State and Law. FZ 44 "On Public Procurement" and its new version

How is the process of public procurement going on? Only the latest version of Federal Law No. 44 "On Public Procurement" will provide an answer to this question. All about this bill will be discussed further.

Scope of application of the Federal Law

What is the relationship between the proposed bill? The first article fixes the provision of municipal and state needs for a variety of legitimate purposes. This includes the purchase of goods, improving the quality of services, ensuring efficiency in a given sphere, and so on.

The entire existing system of public procurement represents the following main areas of application:

• Procurement planning;
• Identification of suppliers, conclusion of civil law contracts with them;
• Control over the execution of contracts;
• Constant monitoring and audit in the field of procurement;
• Control over the observance of certain laws, norms, rules, regulations, etc.

At the same time, Federal Law No. 44 "On Public Procurement" regulates the impossibility of the following relations:

• Cooperation with foreign commercial enterprises;
• Procurement of goods for persons subject to state protection;
• Purchase of precious metals or stones;
• Purchase through some intermediaries.

Basic principles

The Law on Public Procurements (No. 44 FZ) establishes the basic principles under which all necessary work must be carried out. What exactly is worth highlighting here?

• Principles of the contract system. It is a question of competent conclusion of contracts, in accordance with all norms and rules.
• Principles of transparency and openness of the whole public procurement system.
• The principle of competition. Thanks to this principle, state purchases will be implemented much faster and more efficiently. Moreover, the authorities themselves must constantly support and ensure healthy competition.

• The principle of professionalism and competence of customers in the face of the state.
• The principle that fixes the constant stimulation of innovations and innovations.
• The principle of ensuring the unity of the entire contract system.
• Principle of responsibility for the results of procurement.

Thus, the first chapter of the draft law quite clearly regulates all the basic principles and conditions for the implementation of state and municipal purchases.

Goals of public procurement

FZ No. 44 on public procurement, namely, Article 13 establishes three main objectives for the conduct of its work by the customer, represented by the state. What exactly can be distinguished here? In accordance with the bill under consideration, the purchase of certain goods by state or municipal authorities is carried out:

• For the implementation of certain activities and the achievement of the objectives prescribed in the programs of the state (municipal district);
• For the fulfillment by the state of its international obligations, the implementation of international programs;
• For the performance by government agencies of their tasks and responsibilities.

Thus, the objectives are presented in the draft law very general and brief, but at the same time quite clearly and clearly.

Procurement Planning

The Law on Public Procurements (No. 44 FZ), namely its second chapter, introduces the concept of so-called procurement planning. What it is? Article 16 speaks of the formation, approval and implementation of two critical elements: scheduling plans and procurement plans. It is these two elements that make up the procurement planning system. Plans-graphics are developed for each order individually, but procurement plans must comply with certain norms and rules.

So, here are the following points:

• The need for an identification code;
• The purpose of procurement must be clearly established;
• The purpose of procurement should not contradict the law;
• The name of the object should be indicated;
• The financial volume of the purchase must be calculated;
• The terms of registration and receipt of goods must be clearly established;
• It is necessary to correctly substantiate the purpose of a state procurement.

Thus, the planning system established by Federal Law No. 44 "On Public Procurement" is clearly structured and justified.

How are state purchases carried out?

Above was outlined the plan of procurement by the Russian state. Now it is worthwhile to talk about how power structures need to act in accordance with the plan presented.

At the very beginning, you need to find a supplier. There are a number of conditions and requirements that must be applied to suppliers. So, after making a purchase, the seller should not reduce deliveries, stop them, or otherwise interfere with the quality of goods. It is also worth noting that the supplier must have a clean and unblemished reputation. He, among other things, should stand out among his competitors.

A contract must be concluded with the supplier, corresponding to all necessary norms and rules. The contract must confirm the bank. It is necessary to note the active participation of various expert organizations in the work on public procurement. Such kind of enterprises will help to correctly formulate, change or cancel the order, create certain guarantees, issue documentation, etc.

Audit and monitoring

FZ No. 44 "On Public Procurement" (the last wording), namely, the fourth chapter of it, introduces two important concepts: monitoring and audit of purchases. What is monitoring? This is a system of observations, carried out on an ongoing basis by collecting, classifying or evaluating information (in this case, information on suppliers and purchases).

What should be monitored for? Here is what the law prescribes:

• Evaluation of the validity of procurement;
• Evaluation of the cost of procurement;
• Verification of procurement for compliance with regulations and laws and many other functions.

And what can you tell about the audit (holding hearings)? The law speaks about the need for its implementation by the RF Chamber of Accounts, as well as by some other counting bodies and entities. The power structures should be given a clear and justified assessment of the design and result of purchases.

Exercising control

A detailed description of the control procedures is provided by the fifth chapter of Federal Law No. 44 "On Public Procurement" (2015). In the beginning, we are talking about the main bodies involved in control. Here you can identify a federal executive authority, authorized to control the procurement or cash management of the budget system of the Russian Federation, as well as various bodies of internal municipal or federal control of finance.

Control should be carried out with respect to direct customers or contractual services. It is also worth highlighting the main areas that need to be controlled with the help of the above-mentioned bodies. These include:

• Information on the amount of finance;
• Plans-graphs, information about the purchased products;
• Protocols of suppliers;
• A register of contracts and some other areas.

The Federal Law (No. 44 FZ) "On Public Procurements", therefore, establishes a very qualitative and ramified system of control.

Appealing Procurement

Any participant in the procurement can submit a complaint to the court - both the supplier and the customer. Such measures are taken only if, during the delivery of goods, someone's legitimate interests or rights have been violated. At the same time, the complaint can be filed by two participants at once, without interfering with each other.

There are some rules for filing complaints, which should be highlighted a little more. So, filing an application with a court can be made no later than ten days after the order is placed in a single information register. The complaint must be submitted to the appropriate judicial authorities in written or electronic form. The application itself must be formalized in accordance with all rules and regulations.

The Regulation "On Public Procurements" (No. 44 FZ) regulates that the complaint should be reviewed by the controlling body in the procurement sphere. He is given exactly five days. The decision taken by the body can be appealed in court.

Government Procurement

FZ No. 44 "On Public Procurements" (Garant, Chapter 11, Article 111) regulates the procedure for making purchases under the decision of the Russian government. What is necessary to note here?

The Supreme Executive Body is able to determine the characteristics of a product before direct purchase. As in other cases, it is necessary to identify the supplier, consider additional contract terms, identify technological and economic characteristics of the product.

The government is the body that purchases most of the products. What exactly does the executive branch buy? This includes products for a variety of spheres of life: cultural, environmental, educational, medical, etc. Any budget institution should be provided with all necessary means at the expense of the state.

Procurement in the field of defense

Reviews of Federal Law No. 44 "On Public Procurement" are very positive. Any political scientist or other specialist will note the qualitative structure, many additional legal elements and a detailed system of writing articles. Thus, Article 109 of the draft law in detail regulates the specifics of the conclusion of public procurement to ensure the security and defense of the country.

The whole system of procurement here is almost the same as the others. A supplier is also identified, a contract is concluded with it. In case of violation of the contract, the government starts looking for another supplier. It should be noted, however, that in the field of defense everything is somewhat more complicated. So, the tender for finding suppliers here is more difficult. Each supplier must have a special license and certificate. The price is determined by the customer, in accordance with the initial and maximum settings during the competition.