheet of the Federal Antimonopoly Service of Russia dated July 2, 2014 No. АЦ/26473/14 says: exchange of electronic documents between the deputy and the participant, the purchases were made in the best possible way, which are presented before the singing method of purchases, established by the provisions on procurement ". The deyakі zamovniki interpreted the meaning of the clarification subjectively and broadly: they didn't grab documents on paper noses in parallel to the electronic form, goiters called the participant of the purchase to appear at that chi and other stage. procurement procedure. There were fluctuations, if the zamovniks were picking up applications in electronic form, but on the submission of price propositions, the participants of the small ones would appear especially.

In order to accept such incorrect interpretation, the FAS Russia will clarify: “... as a procurement in electronic form, a procurement turn off exchange of paper documents between the deputy and the participants, the purchases were made in the right way to the best, which are presented before the singing method of the purchase, as well as Ob'yazok of the participant of the purchase at the quieter stages of the procurement procedure”. Deputies are recommended to follow up on the FAS' clarifications until the correctness of the amendment to 223-FZ is reached, and the unambiguous formulation of the concept of "purchase in electronic form" appears.

Position of the FAS to know your ticket practically

Let's take a look at the sprat of applications.

Decision No. 223FZ-119/15 for the legacy of looking at the scarga of the Federal State Unitary Enterprise "Spetsbudservis at Special Bud of Russia" on the duty (non-idiality) of the deputy of the VAT "TsIUS EES". The deputy's deputy asked to file an envelope on a paper nose for the address and the destination of the deputy's appointment. Looking at the scarga, the commission of the Federal Antimonopoly Service of Russia found the deputy to be unprimed, illegal, that they did not comply with the norms of the Provision on Procurement and revealed a violation of part 1 of Article 2 of the Law on Procurement.

The situation at the Moscow metro. Zamovnik bought a video warning system for the Moscow metro. A competition was being held. For price parameters and other characteristics, the competition is fair. Ale, in the Regulations on the purchase, a protirichya appeared: the deputy registered the mind of the electronic auction, having sent the electronic transfer, where the commodities, work, servants were taken, how to enter the lot warehouse, how the scarga was served. From one side, the deputy dotsilnishe and effectively hold a competition, from the other side, - the direct norm of the Regulation on the purchase of goiter and yazuvala yoga to hold electronic auction. The procurement procedure was annulled. The deputy has changed the Regulations on the procurement and verification of the competitive procedure, as it has shown its objective needs.

On the basis of these two decisions, it is not possible to work visnovok, so that the controllers will always stand on the side of the participant in the procurement procedure. Ni. If the deputy has correctly prescribed the procedure for conducting the electronic procurement form, then he will be compelled to do so, whether some control body will be on the side of the deputy. Axis butt.

Decision No. 223FZ-137/14 for the results of the review of the card by TOV "UVZ - Service", TOV "GTR", TOV "BT (Rus)". Zamovnik having carried out the purchase in electronic form. The participant who did not want to go through accreditation for the electronic maidanchik and brought an application for paper. The application was completed at the latest level of documentation, submitted all the necessary documents, but the participant violated the procedure for submitting the application. Zamovnik did not check the application electronically until the end of the term for filing applications. The application was turned over to the paper's looking participant without looking at it. Having filed a scarga, the yak was recognized as unprimed. Zamovnik is primed against the Regulations and dorimuvavsya principles of the electronic procurement form. Accept an application from a paperman who looks like he is not goiter.

The judges will follow the position. In general court practice super-chliva, but step by step approaching the rise, formed by the antimonopoly service. Zokrema, Federal Antimonopoly Service of the Moscow District in resolution dated 02.12.2013 No. Ф05-14297/2013 in reference No. А40-4091 / 13-152-41 stating: “...appointed in the Law on Procurement and Resolution of the Order of the Russian Federation dated December 21, 2012 No. 6” About the confirmation of the transfer of goods, the work of those services, the purchase of such goods in electronic form "the electronic form is transferred by persons, so that they take part in the purchase, from the number of substitutes for all electronic assistance and such a rank including the possibility of using paper documents". Tsikavo, that the Moscow judges vindicated the protracted decisions, allowing the filing of part of the application on a paper nose. Ale, focusing on such a position is not varto. Її do not support the antimonopoly service or the prosecutor's office. The Federal Antimonopoly Service of Russia and law enforcement agencies enforce that the electronic form of procurement includes paper documents.

Electronic procurement under 223-FZ from the Regulations on procurement

Let's look at two possible options for the deputy of Obidva, it is still impossible to organize the process.

Option 1: accept applications by email

Let's assume that the deputy, having installed at the Regulations on Procurement, that for the new electronic form of procurement is the exchange of sheets through the electronic screen. To ensure fairness and fairness, starting at the stage of filing applications. The zamovnik accepts wines of goiter, vykonannya of any kind of new, well, does not depend. Vin is responsible for ensuring the continuity of the robotic electronic screen, so that you can stop working for technical reasons provider.

A possible option, if the participant submitting an application as an individual, does not have the right to submit an application. And here the deputy is carrying the risks of the non-conforming goiter for the contract.

Let's say everything went smoothly, and all applications came in good condition. The power supply is depleted: how does the manager guarantee one-hour access to applications? It is high that the deputy opened the application before the date specified in the documentation, having created a greater importance for the participation of these and other persons.

At the stage of filing applications, those are the most corruption risks. Great damage to part 1 of Article 17 of the Law on the protection of competition, if the deputy can coordinate the various participants in the procedure, give information about the selection of applications for participants in other persons who are competing.

Another problem is with the procurement procedure. How can a deputy organize an auction and re-trade by the forces of an electronic screen? Possibly, but not transparently.

Visnovok: for the deputy, it is planned to carry out purchases in electronic form through the exchange of electronic sheets through an electronic screen. It is possible, but to create more folding, to make the job easier.

Option 2: organize an electronic procurement form through an operator of an electronic maidan

As the Provisions on Procurement stipulate that the electronic form of procurement transfers the services of the operator of the electronic trading Maidan, the deputy bears the responsibility for the operator. However, there are still no amendments to 223-FZ, there is no such subject as “Operator of the electronic Maidan”: no subject as a participant in the procurement cycle, no subject in the framework of 223-FZ.

It's a pity, not all maydanchiki guarantee reliable and uninterrupted work. Possible failures and damage to the operator's robot will be brought to the fault of the deputy. At times skarga, the deputy itself, and not the operator of the maidanchik, takes away the order. If the operator of the maidanchik does not go to his deputy and does not allow charges against him, ordered by the antimonopoly authority, the deputy may be fined for non-compliance with the control authority. The amount of such a fine is up to 500,000 rubles!

A pleasure for the patrons: choose an operator with care. Write down how you diltimete vіdpovіdalnіst.

It is recommended that the deputies should be alert to the Provisions on Procurement. Please indicate that the procedure for carrying out a specific method of purchase, which is prescribed by your Regulations, that procedure for carrying out on the UTP may be subject to improvement of the functionality of the UTP operator.

Otherwise, if the operator of the Maidanchik does not guarantee 100% compliance with your Procurement Provision, then, be it in the framework of this Procurement Procedure, you can be recognized as unprimed, but do not comply with the Procurement Provision, and other substitutes will be qualified. Procurement law. . Tse damage is not burdened by administrative records, but on the basis of such a decision, the deputy can take orders, as if he is afraid to make changes to the order of the procurement procedure, overstep that other stage of the procurement.

And how can I buti?

Amendments are being prepared for 223-FZ, if they decide to give an overview of what the electronic form of procurement is to be carried out. The operator of the Maidanchik can become a full-fledged subject of the procurement process, which can be denounced, and transferred to the Code of Administrative Offenses of the Russian Federation.

The legislators have taken a low initiative to regulate the electronic procurement form. We must first allow you to check the skin of any participant in the procurement process.

Today, the participants can easily understand how to submit an application, de, and also successfully bring it to light that the deputy has made a mistake when submitting an application. If the amendments are accepted, all stages of the procurement procedure will be reasonable, however, it will be easy for everyone to control.