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Ministry of Justice

Russian Federation

On April 16, 2019 No. 54400

ORDER OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of February 4, 2019 No. 113/19

About approval of regulations of implementation by Federal Antimonopoly Service of departmental control of observance of requirements of the Federal Law of 18.07.2011 No. 223-FZ "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 of July 18, 2011 No. 223-FZ "About purchases of goods, works, services as separate types of legal entities" (The Russian Federation Code, 2011, No. 30, Art. 4571; No. 50, Art. 7343; 2012, No. 53, Art. 7649; 2013, No. 23, Art. 2873; No. 27, Art. 3452; No. 51, Art. 6699; No. 52, Art. 6961; No. 11, Art. 1091; 2015, No. 1, Art. 11; No. 27, Art. 3947, 3950, 4001; No. 29, Art. 4375; 2016, No. 15, Art. 2066, No. 27, Art. 4169, 4254; 2017, No. 1, Art. 15; No. 24, Art. 3477; 2018, No. 1, Art. 54, 65, 80, 89; No. 27, Art. 3957; No. 32, Art. 5134, 5135; No. 45, Art. 6846; No. 49, the Art. 7524) and Item 2 of the order of the Government of the Russian Federation of 08.11.2018 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" (The Russian Federation Code, 19.11. 2018, 47, of the Art. 7260) I order to No.:

1. Approve regulations of implementation by Federal Antimonopoly Service 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 according to Appendix to this order.

2. Powers on the organization of departmental control of observance of requirements of the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" to assign to Control financial management of FAS Russia.

3. To impose control of execution of this order on the deputy manager of FAS Russia A. V. Dotsenko.

Head

I.Yu.Artemyev

Appendix

to the Order of Federal Antimonopoly Service of the Russian Federation of February 4, 2019 No. 113/19

Regulations of implementation by Federal Antimonopoly Service of departmental control of observance of requirements of the Federal Law of 18.07.2011 No. 223-FZ "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 regulations establish procedure for carrying out by the Federal Antimonopoly Service performing functions and powers of the founder concerning federal state institutions (further - Customers), departmental control of observance by Customers of requirements of the Federal Law of 18.07.2011 No. 223-FZ "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. Departmental control is exercised by the Federal Antimonopoly Service performing functions and powers of the founder concerning federal state institutions, the rights of the owner of property of the federal state unitary enterprises.

3. Subject of departmental control is observance by Customers of requirements of the Federal Law and other regulatory legal acts of the Russian Federation adopted according to it, 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.

4. Departmental control is exercised according to these Regulations.

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

Are performed according to the plan of departmental control for the next calendar year (further - the plan of checks) approved by the head of Federal Antimonopoly Service or person replacing it.

The draft of the plan of checks is created by Control financial management and determines the list of the objects of check which are subject to check, check type (exit and (or) documentary), the term of conducting check, period of time for which activities of objects of check are checked.

Execution of the approved plan of checks is assigned to Control financial management.

Changes can be made to the plan of checks according to the decision of the head of Federal Antimonopoly Service based on the motivated address of the chief of Control financial management.

6. The action of departmental control is performed by the commission of Federal Antimonopoly Service based on the order of the head of Federal Antimonopoly Service. At the same time inclusion in the list of authorized workers of officials of object of check concerning which it is performed is not allowed.

7. The commission of Federal Antimonopoly Service on holding actions of departmental control is created of authorized officers of Federal Antimonopoly Service. In need of structure of the commission employees of subordinated public institutions as independent experts can be included.

8. At least three people are part of the commission. The commission is headed by the commission chairman appointed the head of Federal Antimonopoly Service.

9. The order on holding actions of departmental control shall contain the following data:

a) decision on holding action of departmental control;

b) structure of the commission, with indication of the commission chairman;

c) check subject (the checked questions);

d) the checked period;

e) name of the Customer;

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

g) start and end dates of check;

h) date of submission of the inspection statement.

Aggregate term of conducting check cannot be more than fifteen calendar days. According to the written motivated petition of the commission chairman, the decision of the head of Federal Antimonopoly Service, conducting check can be prolonged no more than for fifteen calendar days. Concerning each Customer are performed at least once a year.

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