ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 20, 2017 No. 315

About modification of Rules of the control provided by part 5 of article 99 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs"

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to the Rules of the control provided by part 5 of article 99 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", approved by the order of the Government of the Russian Federation of December 12, 2015 No. 1367 "About procedure of the control provided by part 5 of article 99 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" (The Russian Federation Code, 2015, No. 52, the Art. 7602).

2. This resolution becomes effective from the date of its official publication, except for the paragraph of the seventh Item 5, of paragraphs two and third Item 6 (regarding the subitem "v" of Item 8 of the Rules of the control provided by part 5 of article 99 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", approved by the order of the Government of the Russian Federation of December 12, 2015 No. 1367 "About procedure of the control provided by part 5 of article 99 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs"), Item 7 (regarding the subitem "v" of Item 8 of Rules of the control provided by part 5 of article 99 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" approved by the specified resolution) the changes approved by this resolution which become effective since January 1, 2018.

3. Suspend Item paragraph two provisions 14, of Item 15 paragraph two (regarding non-stationing in unified information system in the field of purchases of objects of control before elimination of the revealed violations) the Rules of the control provided by part 5 of article 99 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", approved by the order of the Government of the Russian Federation of December 12, 2015 No. 1367 "About procedure of the control provided by part 5 of article 99 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs":

till January 1, 2018 - concerning the customers conducting procurement for ensuring federal needs;

till January 1, 2019 - concerning the customers conducting procurement for ensuring the state needs of subjects of the Russian Federation (municipal needs).

Approved by the Order of the Government of the Russian Federation of March 20, 2017 No. 315

Changes which are made to Rules of the control provided by part 5 of article 99 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs"

1. In Item 3:

a) in the subitem "v" of the word "federal state unitary enterprises" to exclude;

b) add with the subitem "g" of the following content:

"d) the federal state unitary enterprises conducting procurements through means of the subsidies provided to them from the federal budget on implementation of capital investments in objects of federal property or acquisition of real estate units in federal property.".

2. In item 4:

a) in the subitem "v" of the word", the state unitary enterprises of the subject of the Russian Federation", ", municipal unitary enterprises" to exclude;

b) add with the subitem "g" of the following content:

"d) the state unitary enterprises of the subject of the Russian Federation (municipal unitary enterprises) conducting procurements through means of the subsidies provided to them from the budget of the subject of the Russian Federation (local budget) on implementation of capital investments in objects of state-owned property of the subject of the Russian Federation (municipal property) or acquisition of real estate units in property of the subject of the Russian Federation (municipal property).".

3. State Item 6 in the following edition:

"6. Subjects of the control exercised by the Federal Treasury based on prisoners according to part 7 of article 99 of the Federal Law of agreements with governing bodies of state non-budgetary funds with the supreme executive bodies of the government of subjects of the Russian Federation, local administrations of municipalities about transfer of powers to the Federal Treasury on control, are:

a) the subjects of control specified in the subitem "an" of item 4 and Item 5 of these rules in case of opening by it in the Federal Treasury of personal accounts of the receiver of budgetary funds on which limits of budget obligations and budgetary obligations are considered;

b) the subjects of control specified in subitems "b", "v" and "g" of item 4 of these rules in case of opening by it in the Federal Treasury in accordance with the established procedure the corresponding personal accounts.".

4. Add Item 7 with words ", and also on the specialized organizations and organizers of joint tenders or auctions during the forming and placement of objects of control by them in unified information system in the field of purchases (further - information system)".

5. State Item 8 in the following edition:

"8. Control is exercised by control facilities in the relation:

a) objects of control, subjects according to the Federal Law to placement in information system, in case of their direction subjects of control for placement in accordance with the established procedure in information system;

b) the objects of control containing the data which are the state secret and not subject according to the Federal Law to placement in information system by the direction with observance of requirements of the legislation of the Russian Federation on protection of the state secret of approval in control facility:

information on identification code of purchase and on the amount of financial provision of the purchase included in the procurement plans and scheduled plans of purchases approved in accordance with the established procedure approved and brought to the customer in accordance with the established procedure including in the changes made to them and also in notices on purchase implementation, in invitations to take part in determination of suppliers (contractors, contractors), documentation on purchases, protocols of determination of suppliers (contractors, contractors) and drafts contract, to the direction of the corresponding objects of control to participants of purchases;

data on the contract in case of their representation in accordance with the established procedure for inclusion in the register of contracts containing the data which are the state secret;

c) the objects of control containing the data which are not the state secret and not subject according to the Federal Law to placement in information system, by the direction in control facility of controlled information according to the procedure, provided by the order of interaction of control facility with subjects of control developed according to Items 11 and 12 of these rules.".

6. Items 11 - 13 to state in the following edition:

"11. The order of interaction in case of control of financial bodies and governing bodies of state non-budgetary funds with the subjects of control specified in items 4 and 5 these rules including procedure for the direction and form of the direction by subjects of control of the data provided by subitems "b" and "v" of Item 8 and Item 10 of these rules, and forms of the notifications and protocols sent by relevant organ of control to subjects of control is established by the specified control facility taking into account the general requirements established by the Ministry of Finance of the Russian Federation.

12. The order of interaction of the Federal Treasury with the subjects of control specified in Items 3 and 6 of these rules in case of control, including procedure for the direction and form of the direction subjects of control of the data provided by subitems "b" and "v" of Item 8 and Item 10 of these rules, and forms of the notifications and protocols sent by the Federal Treasury to subjects of control is established by the Ministry of Finance of the Russian Federation.

13. In case of control by control facilities are carried out:

a) verification of information on amount of the financial provision included in procurement plans regarding not exceeding of amount of financial provision over:

the limits of budget obligations on purchase of goods, works, services for the corresponding financial year and planning period brought in accordance with the established procedure to the state (municipal) customer as the receiver of budgetary funds taking into account the assumed and unexecuted obligations by subjects of control, and also in the amounts of means containing in the regulatory legal acts providing according to the budget legislation of the Russian Federation possibility of the conclusion of the public (municipal) contract for the term exceeding effective period of the finished limits of budget obligations;

the indicators of payments on purchase of the goods, works, services for the corresponding financial year and planning period performed according to the Federal Law included in plans of financial and economic activities of the public (municipal) budget and autonomous institutions by year of the beginning of purchase;

b) check regarding not exceeding of the amount of the budget obligation of the receiver of budgetary funds who signed the agreement on provision to the state (municipal) unitary enterprise of subsidies for implementation of capital investments according to Article 78.2 of the Budget code of the Russian Federation registered according to the accounting treatment for budget obligations established according to Article 219 of the Budget code of the Russian Federation the Ministry of Finance of the Russian Federation, financial body of the subject of the Russian Federation, state non-budgetary fund management authority;

c) verification of controlled information in part:

not excesses of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor) on the corresponding identification code of the purchase containing in the scheduled plan of purchases over the similar price containing in procurement plan;

compliance of the starting (maximum) price of the contract, the price of the contract signed with the single supplier (the contractor, the contractor), and the identification code of purchase containing in the notice on purchase implementation, the invitation to take part in determination of the supplier (the contractor, the contractor), the draft contract imprisoned with the single supplier (the contractor, the contractor), and (or) in documentation on purchase including changes specified notices, invitations, the draft contract and (or) documentation similar to the price containing in the scheduled plan of purchases;

not excesses of the price of the contract offered by the procurement participant declared as the winner of determination of the supplier (the contractor, the contractor), the procurement participant who offered the best terms after the winner, the single participant whose request is acknowledged conforming to requirements of the Federal Law, the price of the contract signed with the single supplier (the contractor, the contractor) containing in the protocol of determination of the supplier (the contractor, the contractor) over the similar price containing in documentation on purchase;

compliance of the identification code of purchase containing in the protocol of determination of the supplier (the contractor, the contractor), the similar information containing in documentation on purchase;

compliance of project cost of the contract and the identification code of purchase containing in the specified project sent to the procurement participant (returned by the procurement participant signed) with which the specified contract, the similar information containing in the protocol of determination of the supplier (the contractor, the contractor), and in case of acceptance by the customer of the decision provided by part 18 of article 34 of the Federal Law - not excesses of project cost of the contract over the starting (maximum) price of the contract containing in documentation on purchase is signed;

compliance of the price of the contract and the identification code of purchase containing in information included in the register of the contracts signed by customers and also in the data on the contract directed for inclusion in the register of contracts containing the data which are the state secret, the similar information specified in terms of the contract.".

7. In Item 14:

a) add paragraph two with words ", except for the objects of control specified in paragraph seven of the subitem "v" of Item 13 of the these rules placed in information system in time, established for implementation of check, stipulated in Item 13 Rules of maintaining the register of the contracts signed by customers approved by the order of the Government of the Russian Federation of November 28, 2013 No. 1084 "About procedure for maintaining the register of the contracts signed by customers and the register of contracts containing the data which are the state secret";

b) word in paragraph three "the subitem "b" of Item 8" shall be replaced with words "subitems "b" and "v" of Item 8".

8. The paragraph one of Item 16 to add with the words "concerning the objects of control which are subject to placement in information system".

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