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FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 5, 2013 No. 44-FZ

About contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs

(as amended on 22-12-2020)

Accepted by the State Duma of the Russian Federation on March 22, 2013

Approved by Council of the Russian Federation on March 27, 2013

Chapter 1. General provisions

Article 1. Scope of this Federal Law

1. This Federal Law governs the relations aimed at providing the state and municipal needs for the purpose of increase in efficiency, effectiveness of implementation of purchases of goods, works, services, ensuring publicity and transparency of implementation of such purchases, prevention of corruption and other abuses in the sphere of such purchases, in the part concerning:

1) procurement plannings of goods, works, services;

2) determinations of suppliers (contractors, contractors);

3) the conclusions of the contracts provided by this Federal Law;

4) features of execution of contracts;

5) monitoring of purchases of goods, works, services;

6) audit in the sphere of purchases of goods, works, services;

7) control of compliance with law of the Russian Federation and other regulatory legal acts about contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs (further - control in the sphere of purchases).

2. This Federal Law is not applied to the relations connected with:

1) rendering services by the international financial institutions created according to international treaties which participant is the Russian Federation, and also international financial institutions with which the Russian Federation signed the international contracts;

2) purchase of goods, works, services for safety of persons which are subject to the state protection according to the Federal Law of August 20, 2004 No. 119-FZ "About the state protection of the victims, witnesses and other participants of criminal trial" and the Federal Law of April 20, 1995 No. 45-FZ "About the state protection of judges, officials of law enforcement and monitoring bodies".

3) purchase of precious metals and gemstones for replenishment of the State fund of precious metals and gemstones of the Russian Federation and the state funds of precious metals and gemstones of appropriate subjects of the Russian Federation in which territories precious metals and gemstones were extracted;

4) assignment of counsel of inquiry by body, body of pretrial investigation, court for participation as the defender in criminal trial according to the Code of penal procedure of the Russian Federation or court for participation as the representative in civil legal proceedings according to the Civil Procedure Code of the Russian Federation or in administrative legal proceedings according to the Code of administrative legal proceedings of the Russian Federation;

5) involvement of the lawyer to rendering legal aid to citizens it is free according to the Federal Law of November 21, 2011 No. 324-FZ "About free legal aid in the Russian Federation".

6) purchase of goods, works, services by precinct election commissions, territorial election commissions, including in case of assignment of powers on them other electoral commission, district electoral commissions, the electoral commissions of municipalities (except for the electoral commissions of the municipalities which are the administrative centers (capitals) of subjects of the Russian Federation) in pursuance of powers, stipulated by the legislation the Russian Federation about elections and referenda;

7) attraction by the electoral commissions, commissions of referendum of citizens to performance of works and rendering the services connected with ensuring powers of the electoral commissions, commissions of referendum during preparation and elections, referendum in the civil agreements signed with physical persons according to the Federal Law of June 12, 2002 N 67-FZ "About basic guarantees of the voting rights and the participation rights in referendum of citizens of the Russian Federation";

8) ceased to be valid

9) purchase of goods, works, services by Russian Central Election Commission, the electoral commissions of subjects of the Russian Federation, including in case of assignment of powers on them district electoral commission, in case of elections to federal bodies of the government;

10) collection by the operator of an electronic trading platform, the operator of specialized electronic platform of payment according to part 4 of article 24.1 of this Federal Law;

11) agreement signature about establishment of the servitude in cases and procedure which are provided by the land legislation.

3. Features of regulation of the relations specified regarding 1 this Article in the cases provided by this Federal Law can be established by the separate Federal Laws.

Article 2. The legislation of the Russian Federation and other regulatory legal acts on contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs

1. The legislation of the Russian Federation on contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs (further - the legislation of the Russian Federation on contractual system in the sphere of purchases) is based on provisions of the Constitution of the Russian Federation, the Civil code of the Russian Federation, the Budget code of the Russian Federation and consists of this Federal Law and other Federal Laws governing the relations specified regarding 1 article 1 of this Federal Law. The rules of law containing in other Federal Laws and governing the specified relations shall correspond to this Federal Law.

2. In cases, stipulated by the legislation the Russian Federation about contractual system in the sphere of purchases, the President of the Russian Federation, the Government of the Russian Federation, federal executive bodies, State Atomic Energy Corporation "Rosatom", the State corporation on space activities Roskosmos has the right to adopt the regulatory legal acts governing the relations specified regarding 1 article 1 of this Federal Law (further - regulatory legal acts about contractual system in the sphere of purchases).

3. Public authorities of subjects of the Russian Federation, local government bodies according to the competence of cases, stipulated by the legislation the Russian Federation about contractual system in the sphere of purchases, adopt the legal acts governing the relations specified regarding 1 article 1 of this Federal Law. These legal acts shall correspond to the regulatory legal acts specified in parts 1 and 2 of this Article.

4. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty.

4.1. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

5. The Federal Laws making changes to the provisions of this Federal Law concerning procurement planning of goods, works, services, determination of suppliers (contractors, contractors), including establishment of new methods of determination of suppliers (contractors, contractors), control in the sphere of purchases, monitoring of purchases of goods, works, services, audit in the sphere of purchases of goods, works, services become effective since January 1 of the next calendar year following after year of their acceptance, except as specified their acceptances after October 1 of the current calendar year in case of which such Federal Laws become effective since January 1 the year following after the next calendar year.

Article 3. The basic concepts used in this Federal Law

1. For the purposes of this Federal Law the following basic concepts are used:

1) contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs (further - contractual system in the sphere of purchases) - set of participants of contractual system in the sphere of purchases (federal executive body on regulation of contractual system in the sphere of purchases, executive bodies of subjects of the Russian Federation on regulation of contractual system in the sphere of purchases, other federal executive bodies, public authorities of subjects of the Russian Federation, local government bodies authorized on implementation of normative legal regulation and control in the sphere of purchases, State Atomic Energy Corporation "Rosatom", the State corporation on space activities Roskosmos, the customers, participants of purchases including recognized as suppliers (contractors, contractors), authorized bodies, authorized institutions the specialized organizations, operators of electronic platforms) and performed by them, including with use of unified information system in the sphere of purchases (except as specified if use of such unified information system is not provided by this Federal Law), in accordance with the legislation of the Russian Federation and other regulatory legal acts about contractual system in the sphere of purchases of the actions aimed at providing the state and municipal needs;

2) determination of the supplier (the contractor, the contractor) - set of actions which are performed by customers according to the procedure, established by this Federal Law, since placement of the notice on implementation of purchase of goods, work, services for ensuring the state needs (federal needs, needs of the subject of the Russian Federation) or municipal needs or in the cases established by this Federal Law from the direction of the invitation to take part in determination of the supplier (the contractor, the contractor) and come to the end with the conclusion of the contract;

3) purchase of goods, work, service for ensuring the state or municipal needs (further - purchase) - set of the actions performed in the procedure established by this Federal Law by the customer and the state or municipal needs aimed at providing. Purchase begins with determination of the supplier (the contractor, the contractor) and comes to the end with obligation fulfillment by contract parties. If according to this Federal Law placement of the notice on implementation of purchase or the direction of the invitation to take part in determination of the supplier (the contractor, the contractor) is not provided, purchase begins with the conclusion of the contract and comes to the end with obligation fulfillment by contract parties;

4) the procurement participant - any legal entity irrespective of its form of business, pattern of ownership, the location and the place of origin of the capital, except for the legal entity whose place of registration is the state or the territory included in the list of the states and the territories which are providing preferential tax regime of the taxation and (or) not providing disclosure and provision of information when carrying out financial transactions (offshore zones) concerning legal entities approved according to the subitem 1 of Item 3 of article 284 of the Tax Code of the Russian Federation (further - offshore company), or any physical person including registered as the individual entrepreneur;

5) the state customer - state body (including public authority), State Atomic Energy Corporation "Rosatom", the State corporation on space activities Roskosmos, the public company "The Single Customer in the Sphere of Construction", state non-budgetary fund management authority or state governmental agency acting on behalf of the Russian Federation or the subject of the Russian Federation authorized to assume budgetary obligations according to the budget legislation of the Russian Federation on behalf of the Russian Federation or the subject of the Russian Federation and the conducting procurements;

6) the municipal customer - the municipal body or municipal public institution acting on behalf of the municipality authorized to assume budgetary obligations according to the budget legislation of the Russian Federation on behalf of the municipality and the conducting procurements;

7) the customer - the state or municipal customer or according to parts 1 and 2.1 of article 15 of this Federal Law the budgetary institution, the state, municipal unitary enterprises conducting procurements;

8) the public contract, the municipal contract - the agreement, the signed civil agreement which subject are delivery of goods, performance of work, rendering service (including real estate acquisition or lease of property) and which is concluded on behalf of the Russian Federation, the subject of the Russian Federation (public contract), the municipality (the municipal contract) by the state or municipal customer for providing according to the state needs, municipal needs;

8. 1) the contract - the public or municipal contract or the civil agreement which subject are delivery of goods, performance of work, rendering service (including real estate acquisition or lease of property) and which is signed by budgetary institution, state either municipal unitary enterprise or other legal entity according to parts 1, 2.1, 4 and 5 of article 15 of this Federal Law;

8. 2) the contract of lifecycle - the contract providing delivery of goods or performance of work (including if necessary designing of capital construction project, designing of goods which shall be created as a result of performance of work), subsequent servicing, if necessary operation during service life, repair and (or) utilization of the delivered goods or the capital construction project created as a result of performance of work or goods;

9) unified information system in the sphere of purchases (further - unified information system) - set of the information specified regarding 3rd article 4 of this Federal Law and containing in databases, the information technologies and technical means providing forming, processing, storage of such information, and also its provision with use of the official site of unified information system on the Internet (further - the official site);

10) authorized body, authorized institution - state body, municipal body, state organization to which powers, stipulated in Article the 26th this Federal Law are assigned;

11) the specialized organization - the legal entity involved by the customer according to article 40 of this Federal Law;

12) federal executive body on regulation of contractual system in the sphere of purchases - the federal executive body authorized on implementation of functions on development of state policy and normative legal regulation in the sphere of purchases;

13) regulatory authority in the sphere of purchases - the federal executive body, executive body of the subject of the Russian Federation, local government body of the municipal district, local government body of the city district authorized on control in the sphere of purchases and also the federal executive body authorized on implementation of functions on control (supervision) in the sphere of the state defensive order and in the sphere of purchases of goods, works, services for ensuring federal needs which do not belong to the state defensive order and data about which are the state secret (further - regulatory authority in the sphere of the state defensive order);

14) executive body of the subject of the Russian Federation on regulation of contractual system in the sphere of purchases - the executive body of the subject of the Russian Federation authorized on implementation of functions on providing (in interaction with federal executive body on regulation of contractual system in the sphere of purchases) realization of state policy in the sphere of purchases for ensuring needs of the subject of the Russian Federation, the organization of monitoring of purchases for ensuring needs of the subject of the Russian Federation, and also on methodological maintenance of activities of the customers conducting procurement for ensuring needs of the subject of the Russian Federation;

15) the expert, the expert organization - the physical person, including the individual entrepreneur, or the legal entity having special knowledge, experience, qualification in the field of science, the equipment, art or craft (workers of the legal entity shall have special knowledge, experience, qualification in science, the equipment, art or craft) which perform on the basis of the agreement activities for studying and assessment of subject of examination, and also for preparation of expert opinions on the delivered customer, the procurement participant to questions in the cases provided by this Federal Law;

16) cumulative annual purchasing amount - the total amount of financial provision approved for the corresponding financial year for implementation by the customer of purchases according to this Federal Law, including for payment of the contracts signed prior to the beginning of the specified financial year and subjects to payment in the specified financial year;

17) electronic platform - the website on the Internet corresponding to the requirements established according to Items 1 and 2 of part 2 of article 24.1 of this Federal Law on which competitive methods of determination of suppliers (contractors, contractors) electronically (except for the closed methods of determination of suppliers (contractors, contractors) electronically are carried out), and also purchases of goods at the single supplier electronically on the amount provided by part 12 of article 93 of this Federal Law;

18) the operator of an electronic trading platform - non-public economic society in which authorized capital to foreign citizens, to stateless persons, foreign legal entities belongs no more than twenty five percent of shares (shares) of such society and which owns electronic platform, including software and hardware, necessary for its functioning, provides its functioning, and also corresponds to the requirements established according to Items 1 and 2 of part 2 of article 24.1 of this Federal Law and is included in the list of operators of electronic platforms approved by the Government of the Russian Federation;

19) specialized electronic platform - the information system corresponding to the requirements established according to Items 1 and 3 of part 2 of article 24.1 of this Federal Law, access to which is provided with use of secure channels of communication and on which the closed competitive methods of determination of suppliers (contractors, contractors) electronically are carried out;

20) the operator of specialized electronic platform - the Russian legal entity who owns specialized electronic platform, including software and hardware, necessary for its functioning, provides its functioning, and also corresponds to the requirements established according to Items 1 and 3 of part 2 of article 24.1 of this Federal Law and is included in the list of operators of specialized electronic platforms approved by the Government of the Russian Federation.

2. The concept "bank guarantee" is used in the value specified in the Civil code of the Russian Federation.

Article 4. Information support of contractual system in the sphere of purchases

1. For the purpose of information support of contractual system in the sphere of purchases the unified information system which interaction with other information systems according to part 2 of this Article provides is created and conducted:

1) forming, processing, storage and provision of data (including automated) to participants of contractual system in the sphere of purchases within the relations specified regarding 1 article 1 of this Federal Law;

2) control of compliance of information on identification codes of purchases and not excess of amount of financial provision for implementation of these purchases containing in scheduled plans of purchases (further also - scheduled plans), notices on implementation of purchases, protocols of determination of suppliers (contractors, contractors), conditions of the drafts contract (sent according to this Federal Law with use of unified information system to participants of purchases with whom contracts are signed);

3) use of the strengthened qualified digital signature (further - the strengthened digital signature) for signing of the electronic documents provided by this Federal Law;

4) ceased to be valid according to the Federal Law of the Russian Federation of 31.12.2017 No. 504-FZ

2. The procedure for functioning of unified information system, the requirement to technological and linguistic means of unified information system, including the requirement to ensuring automation of processes of collection, information processing in unified information system, procedure for information exchange of unified information system with other information systems, including in the sphere of management of the public and municipal finances, are established by the Government of the Russian Federation.

3. The unified information system contains:

1) ceased to be valid according to the Federal Law of the Russian Federation of 01.05.2019 No. 71-FZ

2) scheduled plans;

3) information on implementation of scheduled plans;

4) information on conditions, on prohibitions and on restrictions of the admission of the goods coming from foreign state or group of foreign states, works, services according to carried out, rendered by foreign persons, the list of foreign states, groups of foreign states with which the Russian Federation signs the international contracts on mutual application of national treatment when implementing purchases, and also conditions of application of such national treatment;

5) information on purchases provided by this Federal Law on execution of contracts;

6) the register of the contracts signed by customers;

6. 1) unified register of participants of purchases;

7) register of unfair suppliers (contractors, contractors);

8) library of standard contracts, standard conditions of contracts;

9) register of bank guarantees;

10) the register of claims, scheduled and unscheduled inspections, their results and the issued instructions;

10. 1) the register of the single suppliers of goods which production is created or modernized and accustoms in the territory of the Russian Federation;

11) the list of the international financial institutions created according to international treaties which participant is the Russian Federation, and also international financial institutions with which the Russian Federation signed the international contracts;

12) results of monitoring of purchases, audit in the sphere of purchases, and also control in the sphere of purchases;

13) the reports of customers provided by this Federal Law;

14) the catalog of goods, works, services for ensuring the state and municipal needs;

15) the regulatory legal acts governing the relations specified regarding 1 article 1 of this Federal Law;

16) information on the prices of goods, works, the services which are purchased for ensuring the state and municipal needs developing in the goods markets and also on the requests for quotations of goods, works, services placed by customers according to part 5 of article 22 of this Federal Law;

17) others information and documents which placement is provided in unified information system by this Federal Law, the Federal Law of July 18, 2011 No. 223-FZ "About purchases of goods, works, services as separate types of legal entities" and other regulatory legal acts accepted according to them.

4. Information containing in unified information system is public and is provided gratuitously. The data which are the state secret in unified information system are not placed.

5. Information containing in unified information system is posted on the official site, except as specified, provided by this Federal Law.

6. The government of the Russian Federation determines one or several federal executive bodies performing functions on development of functional requirements to unified information system, on creation, development, maintaining and servicing of unified information system, on establishment of order of registration of participants of contractual system in the sphere of purchases (except for participants of purchases) in unified information system and procedure for use of unified information system.

7. Subjects of the Russian Federation and municipalities have the right to create the regional and municipal information systems in the sphere of purchases integrated with unified information system.

8. Single requirements to regional and municipal information systems in the sphere of purchases are established by the Government of the Russian Federation.

9. The procedure for functioning and use of regional and municipal information systems in the sphere of purchases is established by acts according to the supreme executive bodies of the government of subjects of the Russian Federation, local administrations.

10. Integration of the information systems specified in part 7 of this Article with unified information system is reached by means of:

1) the information exchange of the specified systems with unified information system providing the guaranteed transfer to unified information system and placement in it the electronic documents and information provided by this Federal Law. If forming of such electronic documents and information is performed in regional and municipal information systems in the sphere of purchases, calculation of the terms of placement of such electronic documents provided by this Federal Law and information in unified information system begins with the moment of fixing of time of receipt of such electronic documents and information in unified information system;

2) uses of the databases of unified information system specified by information systems;

3) establishments of single production and linguistic requirements to information which processing is performed in the specified systems;

4) placements of information on purchases on the official site.

11. Creation of information systems in the sphere of the purchases which are not integrated with unified information system is not allowed, except for the case provided by part 24 of article 112 of this Federal Law.

12. If information provided by Items 1 - 15 parts 3 of this Article and placed in unified information system, does not correspond to information placed in other information systems in the sphere of purchases, information placed in unified information system has priority.

13. For the purpose of monitoring and fixing of actions, failure to act of participants of contractual system in the sphere of purchases in unified information system, on electronic platform the state information system which shall provide is created including:

1) monitoring of availability (working capacity) of unified information system, electronic platform and storage of information on such availability (working capacity);

2) fixing, including video fixing, in real time actions, failure to act of participants of contractual system in the sphere of purchases in unified information system, on electronic platform;

3) storage of information on actions, failure to act of participants of contractual system in the sphere of purchases in unified information system, on electronic platform, including information on the electronic documents created by participants of contractual system in the sphere of the purchases and signed by the strengthened digital signature if other is not provided by this Federal Law.

14. The government of the Russian Federation for the purpose of operation of this Article of the state information system specified in part 13:

1) the federal executive body authorized on ensuring its operation and development, and also on provision of information containing in it is determined;

2) the procedure for monitoring of availability (working capacity) for unified information system, electronic platform is established;

3) the procedure for fixing, including video fixing, in real time actions, failure to act of participants of contractual system in the sphere of purchases in unified information system, on electronic platform is established;

4) requirements to its operation, procedure for forming, storage and use of information containing in it are established, including:

a) requirements to the technological and linguistic means providing collection, processing, storage and use of information containing in the specified system;

b) requirements to information technologically interaction of the specified system with unified information system, electronic platform;

c) requirements to procedure and storage durations, and also procedure for provision to the specified system of information containing in;

d) the rights and obligations of persons who are receivers to the specified system of information containing in;

e) order of interaction of software and hardware of participants of contractual system in the sphere of purchases with the specified system;

e) requirements to ensuring confidentiality of information containing in the specified system.

Article 5. The organization of electronic document management in contractual system in the sphere of purchases

1. Within the relations specified regarding 1 article 1 of this Federal Law exchange of electronic documents, stipulated by the legislation the Russian Federation and other regulatory legal acts about contractual system in the sphere of purchases, between participants of contractual system in the sphere of purchases, including submission of applications for participation in determination of suppliers (contractors, contractors), final offers is allowed. The specified requests, final offers and electronic documents directed in case of determination of suppliers (contractors, contractors) shall be signed by the strengthened digital signature and are submitted with use of electronic platform, specialized electronic platform. In cases, stipulated by the legislation the Russian Federation and other regulatory legal acts about contractual system in the sphere of purchases, exchange of electronic documents is performed with use of unified information system.

2. Qualified certificates of keys of verification of digital signatures, held for use participants of contractual system in the sphere of purchases (except for the participants of purchases who are foreign persons) for the purpose of this Federal Law, are created and issued by the certification centers which obtained accreditation for compliance to requirements of the Federal Law of April 6, 2011 to No. 63-FZ "About the digital signature".

3. The government of the Russian Federation determines procedure for establishment of requirements to forming and placement in unified information system, on the electronic platform, specialized electronic platform of information and documents provided by this Federal Law.

Article 6. The principles of contractual system in the sphere of purchases

The contractual system in the sphere of purchases is based on the principles of openness, transparency of information on contractual system in the sphere of purchases, ensuring the competition, professionalism of customers, stimulations of innovations, unities of contractual system in the sphere of purchases, responsibility for effectiveness of ensuring the state and municipal needs, efficiency of implementation of purchases.

Article 7. Principles of openness and transparency

1. In the Russian Federation the free and non-paid information access about contractual system in the sphere of purchases is provided.

2. The openness and transparency of information specified regarding 1 this Article are provided, in particular, by its placement in unified information system.

3. The information provided by this Federal Law and placed in unified information system shall be complete and reliable.

Article 8. Principle of ensuring competition

1. The contractual system in the sphere of purchases is directed to creation of equal conditions for ensuring the competition between participants of purchases. Any interested person has opportunity in accordance with the legislation of the Russian Federation and other regulatory legal acts about contractual system in the sphere of purchases to become the supplier (the contractor, the contractor).

2. The competition when implementing purchases shall be based on respect for the principle fair price and non-price competition between participants of purchases for the purpose of identification of the best conditions of deliveries of goods, performance of works, rendering services. Making by the customers specialized by the organizations is forbidden, their officials, the commissions on implementation of purchases, members of such commissions, participants of purchases, operators of electronic platforms, operators of specialized electronic platforms of any actions which contradict requirements of this Federal Law including lead to competition restriction, in particular to unreasonable restriction of number of participants of purchases.

Article 9. Principle of professionalism of the customer

1. The contractual system in the sphere of purchases provides implementation of activities of the customer, the specialized organization and regulatory authority in the sphere of purchases on professional basis with involvement of the qualified specialists having theoretical knowledge and skills in the sphere of purchases.

2. Customers, the specialized organizations take measures for maintenance and increase in skill level and professional education of the officials occupied in the sphere of purchases including by advanced training or occupational retraining in the sphere of purchases in accordance with the legislation of the Russian Federation.

Article 10. Principle of stimulation of innovations

Customers when planning and implementing purchases shall proceed from priority of ensuring the state and municipal needs by purchases of innovative and high-technology products.

Article 11. The principle of unity of contractual system in the sphere of purchases

The contractual system in the sphere of purchases is based on the single principles and approaches provided by this Federal Law and allowing to provide the state and municipal needs by means of planning and implementation of purchases, their monitoring, audit in the sphere of purchases, and also control in the sphere of purchases.

Article 12. Principle of responsibility for effectiveness of ensuring the state and municipal needs, efficiency of implementation of purchases

1. State bodies, governing bodies of state non-budgetary funds, municipal authorities, state organizations, other legal entities in the cases established by this Federal Law when planning and implementing purchases shall proceed from need of achievement of the set results of ensuring the state and municipal needs.

2. Officials of customers bear the personal responsibility for observance of the requirements established by the legislation of the Russian Federation on contractual system in the sphere of purchases and the regulatory legal acts specified in parts 2 and 3 of article 2 of this Federal Law.

Article 13.

Voided according to the Federal Law of the Russian Federation of 27.06.2019 No. 152-FZ

Article 14. Application of national treatment when implementing purchases

1. When implementing by customers of purchases to the goods coming from foreign state or group of foreign states, to works, services according to carried out, rendered by foreign persons, the national treatment on equal terms with the goods of the Russian origin, works, services which respectively are carried out, rendered by Russian persons in cases and on conditions which are provided by international treaties of the Russian Federation is applied.

2. The federal executive body on regulation of contractual system in the sphere of purchases places the list of foreign states with which the Russian Federation signs the international contracts specified regarding 1 this Article, and condition of application of national treatment in unified information system.

3. For the purpose of protection of bases of the constitutional system, ensuring defense of the country and safety of the state, protection of the domestic market of the Russian Federation, development of national economy, support of the Russian producers by regulatory legal acts of the Government of the Russian Federation are established prohibition on the admission of the goods coming from foreign states, works, services according to carried out, rendered by foreign persons, and restrictions of the admission of the specified goods, works, services, including the minimum obligatory share of purchases of the Russian goods, including goods delivered in case of accomplishment of the purchased works, rendering the purchased services (further - the minimum share of purchases), and the list of such goods, for the purposes of implementation of purchases. If the specified regulatory legal acts of the Government of the Russian Federation provide the circumstances allowing exceptions from established according to this part of prohibition or restrictions, customers in the presence of the specified circumstances place reasons for impossibility of observance of the specified prohibitions or restrictions in unified information system if such acts do not establish other. In such regulatory legal acts the procedure for preparation of reasons for impossibility of observance of the specified prohibitions or restrictions, and also requirements to its content is established. Determination of country of source of the specified goods is performed in accordance with the legislation of the Russian Federation.

4. The federal executive body on regulation of contractual system in the sphere of purchases at the request of the Government of the Russian Federation establishes admission conditions for the purposes of implementation of purchases of the goods coming from foreign state or group of foreign states, works, services according to the goods which are carried out, rendered by foreign persons, except for, works, services concerning which the Government of the Russian Federation establishes prohibition according to part 3 of this Article.

5. The regulatory legal acts establishing according to parts 3 and 4 of this Article prohibition on the admission of the goods coming from foreign state or group of foreign states, works, services according to carried out, rendered by foreign persons, conditions, restrictions of the admission of the specified goods, works, services, are subject to obligatory publication according to the procedure, established for official publication of regulatory legal acts of the Government of the Russian Federation or regulatory legal acts of federal executive bodies, and within three working days from the date of publication are subject to placement in unified information system.

6. By the regulatory legal acts provided by parts 3 and 4 of this Article and setting restrictions of condition of the admission of the goods coming from foreign states, works, services according to carried out, rendered by foreign persons, for the purposes of implementation of purchases cases in case of which the customer in case of execution of the contract has no right to allow replacement of goods or the country (countries) of goods origin according to part 7 of article 95 of this Federal Law can be determined.

7. Provisions of this Article are not applied in case:

1) implementation of purchases of goods, works, services for the purpose of providing bodies of foreign intelligence of the Russian Federation with means of intelligence activities;

2) implementation of purchases of goods, works, services for the purpose of providing bodies of the Federal Security Service with means of counterintelligence activities and fight against terrorism;

3) implementation of purchases of goods, works, services of the state protection by bodies for the purpose of implementation of measures for implementation of the state protection.

Article 15. Features of the procurements conducted budget, autonomous by organizations, state, municipal the unitary enterprises and other legal entities

1. Budgetary institutions conduct procurement through the subsidies provided from budgets of the budget system of the Russian Federation, and other means according to requirements of this Federal Law, except as specified, provided by parts 2 and 3 of this Article.

2. In the presence of the legal act adopted by budgetary institution according to part 3 of article 2 of the Federal Law of July 18, 2011 No. 223-FZ "About purchases of goods, works, services as separate types of legal entities" and the year placed before in unified information system, this organization has the right to perform in the corresponding year with observance of requirements of the specified Federal Law and the legal act of purchase:

1) at the expense of the means received as gift, including donation (charitable gift), according to the will, the grants donated and irretrievable citizens and legal entities, including foreign citizens and foreign legal entities, and also the international organizations which acquired the right to provision of grants in the territory of the Russian Federation according to the procedure, established by the legislation of the Russian Federation, subsidies (grants) provided on competitive basis from the relevant budgets of the budget system of the Russian Federation if the conditions determined by grantors do not establish other;

2) as the contractor under the contract in case of attraction based on the agreement in course of execution of this contract of other persons for delivery of the goods, performance of work or rendering service necessary for execution of the obligations of this organization provided by the contract;

3) at the expense of the means received when implementing of other revenue-producing activities by it from physical persons, legal entities including within the core activities provided by its constituent document (except for the means received on rendering and payment of medical care on compulsory medical insurance).

2.1. State, municipal unitary enterprises conduct procurement according to requirements of this Federal Law, except for:

1) purchases of the federal state unitary enterprises having essential value for providing the rights and legitimate interests of citizens of the Russian Federation, defense capability and safety of the state which list affirms the Government of the Russian Federation in coordination with Administration of the President of the Russian Federation, the subsidies performed without use provided from the federal budget on implementation in the territory of the Russian Federation of capital investments in capital construction projects of state-owned property of the Russian Federation and (or) on acquisition in the territory of the Russian Federation of real estate units in state-owned property of the Russian Federation;

2) the procurements conducted according to the legal act provided by part 3 of article 2 of the Federal Law of July 18, 2011 No. 223-FZ "About purchases of goods, works, services as separate types of legal entities", accepted state, municipal the unitary enterprises and placed prior to the beginning of year in unified information system:

a) at the expense of the means received as gift, including donation, according to the will, the grants donated and irretrievable citizens and legal entities, including foreign citizens and foreign legal entities, and also the international organizations which acquired the right to provision of grants in the territory of the Russian Federation according to the procedure, established by the legislation of the Russian Federation, subsidies (grants) provided on competitive basis from the relevant budgets of the budget system of the Russian Federation if the conditions determined by grantors do not establish other;

b) as the contractor under the contract in case of attraction based on the agreement in course of execution of this contract of other persons for delivery of the goods, performance of work or rendering service necessary for execution of the obligations of this company provided by the contract, except as specified execution by the company of the contract signed according to Item 2 of part 1 of article 93 of this Federal Law;

c) without attraction of financial resources of the relevant budgets of the budget system of the Russian Federation.

3. The decision on implementation accepted by budgetary institution or state, municipal the unitary enterprises specified respectively in Items 1 - 3 parts 2 and subitems "an" - "in" Item 2 of part 2.1 of this Article of purchases according to the procedure, established by this Federal Law, or according to the Federal Law of July 18, 2011 "About purchases of goods, works, services as separate types of legal entities" cannot be changed No. 223-FZ in the current year if other is not established by this Federal Law.

4. By provision according to the Budget code of the Russian Federation and other regulatory legal acts regulating the budget legal relationship of means from budgets of the budget system of the Russian Federation to autonomous organizations the provisions of this Federal Law governing the relations specified in Items 1 - 3 parts 1 of article 1 of this Federal Law extend to implementation of capital investments in objects of the state-owned, municipal property on such legal entities when planning and implementing of purchases by them at the expense of the specified means. At the same time the provisions of this Federal Law regulating monitoring of purchases, audit in the sphere of purchases and control in the sphere of purchases are applied to such legal entities when implementing these purchases.

4.1. By provision according to the budget legislation of the Russian Federation to legal entities of subsidies, stipulated in Item the 8th Article 78 and the subitem 3 of Item 1 of Article 78.3 of the Budget code of the Russian Federation, on legal entities to whom the specified subsidies are provided when implementing of purchases by them at the expense of the specified subsidies the provisions of this Federal Law governing the relations specified in Items 2 and 3 of part 1 of article 1 of this Federal Law extend. At the same time to such legal entities when implementing of these purchases by them apply the provisions of this Federal Law regulating monitoring of purchases, audit in the sphere of purchases and also the control in the sphere of purchases provided by part 3 of article 99 of this Federal Law.

4.2. The public company "The Single Customer in the Sphere of Construction" conducts procurement for the purpose of accomplishment of engineering researches, architectural and construction designing, construction, reconstruction, capital repairs, demolition of capital construction projects according to the program of activities of the specified public company the current year and planning period through means of the federal budget according to requirements of this Federal Law.

5. By provision according to the budget legislation of the Russian Federation to the legal entity of the funds specified in the paragraph the second Item 1 of Article 80 of the Budget code of the Russian Federation for the legal entity to whom the specified means are provided when implementing of purchases by it at the expense of the specified means the provisions of this Federal Law regulating activities of the customer in cases and in limits which are determined according to the budget legislation of the Russian Federation within contribution agreements of the Russian Federation, the subject of the Russian Federation or the municipality in property of the subject of investments extend. At the same time to such legal entity when implementing of these purchases by it applies the provisions of this Federal Law regulating monitoring of purchases, audit in the sphere of purchases, control in the sphere of purchases by the control facilities specified in Item 1 of part 1 of article 99 of this Federal Law in case of determination of the supplier (the contractor, the contractor).

6. If according to the Budget code of the Russian Federation state bodies, governing bodies of state non-budgetary funds, the local government bodies, State Atomic Energy Corporation "Rosatom" or the State corporation on space activities Roskosmos which are the state or municipal customers when implementing budget investments and (or) on acquisition of real estate units in the state-owned, municipal property transmitted to capital construction projects of the state-owned, municipal property on a grant basis based on agreements the powers of the state or municipal customer to budgetary institutions, autonomous organizations, state, to municipal unitary enterprises or other legal entities, such organizations, the unitary enterprises or legal entities within delegated powers perform on behalf of the specified bodies or the state corporations of purchase of goods, works, services according to provisions of this Federal Law which regulate activities of the state and municipal customers.

7. If the legislation of the Russian Federation for the purpose of the conclusion of the civil agreement (contract) within the relations which are not specified regarding 1 article 1 of this Federal Law provides obligation of carrying out tenders and auctions or use of different ways of determination of the supplier (the contractor, the contractor) according to this Federal Law, in case of their carrying out provisions of Articles 14, of 23, 28 - 30, 34, the 35th this Federal Law are not applied if other is not stipulated by the legislation the Russian Federation.

Chapter 2. Planning

Article 16. Procurement planning

1. Procurement planning is performed by means of forming, approval and maintaining scheduled plans. The purchases which are not provided by scheduled plans cannot be performed.

2. Join in scheduled plans:

1) the identification codes of purchases determined according to article 23 of this Federal Law;

2) name of object and (or) name of subjects to purchases;

3) amount of financial provision for implementation of purchases;

4) terms (frequency) of implementation of the planned purchases;

5) information on obligatory public discussion of purchases of goods, work or service according to article 20 of this Federal Law;

6) other information determined by procedure, stipulated in Item 2 parts 3 of this Article.

3. Are established by the government of the Russian Federation:

1) requirements to form of scheduled plans;

2) procedure for forming, approval of scheduled plans, modification of such scheduled plans;

3) procedure for placement of scheduled plans in unified information system.

4. The government of the Russian Federation has the right to establish features of inclusion in the schedule of information on centralized purchases, joint tenders and auctions, purchases when which implementing the closed methods of determination of suppliers (contractors, contractors), and also about separate purchases, stipulated in Item 7 parts 2 Articles 83, are applied by Item 3 of part 2 of Article 83. 1, part 1 of Article 93 and article 111 of this Federal Law.

5. Scheduled plans are created for the term corresponding to effective period of the Federal Law on the federal budget for the next financial year and planning period, the Federal Laws on budgets of state non-budgetary funds of the Russian Federation for the next financial year and planning period, the law of the subject of the Russian Federation on the budget of the subject of the Russian Federation, the laws of the subject of the Russian Federation on budgets of territorial state non-budgetary funds, the municipal legal act of representative body of the municipality on the local budget. Scheduled plans join taking into account provisions of the budget legislation of the Russian Federation information on purchases which implementation is planned after planning period. In this case information specified in part 2 of this Article is entered in scheduled plans of purchases for all term of the planned purchases.

6. The schedule is created by the state or municipal customer according to requirements of this Article in the course of creation and consideration of budget statements of the budget system of the Russian Federation taking into account provisions of the budget legislation of the Russian Federation and affirms within ten working days after bringing to the state or municipal customer of amount of the rights in terms of money to acceptance and (or) obligation fulfillment according to the budget legislation of the Russian Federation.

7. The schedule is created state, municipal by organizations, state, municipal the unitary enterprises according to requirements of this Article when planning financial and economic activities of the state, municipal organizations, state, municipal unitary enterprises and affirms within ten working days after approval according to the plan of financial and economic activities of the state, municipal organizations, the plan (program) of financial and economic activities of the state, municipal unitary enterprises.

8. Scheduled plans are subject to change if necessary:

1) their reductions in compliance in connection with change of the requirements to the goods which are purchased by customers, works, services established according to article 19 of this Federal Law (including marginal price of goods, works, services) and (or) standard costs on ensuring functions of state bodies, governing bodies of state non-budgetary funds, municipal authorities;

2) their reductions in compliance in connection with change of the amount of the rights brought to the customer in terms of money on acceptance and (or) obligation fulfillment according to the budget legislation of the Russian Federation, change of indicators of plans (programs) of financial and economic activities of the public, local government offices, state, municipal unitary enterprises, change of relevant decisions and (or) agreements on provision of subsidies;

3) implementation of the decision made by the customer following the results of obligatory public discussion of purchase according to article 20 of this Federal Law;

4) uses in accordance with the legislation of the Russian Federation the economy received when implementing purchase;

5) in other cases established by procedure, stipulated in Item 2 parts 3 of this Article.

9. Introduction according to part 8 of this Article of changes into the schedule can be performed not later than one day about day of placement in unified information system of the notice on implementation of the corresponding purchase or the direction of the invitation to take part in determination of the supplier (the contractor, the contractor) by the closed method or in case of the conclusion of the contract with the single supplier (the contractor, the contractor) according to part 1 of article 93 of this Federal Law - not later than one day about day of the conclusion of the contract.

10. Are not allowed placement in unified information system of notices on implementation of purchase, documentation on purchase implementation, the direction of invitations to take part in determination of the supplier (the contractor, the contractor) by the closed method if such notices, documentation, invitations contain information which is not corresponding to information specified in scheduled plans.

11. Features of procurement planning within the state defensive order are established by the Federal Law of December 29, 2012 No. 275-FZ "About the state defensive order".

Article 17.

Voided according to the Federal Law of the Russian Federation of 01.05.2019 No. 71-FZ

Article 18. Reasons for purchases

1. For the purpose of this Federal Law the procurement conducted according to provisions of articles 19 and 22 of this Federal Law is recognized reasonable.

2. Voided according to the Federal Law of the Russian Federation of 01.05.2019 No. 71-FZ

3. Voided according to the Federal Law of the Russian Federation of 01.05.2019 No. 71-FZ

4. Assessment of justification of implementation of purchases is carried out during audit in the sphere of purchases and control in the sphere of purchases according to this Federal Law.

5. By results of audit in the sphere of purchases and control in the sphere of purchases particular procurement can be recognized as unreasonable.

6. In case of recognition of the planned purchase unreasonable the control facilities specified in Item 3 of part 1 of article 99 of this Federal Law issue instructions about elimination of the revealed violations of the law of the Russian Federation and other regulatory legal acts about contractual system in the sphere of purchases and bring to the administrative responsibility persons guilty of violations of requirements of this Federal Law, according to the procedure, established by the Russian Federation Code of Administrative Offences.

7. Voided according to the Federal Law of the Russian Federation of 01.05.2019 No. 71-FZ

Article 19. Regulation in the sphere of purchases

1. Regulation in the sphere of purchases is understood as establishment of requirements to the goods which are purchased by the customer, works, services (including marginal price of goods, works, services) and (or) standard costs on ensuring functions of state bodies, governing bodies of state non-budgetary funds, municipal authorities (including respectively territorial authorities and subordinated state organizations, except for state organizations to which the state (municipal) task for rendering the state (municipal) services, performance of works is in accordance with the established procedure created).

2. For the purposes of this Article requirements to the goods which are purchased by the customer, works, services are understood as requirements to quantity, consumer properties (including to characteristics of quality) and to other characteristics of goods, works, services, the state and municipal needs allowing to provide but not leading to purchases of goods, works, services which have excessive consumer properties or are luxury goods in accordance with the legislation of the Russian Federation.

3. The government of the Russian Federation establishes general rules of regulation in the sphere of purchases for ensuring the state and municipal needs, including:

1) general requirements to procedure for development and adoption of legal acts about regulation in the sphere of purchases, to contents of the specified acts and ensuring their execution;

2) general rules of determination of requirements to the separate types of goods, works, services which are purchased by customers (including marginal prices of goods, works, services) and standard costs on ensuring functions of state bodies, governing bodies of state non-budgetary funds, municipal authorities (including respectively territorial authorities and subordinated state organizations).

4. The government of the Russian Federation, the supreme executive bodies of the government of subjects of the Russian Federation, local administrations according to the general rules of regulation provided by part 3 of this Article establish rules of regulation in the sphere of purchases of goods, works, services for providing according to federal needs, needs of subjects of the Russian Federation and municipal needs (further - rules of regulation), including:

1) requirements to procedure for development and adoption of legal acts about regulation in the sphere of purchases, to contents of the specified acts and ensuring their execution;

2) rules of determination of requirements to purchased by state bodies, governing bodies of state non-budgetary funds, municipal authorities, according to their territorial authorities and state organizations, budgetary institutions subordinated to the specified bodies and state, municipal unitary enterprises to separate types of goods, works, services (including marginal prices of goods, works, services) and standard costs on ensuring functions of state bodies, governing bodies of state non-budgetary funds, municipal authorities (including respectively territorial authorities and subordinated state organizations).

4.1. The general rules of regulation established by the Government of the Russian Federation provided by part 3 of this Article and the rules of regulation provided by part 4 of this Article extend to State Atomic Energy Corporation "Rosatom", the State corporation on space activities Roskosmos, to the most significant organizations of science, education, culture and health care determined according to the Budget code of the Russian Federation.

5. State bodies, governing bodies of state non-budgetary funds, the municipal authorities determined according to the Budget code of the Russian Federation the most significant organizations of science, education, culture and health care based on the rules of regulation established according to part 4 of this Article approve requirements to the separate types of goods, works, services which are purchased by them, their territorial authorities (divisions) and state organizations, budgetary institutions subordinated to them and state, municipal unitary enterprises (including marginal prices of goods, works, services) and (or) standard costs on ensuring functions of the specified bodies and state organizations subordinated to them.

6. Rules of regulation, the requirement to separate types of goods, works, services (including marginal prices of goods, works, services) and (or) standard costs on ensuring functions of state bodies, governing bodies of state non-budgetary funds, municipal authorities (including respectively territorial authorities and subordinated state organizations) are subject to placement in unified information system.

7. The State Atomic Energy Corporation "Rosatom", the State corporation on space activities approve Roskosmos according to the rules of regulation provided by part 4 of this Article, requirement to the separate types of goods, works, services which are purchased by them and the organizations subordinated to them (including marginal prices of goods, works, services) and (or) standard costs on ensuring their functions.

Article 20. Obligatory public discussion of purchases

1. The government of the Russian Federation establishes cases of carrying out obligatory public discussion of purchases and its procedure. Such discussion begins with date of placement in unified information system of the scheduled plans containing information on purchases, which are subject to obligatory public discussion and comes to an end no later than the term before which expiration determination of the supplier (the contractor, the contractor) can be cancelled by the customer according to article 36 of this Federal Law.

2. By the legislation of subjects of the Russian Federation, municipal regulatory legal acts in addition to the cases established by the Government of the Russian Federation according to part of 1 this Article other cases of carrying out obligatory public discussion of purchases for ensuring needs according to subjects of the Russian Federation and municipal needs, and also procedure for obligatory public discussion of purchases in such cases can be established.

3. By results of obligatory public discussion of purchases according to parts 1 and 2 of this Article changes can be made to scheduled plans, documentation on purchases or purchases can be cancelled.

4. The purchases which are subject to obligatory public discussion according to parts 1 and 2 of this Article cannot be performed without carrying out such discussion.

Article 21.

Voided according to the Federal Law of the Russian Federation of 01.05.2019 No. 71-FZ

Article 22. The starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor), the initial amount of the prices of commodity units, works, services

1. The starting (maximum) price of the contract and the price of the contract signed with the single supplier (the contractor, the contractor) are determined and proved by the customer by means of application of the following method or several following methods in the cases provided by this Federal Law:

1) method of comparable market prices (market research);

2) regulatory method;

3) tariff method;

4) project and estimate method;

5) costly method.

2. The method of comparable market prices (market research) consists in establishment of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor) based on information on market prices of identical goods, works, the services planned to purchases or in case of their lack of uniform goods, works, services.

3. In case of application of method of comparable market prices (market research) price information of goods, works, services shall be received taking into account comparable to conditions of the planned purchase of commercial and (or) financial conditions of deliveries of goods, performance of works, rendering services.

4. In case of application of method of comparable market prices (market research) the customer can use the coefficients or indexes proved by it for price conversion of goods, works, services taking into account distinctions in characteristics of goods, commercial and (or) financial conditions of deliveries of goods, performance of works, rendering services.

5. For the purpose of application of method of comparable market prices (market research) can be used public information on market prices of goods, works, services according to part 18 of this Article, the price information of goods, works, services received at the request of the customer at suppliers (contractors, contractors) performing deliveries of identical goods, works, services planned to purchases or in case of their lack of uniform goods, works, services and also information obtained as a result of placement of requests for quotations of goods, works, services in unified information system.

6. The method of comparable market prices (market research) is priority for determination and reasons for the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor). Use of other methods is allowed in the cases provided by parts 7 - the 11th this Article.

7. The regulatory method consists in calculation of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor) on the basis of the requirements to the purchased goods, works, services established according to article 19 of this Federal Law if such requirements provide marginal establishment of prices of goods, works, services.

8. The tariff method is applied by the customer if in accordance with the legislation of the Russian Federation the prices of the purchased goods, works, services for ensuring the state and municipal needs are subject to state regulation or are established by municipal legal acts. In this case the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor) are determined by regulated prices (rates) for goods, works, services.

9. The project and estimate method consists in determination of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor) on:

1) construction, reconstruction, capital repairs, asset demolition of capital construction based on the project documentation according to techniques and standard rates (the state element estimate norms) of construction works and special construction works approved according to competence the federal executive body performing functions on development of state policy and normative legal regulation in the sphere of construction or executive body of the subject of the Russian Federation;

2) work on preserving objects of cultural heritage (historical and cultural monuments) the people of the Russian Federation, except for scientific and methodical management, technical and designer's service, based on approved according to the procedure, established by the legislation of the Russian Federation, the project documentation on work on preserving objects of cultural heritage and according to the restoration regulations and rules approved by the federal executive body authorized by the Government of the Russian Federation in the field of the state protection of objects of cultural heritage.

9.1. The project and estimate method can be applied in case of determination and reasons for the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor) for running repair of buildings, structures, constructions, rooms.

9.2. Determination of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor) which subject are the construction, reconstruction, capital repairs, demolition of capital construction projects, performance of works on preserving objects of cultural heritage with use of project and estimate method is performed according to the procedure, established by this Federal Law, proceeding from the estimated cost of construction, reconstruction, capital repairs of capital construction projects determined according to article 8.3 of the Town-planning code of the Russian Federation.

10. The costly method is applied in case of impossibility of application of other methods provided by Items 1 - 4 parts of 1 this Article, or in addition to other methods. This method consists in determination of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor) as the amounts of the made costs and profit, regular for certain field of activity. At the same time regular direct and indirect costs in similar cases on production or acquisition and (or) sales of goods, works, services, transport costs, storage, insurance and other costs are considered.

11. Information on regular profit for certain field of activity can be obtained by the customer proceeding from the analysis of the contracts placed in unified information system, other public sources of information, including information of the information and price agencies, public results of market research, and also results of the market research which is carried out at the initiative of the customer.

12. In case of impossibility of application for determination of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor), the methods specified regarding 1 this Article, the customer has the right to apply other methods. In this case in reasons for the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor), the customer shall include reasons for impossibility of application of the specified methods.

13. Identical goods, works, services goods, works, services, the main signs, having identical characteristic of them, are recognized. In case of determination of identity of goods insignificant distinctions in appearance of such goods can not be considered. In case of determination of identity of works, services characteristics of the contractor, the contractor, their goodwill in the market are considered.

14. Uniform goods goods which, without being identical, have similar characteristics are recognized and consist of similar components that allows them to perform the same functions and (or) to be commercially interchangeable. In case of determination of uniformity of goods their quality, reputation in the market, country of source are considered.

15. Uniform works, services works, services which, without being identical, have similar characteristics that allows them to be commercially and (or) functionally interchangeable are recognized. In case of determination of uniformity of works, services their quality, reputation in the market, and also work type, services, their amount, uniqueness and commercial interchangeability are considered.

16. Commercial and (or) financial conditions of deliveries of goods, performance of works, rendering services are recognized comparable if distinctions between such conditions have no significant effect on the corresponding results or these distinctions can be considered using the corresponding adjustments of such conditions.

17. Determination of identity and uniformity of goods, works, services for ensuring the state and municipal needs, comparabilities of commercial and (or) financial conditions of deliveries of goods, performance of works, rendering services is performed according to the methodical recommendations provided by part 20 of this Article.

18. For ensuring the state and municipal needs which can be used for the purposes of determination of the starting (maximum) price of the contract the prices of the contract signed with the single supplier (the contractor, the contractor) belong to public price information of goods, works, services:

1) the price information of goods, works, services containing in contracts which are performed and on which penalties (penalties, penalty fee) in connection with non-execution or improper execution of the obligations provided by these contracts were not collected;

2) the price information of goods, works, services containing in advertizing, catalogs, descriptions of goods and in other offers turned to the uncertain group of people and recognized according to the civil legislation public offers;

3) information on quotations at the Russian exchanges and the foreign exchanges;

4) information on quotations on electronic platforms;

5) data of the state statistical reporting on the prices of goods, works, services;

6) the price information of goods, works, services containing in official sources of information of authorized state bodies and municipal authorities in accordance with the legislation of the Russian Federation, the legislation of subjects of the Russian Federation, municipal regulatory legal acts in official sources of information of foreign states, the international organizations or other public editions;

7) information on market value of objects of assessment determined according to the legislation regulating estimative activities in the Russian Federation or the legislation of foreign states;

8) information of the information and price agencies, public results of market research, and also results of the market research which is carried out at the initiative of the customer including based on the contract, on condition of disclosure of methodology of calculation of the prices, other sources of information.

19. The government of the Russian Federation has the right to establish for separate types, groups of goods, works, services for ensuring the state and municipal needs the exhaustive list of sources of information which can be used for the purposes of determination of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor).

20. Methodical recommendations about application of methods of determination of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor), starting price of commodity unit, work, service are established by federal executive body on regulation of contractual system in the sphere of purchases.

20.1. By the supreme executive body of the government of the subject of the Russian Federation in addition to the methodical recommendations provided by part 20 of this Article methodical recommendations about application of methods of determination of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor), starting price of commodity unit, work, service for ensuring needs of subjects of the Russian Federation including the providing recommendations about reasons and application of other methods of determination of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor) according to part 12 of this Article can be established.

21. Features of determination of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor), starting price of commodity unit, work, service when implementing of the purchases of goods, works, services included in structure of the state defensive order for ensuring federal needs are established according to the Federal Law of December 29, 2012 No. 275-FZ "About the state defensive order".

21.1. Features of determination of the price of the contract signed with the single supplier, the contractor, the contractor in case of acquisition of premises which correspond to the reference conditions to standard housing established by authorized federal executive body and are constructed on the parcels of land transferred by single institute of development in the housing sphere in free use or lease for construction of standard housing for complex development of the territory within which it is provided including construction of standard housing, or for construction in minimum required amount of standard housing, for complex development of the territory within which are provided including construction in minimum required amount of standard housing and other housing construction, according to the Federal Law of July 24, 2008 No. 161-FZ "About assistance to development of housing construction", are established by the specified Federal Law.

21.2. Features of determination of the starting (maximum) price of the contract, the price of the contract signed with the single contractor on performance of works, the regular transportations of passengers and baggage by road transport and urban land electric transportation connected with implementation, are established by the Federal Law governing the relations on the organization of regular transportations of passengers and baggage by road transport and urban land electric transportation.

22. The government of the Russian Federation has the right to determine fields of activity in which when implementing purchases the procedure for determination of the starting (maximum) price of the contract, the prices of the contract signed with the single supplier (the contractor, the contractor), starting price of commodity unit, work, service and federal executive bodies, State Atomic Energy Corporation "Rosatom", the State corporation on space activities Roskosmos is established authorized to establish such procedure taking into account provisions of this Federal Law.

23. In information and documents which are subject according to this Federal Law to placement in unified information system, the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor), starting price of commodity unit, work, service, the initial amount of the prices of commodity units, works, services, the maximum price value of the contract (if quantity of the delivered goods, I will eat around subject to performance of works, rendering services cannot determine) are specified with use of unified information system.

24. If quantity of the delivered goods, I will eat around subject to performance of works, rendering services cannot determine, the customer taking into account the requirements to the goods which are purchased by the customer, work, service established according to article 19 of this Federal Law (including marginal price of goods, work, service) and (or) standard costs on ensuring functions of state bodies, governing bodies of state non-budgetary funds, municipal authorities determines starting price of commodity unit, work, service, the initial amount of the prices of the specified units, the maximum price value of the contract, and also proves the price of commodity unit, work, service according to this Article. At the same time the provisions of this Federal Law concerning use of the starting (maximum) price of the contract including for calculation of the amount of tender security or ensuring execution of the contract, are applied to the maximum price value of the contract if this Federal Law does not establish other.

25. For the purposes of accomplishment by the customer of the minimum share of purchases the Government of the Russian Federation establishes features of determination of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor), starting price of commodity unit, including goods delivered in case of accomplishment of the purchased works, rendering the purchased services on the basis of functional, technical and quality characteristics, operational characteristics of the Russian goods including containing in the catalog of goods, works, services for ensuring the state and municipal needs.

Article 23. Identification code of purchase, the catalog of goods, works, services for ensuring the state and municipal needs

1. The identification code of purchase is specified in the scheduled plan, the notice on purchase implementation, the invitation to take part in the determination of the supplier (the contractor, the contractor) performed by the closed method, documentation on purchase in the contract, and also in other documents provided by this Federal Law. At the same time in information and documents which are subject according to this Federal Law to placement in unified information system, the identification code of purchase is specified with use of unified information system.

2. The identification code of purchase provides interrelation of the documents specified regarding 1 this Article.

3. The procedure for forming of identification code of purchase, including its structure and structure depending on the application purposes, is established by federal executive body on regulation of contractual system in the sphere of purchases.

4. Voided according to the Federal Law of the Russian Federation of 01.05.2019 No. 71-FZ

5. Forming and maintaining in unified information system of the catalog of goods, works, services for ensuring the state and municipal needs are provided with federal executive body on regulation of contractual system in the sphere of purchases.

6. Procedure for forming and maintaining in unified information system of the catalog of goods, works, services for ensuring the state and municipal needs, and also rules of use of the specified catalog are established by the Government of the Russian Federation.

Chapter 3. Implementation of purchases

§ 1. General provisions
Article 24. Methods of determination of suppliers (contractors, contractors)

1. Customers when implementing purchases use competitive methods of determination of suppliers (contractors, contractors) or conduct procurement at the single supplier (the contractor, the contractor).

2. Competitive methods of determination of suppliers (contractors, contractors) are tenders (open tender, tender with limited participation, two-stage tender, closed competition, closed competition with limited participation, the closed two-stage tender), auctions (electronic auction, private auction), request for quotation, request for proposals. Taking into account the features established by this Federal Law the open tender, tender with limited participation, two-stage tender, electronic auction, request for quotation, request for proposals (further also - electronic procedures), and also in the cases established by the decision of the Government of the Russian Federation provided by part 3 of article 84.1 of this Federal Law, closed competition, closed competition with limited participation, the closed two-stage tender, private auction electronically are held (further also - the closed electronic procedures).

2.1. Taking into account the features established by this Federal Law the open tender, tender with limited participation, two-stage tender, electronic auction, request for quotation, request for proposals, purchase of goods at the single supplier on the amount provided by part 12 of article 93 of this Federal Law (further also - electronic procedures), and also in the cases established by the decision of the Government of the Russian Federation provided by part 3 of article 84.1 of this Federal Law, closed competition, closed competition with limited participation, the closed two-stage tender, private auction electronically are held (further also - the closed electronic procedures).

3. Tender is understood as method of determination of the supplier (the contractor, the contractor) in case of which the winner the procurement participant who offered the best terms of execution of the contract is recognized.

4. The auction is understood as method of determination of the supplier (the contractor, the contractor) in case of which the winner the procurement participant who offered bottom price of the contract, the smallest amount of the prices of units of goods, works, services is recognized (in the case provided by part 24 of article 22 of this Federal Law).

5. The customer chooses method of determination of the supplier (the contractor, the contractor) according to provisions of this Chapter. At the same time he has no right to make the actions involving unreasonable reducing number of procurement participants.

6. When implementing purchase by carrying out competitive methods of determination of suppliers (contractors, contractors) (except for requests for quotation and requests for proposals, electronic procedures, the closed electronic procedures) lots concerning which in the notice on purchase implementation, the invitation to take part in determination of suppliers (contractors, contractors), in documentation on purchase subject to purchase, the starting (maximum) price of the contract and its reasons according to article 22 of this Federal Law are separately specified, the amount of tender security can be allocated for participation in purchase (if the requirement about tender security is established by the customer), terms and other delivery conditions of goods, performance of work or rendering service, the amount of ensuring execution of the contract. In these cases the procurement participant submits the application for participation in purchase concerning certain lot. Concerning each lot the separate contract is signed.

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If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.