Federal Law "On Public Procurements": analysis of features of FZ-94

The state often acts as a customer in the field of property relations. There is a Federal Law "On Public Procurements", which will be discussed in detail in this article.

Objectives of the Federal Law

What kind of relations regulates the submitted normative act? Article 1 of Law No. 94-FZ "On Public Procurements" provides for the placement of various orders for the supply of goods or the performance of certain services. The law establishes the norm, according to which it is necessary to monitor the implementation of the constitutional principle of the unity of the economic space. The power in Russia, according to the law, should effectively spend budget funds. State orders should directly relate to ensuring an optimal standard of living for citizens.

In what situations does this law apply? Article 1 deals with cases of placing orders, performing work, providing separate services, etc. In this case, the effect of the normative act in question does not apply to the following types of relations:

• Appointment of an advocate in the course of criminal or civil proceedings;
• Attraction of a lawyer to legal assistance.

The federal law "On Public Procurements", thus, regulates relations related to public needs and their satisfaction.

On the needs of the state

What is meant by the needs of the state level? Article 2 of the normative act in question states that it is necessary to satisfy the needs in the field of searching for customers, sources of financing, ordering certain goods or services, etc. State needs of the federal level are met at the expense of the federal budget.

Budget organizations and institutions in the regions of Russia should be financed in a timely manner by the state. This is necessary to meet the needs for services, goods, works, etc. The state develops special target programs, in accordance with which it carries out certain types of procurement. There are also municipal needs. This, according to the law, ensuring the needs of budgetary organizations at the expense of the regional treasury.

On a competitive basis

The federal law "On Public Procurements" fixes several basic types of state procurement. Thus, Chapter 20 establishes standards in accordance with which the placement of orders by the authorities can be made on a competitive basis. Under the competition in this case we mean trades, the winner in which is recognized the person who offered the best terms of the contract.

Contests can be held on an open and closed basis. Products or conditions that should constitute state secrets are, as a rule, reasons for holding a closed-type competition. The law prohibits charging participants a fee. Under the ban and conduct negotiations with the customer's participants of the competition or the competitive commission. Otherwise, a legitimate decision will be made to declare the whole event void.

About the auction

Chapter 3 of the Law "On Public Procurements" establishes the rules in accordance with which auctions are held on the right to enter into state contracts. Auctions in this case are ordinary trades. During the event, the status of the performer is acquired by a person who was able to offer the lowest cost for the performance of the contract.

The difference between the auction and the contest is only one: in the first case, candidates for performers offer optimal conditions, and in the second - the optimal price. In other respects, the auction practically does not differ from the competitive basis. There is also an opportunity to make the process open or closed. It is forbidden to conduct a secret dialogue with one of the participants and charge the candidates for participation.

Other ways of placing orders

FZ-94 The Federal Law on Public Procurement establishes several basic ways to conclude a contract. Thus, in Chapter 4, it is possible to request quotes. These are ways of obtaining information about the required goods or services. The customer attentively studies the quotes and on the result makes a decision on cooperation with this or that executor. Chapter 5 of Article 48 refers to the request for quotations for the provision of emergency humanitarian assistance.

Chapter 3.1 deals with the possibility of holding auctions in electronic form. And the auction can still be both closed and open type. Finally, article 55 sets forth the rules under which a state has the right to apply to one performer. This occurs in situations where the supply of goods or the provision of services are related to natural monopolies (for example, as in the case of Gazprom).

Neither the state, in the person of the customer, nor the performers, should allow violations of the Law on Public Procurement. Otherwise, judicial proceedings of the appropriate nature will be instituted.

About protection of rights of participants of an order placement

Chapter 8 of the federal law refers to the possibility of appealing the actions of the customer in the person of the state, if the latter has violated the norms established by law. You can also appeal against the actions of the operators of the electronic site where the auction was held, complain about the actions of the auction or tender commission, authorized body or specialized agency. Appeal, as it is not difficult to guess, can only happen in a judicial order. Articles 57-61, in which all these norms are established, are a kind of guarantor of the protection of the rights of participants in the placement of an order.

What changes were made to the Law on Public Procurement? I must say that legally all the considered normative act no longer exists, and in its place entered Federal Law No. 44 "On the contract system in the field of procurement for state and municipal needs." For the sake of justice, it is worth noting that all the above rules and norms are still operational. However, they are fixed in the new document of 2013.