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Ministry of Justice

Russian Federation 

On September 29, 2014 No. 34180

ORDER OF THE MINISTRY OF INDUSTRY AND TRADE OF THE RUSSIAN FEDERATION

of August 19, 2014 No. 1622

About approval of Regulations of carrying out departmental control by the Ministry of Industry and Trade of the Russian Federation in the sphere of purchases for ensuring federal needs concerning customers subordinated to it

(as amended on 27-03-2017)

According to article 100 of the Federal Law 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" (The Russian Federation Code, 2013, No. 14, the Art. 1652, No. 27, the Art. 3480, No. 52, Art. 6961; 2014, No. 23, the Art. 2925, No. 30 (part I), the Art. 4225), the Rules of implementation of departmental control in the sphere of purchases for ensuring federal needs approved by the order of the Government of the Russian Federation of February 10, 2014 No. 89 (The Russian Federation Code, 2014, to No. 7, of the Art. 683, No. 12, of the Art. 1290), I order:

1. Approve the enclosed Regulations of carrying out departmental control by the Ministry of Industry and Trade of the Russian Federation in the sphere of purchases for ensuring federal needs concerning customers subordinated to it (further - Regulations).

2. Subitems "b", "d" and "e" of Item 6 of the Regulations approved by this order become effective since January 1, 2016, Item 12 of Regulations becomes effective since January 1, 2017.

3. To impose control of execution of this order on the deputy minister G. M. Kadyrova.

Vr.i.o. Minister

G. S. Nikitin

Approved by the Order of the Ministry of Industry and Trade of the Russian Federation of August 19, 2014, No. 1622

Regulations of carrying out departmental control by the Ministry of Industry and Trade of the Russian Federation in the sphere of purchases for ensuring federal needs concerning customers subordinated to it

1. These Regulations are developed according to the Rules of implementation of departmental control in the sphere of purchases for ensuring federal needs approved by the order of the Government of the Russian Federation of February 10, 2014 No. 89 (The Russian Federation Code, 2014, No. 7, the Art. 683, No. 12, the Art. 1290), for the purpose of implementation by the Ministry of Industry and Trade of the Russian Federation (further - Minpromtorg of Russia) departmental 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 needs and the Law of the Russian Federation of July 21, 1993 with No. 5485-1 "About the state secret" ("The Russian newspaper", 1993, on September 21; Russian Federation Code, 1997, No. 41, Art. 4673; 2003, No. 46, Art. 4449; 2010, No. 47, Art. 6033; 2013, No. 51, the Art. 6697) concerning customers subordinated to it (further - departmental control).

2. These Regulations establish procedure Minpromtorg of Russia of departmental control in the sphere of purchases.

3. Subject of departmental control in the sphere of purchases is observance by federal budgetary institutions, the state unitary enterprises which are under authority of Minpromtorg of Russia including their contractual services, contractual managing directors, the commissions on implementation of purchases, authorized bodies and authorized institutions (further - subordinated customers), legislations of the Russian Federation on contractual system in the sphere of purchases.

4. In case of realization of powers on implementation of departmental control Minpromtorg of Russia is guided by the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws, presidential decrees of the Russian Federation, orders of the Government of the Russian Federation, regulatory legal acts of the Ministry of Industry and Trade of the Russian Federation, and also these Regulations.

5. The purposes of carrying out departmental control are increase in efficiency, effectiveness of implementation of purchases, ensuring publicity and transparency of implementation of purchases, prevention of abuses in the sphere of purchases.

6. Task of departmental control is check:

a) observance of the restrictions and prohibitions established by the legislation of the Russian Federation on contractual system in the sphere of purchases;

b) observance of requirements to reasons for purchases and justification of purchases;

c) observance of requirements about regulation in the sphere of purchases;

d) correctness 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);

e) compliance of information on amount of financial provision included in procurement plans, information on the amount of financial provision for implementation of purchases approved and which is brought to the attention of the customer;

e) compliance of information on identification codes of purchases and about amount of financial provision for implementation of these purchases, containing:

- in scheduled plans - information containing in procurement plans;

- in protocols of determination of suppliers (contractors, contractors) of information containing in documentation on purchases;

- in the conditions of the drafts contract sent to participants of purchases with whom contracts are signed - information containing in protocols of determination of suppliers (contractors, contractors);

- in the register of the contracts signed by customers - to conditions of contracts;

g) provisions to organizations and the companies of criminal executive system, organizations of persons with disabilities of benefit concerning the contract price offered by them;

h) observance of the requirements concerning participation in procurement of small business entities, socially oriented non-profit organizations;

i) observance of requirements for determination of the supplier (contractor, contractor);

j) justification in documentary drawn up report of impossibility or inexpediency of use of different ways of determination of the supplier (the contractor, the contractor), and also the prices of the contract and other essential terms of the contract in case of implementation of purchase at the single supplier (the contractor, the contractor) for the conclusion of the contract;

k) applications by the customer of measures of responsibility and making of other actions in case of violation by the supplier (the contractor, the contractor) of terms of the contract;

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