ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 8, 2018 No. 1335

About approval of Rules of implementation by the federal executive bodies performing functions and powers of the founder concerning federal state institutions, the rights of the owner of property of the federal state unitary enterprises, departmental control of observance of requirements of the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" and other regulatory legal acts of the Russian Federation adopted according to it

According to article 6.1 of the Federal law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" Government of the Russian Federation decides:

1. Approve the enclosed Rules of implementation by the federal executive bodies performing functions and powers of the founder concerning federal state institutions, the rights of the owner of property of the federal state unitary enterprises, departmental control of observance of requirements of the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" and other regulatory legal acts of the Russian Federation adopted according to it.

2. To the federal executive bodies performing functions and powers of the founder concerning federal state institutions, the rights of the owner of property of the federal state unitary enterprises to approve regulations of implementation of departmental control of observance of requirements of the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" and other regulatory legal acts of the Russian Federation adopted according to it till January 1, 2019.

Approved by the Order of the Government of the Russian Federation of November 8, 2018 No. 1335

Rules of implementation by the federal executive bodies performing functions and powers of the founder concerning federal state institutions, the rights of the owner of property of the federal state unitary enterprises, departmental control of observance of requirements of the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" and other regulatory legal acts of the Russian Federation adopted according to it

1. These rules establish procedure the federal executive bodies performing functions and powers of the founder concerning federal state institutions, the rights of the owner of property of the federal state unitary enterprises (further respectively - bodies of departmental control, customers), departmental control of observance by customers of requirements of the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" (further - the Federal Law) and other regulatory legal acts of the Russian Federation adopted according to it (further - departmental control).

2. When implementing departmental control bodies of departmental control perform check of observance by the customer of requirements of the Federal Law and other regulatory legal acts of the Russian Federation adopted according to it (further - mandatory requirements), including:

a) the requirements provided by parts 2.2 and 2.6 of article 2 of the Federal Law in case of approval by body of departmental control of standard regulations on purchase, the stipulated in Article 2 Federal Laws;

b) regulations on purchase when implementing purchases.

3. Departmental control is exercised according to the regulations approved by body of departmental control.

4. Departmental control is exercised by conducting exit and (or) documentary check (further - check).

The term and frequency of conducting checks, procedure for forming of the commission authorized on conducting check (further - the commission), affirm body of departmental control. At the same time inclusion in structure of the commission of officials of the customer concerning which it is performed is not allowed.

5. When implementing departmental control the customer is subject to reference to certain category of risk taking into account assessment of probability of non-compliance with mandatory requirements, data on quantity and on total cost of the agreements signed by the customer by results of purchase of goods, works, services by it including on total cost of agreements, information on which is not entered in the register of the agreements signed by customers by results of purchases according to part 3 of article 4.1 of the Federal Law. Other criteria of reference of the customer to certain category of risk can be established by body of departmental control.

6. When conducting check the commission has the right:

a) request from documents, necessary for conducting check, taking into account requirements of the legislation of the Russian Federation about the state, commercial and protected by the law other secret;

b) receive checks of explanation, necessary for carrying out, in writing, in electronic form and (or) in oral form;

c) have in case of conducting exit check easy access on the territory, to rooms and buildings of the customer (including on photographing, video and copying of documents) in case of presentation by members of the commission of official IDs and the notification specified in Item 7 of these rules taking into account requirements of the legislation of the Russian Federation about the state, commercial and protected by the law other secret.

7. The body of departmental control at least in 10 working days prior to conducting check sends to the customer the notification on conducting check which shall contain:

a) check type (exit and (or) documentary);

b) term of conducting check, including date of its beginning;

c) structure of the commission;

d) request about submission of documents and information;

e) information on need of providing conditions for conducting exit check (in case of its carrying out), including about provision of the room for work, and also means of communication and other necessary means and the equipment.

8. By results of conducting check the statement which is signed by members of the commission is drawn up. In case of identification of violations by body of departmental control the plan of elimination of the revealed violations is developed and affirms.

9. In case of identification by results of check of the actions (failure to act) containing signs of administrative offense, materials of check are subject to the direction in federal executive body, authorized to consider cases on such administrative offenses, and in case of identification of the actions (failure to act) containing signs of structure of criminal offense - in law enforcement agencies.

10. Materials by results of check, including the plan of elimination of the revealed violations specified in Item 8 of these rules, and also other documents and information received (developed) during checks are stored by body of departmental control at least 3 years.

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