In the middle of summer, a number of innovations are planned in Russia, in a variety of areas. How much will prices for housing and communal services increase, and where, on the contrary, it will be possible to spend less on electricity, how departments will report on incoming applications from citizens and how the Ministry of Industry and Trade will help those who have long wanted to get a car - in the Izvestia article.
Increasing the minimum wage
From July 1, 2017, the minimum wage (minimum wage) in Russia will be increased to 7.8 thousand rubles. Previously, this figure was 7.5 thousand rubles - the last time it was raised was on January 1, 2016. Over the next few years, it is planned to increase the minimum wage to the level of the living wage established in the country, which on average in Russia at the end of 2016 was 9,889 rubles.
According to the Labor Code of the Russian Federation, employers do not have the right to pay employees a monthly salary less than this level. The exception is when an employee works remotely or on a part-time basis.
However, the minimum wage is important not only for regulating wages, but also for determining the amount of temporary disability benefits, which are calculated taking into account this indicator. In addition, depending on the amount of the minimum wage, the amount of taxes, fees and some fines may change.
Changes in the housing and communal services sector
Utility prices will also increase in July. You will have to pay more for heating, hot and cold water, gas, electricity and sewerage. At the same time, both the increase in prices for each of these services separately and the rate of increase in prices for residents of different regions and even individual districts of large cities (primarily Moscow) will vary. However, on average in Russia, utility bills will increase by about 4%. Such an increase is an annual measure and, as a rule, occurs in the middle of summer.
But in the Far East it will be possible to pay less for electricity. From July 1, tariffs in this region will be reduced to the level of the national average. This was achieved through the government's introduction of special surcharges on the cost of electricity in certain price zones, which will be received by Far Eastern companies - electricity suppliers.
Electronic sick leave
In Russia, electronic sick leave will begin to operate in July. Thus, the Social Insurance Fund, medical institutions and employers will be able to quickly access the data. The authenticity of the document will be ensured by enhanced electronic signatures.
There are no plans to abolish the paper version of certificates of incapacity for work - both versions of the document will remain in use. But in order to issue an electronic sick leave to a patient, you will first need to obtain his permission.
The Ministry of Labor expects that even in this format, eliminating paper forms can save the budget up to 12 million rubles.
In addition, from July 1, 2017, it was planned to begin introducing an electronic version of the vehicle passport (PTS) everywhere. However, in May of this year, at a meeting of the Board of the Eurasian Economic Commission, at the request of the other EAEU member countries, it was decided to extend the preparatory period for the transition to electronic PTS until July 1, 2018. However, in Russia, individual automakers will be able, depending on their own readiness, to switch to using the electronic version of the document without waiting for July 1, 2018.
Traffic rules changes
Among the innovations in the traffic rules is the entry into force of a ban on transporting children on buses manufactured more than 10 years ago. The resolution was supposed to come into force on January 1, 2017, but at the end of December last year this date was postponed to July 1, 2017.
Other requirements for a bus for transporting children include compliance with all technical requirements, the presence of a tachograph and GLONASS or GLONASS/GPS navigation systems.
But the validity period of the resolution, according to which the client, dissatisfied with the payment under compulsory motor liability insurance, had to first contact the insurance company and then go to court, on the contrary, expires on July 1. For now, anyone dissatisfied with payments received from insurance companies will be able to go to court directly.
Cars will become more affordable
The Ministry of Industry and Trade will launch several programs at once that should help Russians acquire their own vehicles.
The “First Car” program, which provides a 10% discount when purchasing a passenger car, will be available to everyone who has not previously purchased their own vehicle. Families with two young children will be able to receive the same discount, but within the framework of the Family Car program. The cost of the car that potential program participants can choose is limited to 1.45 million rubles.
Special discounts also apply to entrepreneurs. For example, using the “Own Business”, “Russian Tractor” or “Russian Farmer” programs, representatives of small and medium-sized businesses, farmers, as well as anyone who plans to lease long-haul tractors, will be able to conclude a leasing agreement with a 12.5% discount.
In total, the department will allocate 7.5 billion rubles for these purposes, but in case of great demand, the amount can be increased.
From July 1, 2018, some changes in Russian legislation will begin. Innovations will come into force that will change the lives of Russians. The media offers to familiarize yourself with the new laws and regulations.
Some adjustments have been introduced to the Russian Tax Code
From July 1, all banks will be able to control any transfers to customer cards or accounts and transmit information to the tax office. Also, Russians will be required to pay 13% income tax; in case of evasion of payment, a fine will be issued.
The government will begin an active fight against illegal buildings
Since last year, a law came into force that deals with such buildings. The state can confiscate a land plot from a citizen without the right to return if the building located on it is not registered.
However, there are several options for a citizen in this case. He will either demolish the building within 12 months, or he will take care of the paperwork and put everything in order. On the Internet you can often find people who claim that from July 1, plots of land will immediately begin to be taken away from people. These are just rumors; the government did not provide such information.
Innovations with changes in payroll will come into force
If a company employee works on his days off or holidays, he will be paid for them once in double size. Previously, only overtime was paid, the first two hours - 1.5 times more, the subsequent time - 2 times more. Also, time off on your day off will be counted according to hours worked and paid at double the rate.
Employers will It is forbidden to set an irregular schedule for your employees, time must be allocated correctly.
Social payments, scholarships and pensions will be paid to the Mir card
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Services will no longer be able to transfer funds to other cards. If the employee does not issue a Mir card, he will receive the money in cash at the cash desk.
They will begin to pay attention to animal products
All companies that manufacture, transport and sell such products will be required to complete documentation through the Mercury system. All documents will be carefully checked. They want to adopt such innovations in order to eliminate low-quality products.
The likelihood of adulteration of dairy products will be reduced
On July 15, new requirements for labeling dairy products come into force. This is stated in the Decision of the Council of the Eurasian Economic Commission dated November 10, 2017 N 102.
The manufacturer will be required to indicate information about the availability of milk fat substitutes made from vegetable oils. Such a description will be written in contrasting letters in a special field on the packaging or label.
Utility tariffs will be indexed
“The indices were approved taking into account the average increase in citizens’ payments for utility services in Russia from July 1, 2018 in the amount of no more than 4%,” says the explanation to the document on the Cabinet of Ministers website.
The tariff increase depends on the subject, for each of which specific indices are indicated; they can be either more or less than the average Russian rate.
The driver's intoxication will be determined by a blood test.
From July 3, the degree of intoxication of drivers will be determined not only using a breathalyzer, but also based on the results of a blood test.
The maximum permissible blood alcohol content is 0.3 ppm; if you exceed it, you will be subject to administrative liability: a fine of 30 thousand rubles and deprivation of your driver’s license for a period of one and a half to two years.
The blood test will be carried out at a medical facility.
Telecom operators will store customer correspondence
On July 1, the next reform within the framework of the “Yarovaya package” comes into force. We are talking about a package of anti-terrorism amendments to laws proposed by State Duma deputy Irina Yarovaya and Senator Viktor Ozerov.
Now telecom operators will have to store call records and customer correspondence for up to six months. Companies will spend billions of rubles to implement this law.
Sellers of rare animals and fish may face prison sentences
From July 8, trading in rare animals and aquatic biological resources listed in the Red Book on the Internet or through the media faces criminal liability.
For the illegal acquisition or sale of animals, aquatic biological resources, as well as, as stated in the law, “their parts and derivatives (derivatives)”, punishment is established in the form of forced labor for up to three years with a fine of 500 thousand to 1.5 million rubles with or without restriction of liberty for a term of up to two years, or in the form of imprisonment for a term of up to four years with a fine in the same amount.
More entrepreneurs will switch to online cash registers
On July 1, the second stage of implementation of Law 54-FZ on the procedure for entrepreneurs to work with cash register equipment starts.
Now online cash registers for payments to customers must be installed by entrepreneurs and companies that meet the following requirements: they have employees, they work in public catering or are engaged in vending. Also included in the new wave are individual entrepreneurs on imputed tax (UTII) and patents who conduct trade and have employees on their staff.
Entrepreneurs can use not any devices, but only those models of cash registers that are included in the special register of the Federal Tax Service of the Russian Federation.
Children will be banned from transporting on old buses
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From July 1, a ban on the use of buses older than 10 years to transport organized groups of children will partially come into force. From this date, the ban is in effect in Moscow and St. Petersburg, as well as the Moscow and Leningrad regions.
A unified form of MTPL policies will appear
From July 1, a new form of MTPL policy will be in force in the Russian Federation, unified for paper and electronic versions of the document. This is reported in the decree of the Bank of Russia. A QR code will appear on the policy, with which you can find out the model, number, registration plate, VIN and other information about the vehicle, as well as information about its owner and the validity period of the policy. In addition, the new forms will be pink.
Mortgage will become electronic
From July 1, when issuing a mortgage loan, an electronic mortgage will be used. This is stated in the Federal Law of November 25, 2017 N 328-FZ “On Amendments to the Federal Law “On Mortgage (Pledge of Real Estate)” and certain legislative acts of the Russian Federation.
It is noted that such a mortgage will be the first step towards the transition to online mortgage processing. The electronic mortgage will contain information about the mortgagor and the borrower of the mortgage loan, the name of the loan agreement indicating the date and place of its conclusion, the amount of the mortgage loan and the deadline for its payment, the name and description of the property purchased with a mortgage.
From July 1, 2018, some changes in Russian legislation will begin. Innovations will come into force that will change the lives of Russians. The media offers to familiarize yourself with the new laws and regulations.
Some adjustments have been introduced to the Russian Tax Code
From July 1, all banks will be able to control any transfers to customer cards or accounts and transmit information to the tax office. Also, Russians will be required to pay 13% income tax; in case of evasion of payment, a fine will be issued.
The government will begin an active fight against illegal buildings
Since last year, a law came into force that deals with such buildings. The state can confiscate a land plot from a citizen without the right to return if the building located on it is not registered.
However, there are several options for a citizen in this case. He will either demolish the building within 12 months, or he will take care of the paperwork and put everything in order. On the Internet you can often find people who claim that from July 1, plots of land will immediately begin to be taken away from people. These are just rumors; the government did not provide such information.
Innovations with changes in payroll will come into force
If a company employee works on his days off or holidays, he will be paid for them once in double size. Previously, only overtime was paid, the first two hours - 1.5 times more, the subsequent time - 2 times more. Also, time off on your day off will be counted according to hours worked and paid at double the rate.
Employers will It is forbidden to set an irregular schedule for your employees, time must be allocated correctly.
Social payments, scholarships and pensions will be paid to the Mir card
Services will no longer be able to transfer funds to other cards. If the employee does not issue a Mir card, he will receive the money in cash at the cash desk.
They will begin to pay attention to animal products
All companies that manufacture, transport and sell such products will be required to complete documentation through the Mercury system. All documents will be carefully checked. They want to adopt such innovations in order to eliminate low-quality products.
The likelihood of adulteration of dairy products will be reduced
On July 15, new requirements for labeling dairy products come into force. This is stated in the Decision of the Council of the Eurasian Economic Commission dated November 10, 2017 N 102.
The manufacturer will be required to indicate information about the availability of milk fat substitutes made from vegetable oils. Such a description will be written in contrasting letters in a special field on the packaging or label.
Utility tariffs will be indexed
“The indices were approved taking into account the average increase in citizens’ payments for utility services in Russia from July 1, 2018 in the amount of no more than 4%,” says the explanation to the document on the Cabinet of Ministers website.
The tariff increase depends on the subject, for each of which specific indices are indicated; they can be either more or less than the average Russian rate.
The driver's intoxication will be determined by a blood test.
From July 3, the degree of intoxication of drivers will be determined not only using a breathalyzer, but also based on the results of a blood test.
The maximum permissible blood alcohol content is 0.3 ppm; if you exceed it, you will be subject to administrative liability: a fine of 30 thousand rubles and deprivation of your driver’s license for a period of one and a half to two years.
The blood test will be carried out at a medical facility.
Telecom operators will store customer correspondence
On July 1, the next reform within the framework of the “Yarovaya package” comes into force. We are talking about a package of anti-terrorism amendments to laws proposed by State Duma deputy Irina Yarovaya and Senator Viktor Ozerov.
Now telecom operators will have to store call records and customer correspondence for up to six months. Companies will spend billions of rubles to implement this law.
Sellers of rare animals and fish may face prison sentences
From July 8, trading in rare animals and aquatic biological resources listed in the Red Book on the Internet or through the media faces criminal liability.
For the illegal acquisition or sale of animals, aquatic biological resources, as well as, as stated in the law, “their parts and derivatives (derivatives)”, punishment is established in the form of forced labor for up to three years with a fine of 500 thousand to 1.5 million rubles with or without restriction of liberty for a term of up to two years, or in the form of imprisonment for a term of up to four years with a fine in the same amount.
More entrepreneurs will switch to online cash registers
On July 1, the second stage of implementation of Law 54-FZ on the procedure for entrepreneurs to work with cash register equipment starts.
Now online cash registers for payments to customers must be installed by entrepreneurs and companies that meet the following requirements: they have employees, they work in public catering or are engaged in vending. Also included in the new wave are individual entrepreneurs on imputed tax (UTII) and patents who conduct trade and have employees on their staff.
Entrepreneurs can use not any devices, but only those models of cash registers that are included in the special register of the Federal Tax Service of the Russian Federation.
Children will be banned from transporting on old buses
From July 1, a ban on the use of buses older than 10 years to transport organized groups of children will partially come into force. From this date, the ban is in effect in Moscow and St. Petersburg, as well as the Moscow and Leningrad regions.
A unified form of MTPL policies will appear
From July 1, a new form of MTPL policy will be in force in the Russian Federation, unified for paper and electronic versions of the document. This is reported in the decree of the Bank of Russia. A QR code will appear on the policy, with which you can find out the model, number, registration plate, VIN and other information about the vehicle, as well as information about its owner and the validity period of the policy. In addition, the new forms will be pink.
Mortgage will become electronic
From July 1, when issuing a mortgage loan, an electronic mortgage will be used. This is stated in the Federal Law of November 25, 2017 N 328-FZ “On Amendments to the Federal Law “On Mortgage (Pledge of Real Estate)” and certain legislative acts of the Russian Federation.
It is noted that such a mortgage will be the first step towards the transition to online mortgage processing. The electronic mortgage will contain information about the mortgagor and the borrower of the mortgage loan, the name of the loan agreement indicating the date and place of its conclusion, the amount of the mortgage loan and the deadline for its payment, the name and description of the property purchased with a mortgage.
Data storage in the Russian Federation
From July 1, 2018, all telecom operators, owners of Internet resources and instant messengers are required to store user data and messages in our country. This innovation will affect everyone. Text and voice messages, downloaded or sent videos and audio will be stored. However, the storage period for calls and correspondence has been reduced from 3 years to six months.
Increasing excise taxes on tobacco products
Smokers will once again be cut off from their “oxygen”—excise taxes on tobacco will increase by 10%, which means cigarette prices will rise again. If converted into regular money, the fee will increase from 1,562 rubles. per thousand pieces up to 1718 rubles. The Ministry of Health explains the increase in excise taxes on tobacco products by the fight against smoking. But in essence, this is a fight against smokers, and not against smoking, because the number of “quitters” is not decreasing.
Changes to Art. 86 Tax Code of the Russian Federation
The information that the tax office will check all citizens’ bank accounts, cards and money transfers, and even automatically charge a 13% tax on each transfer, quickly reached Internet users and caused mass hysteria. We want to reassure you.
Indeed, from July 1, 2018, amendments to Art. 86 of the Tax Code of the Russian Federation, but they apply only to “metal” accounts. They do not affect cards and ordinary bank accounts of citizens in any way. Moreover, since 2013, the tax inspectorate can request from the bank information about the accounts of any citizen. The main thing here is “on request”. The tax office does not automatically receive information about transfers to regular accounts. Therefore, by and large, nothing will change until the tax office becomes interested in you.
Articles and advice from colleagues for economists, financiers and accountants. Document templates, Examples of calculations and reports, gifts and promotions.
On July 1, 2018, amendments to Law No. 44-FZ, introduced by Federal Law No. 504-FZ of December 31, 2017, come into force.
| Planning | Customers will be able to publish changes to the schedule one day before the purchase. State corporations and significant institutions will standardize purchases |
| Purchasing methods | From July 1, 2018, customers have the right to conduct electronically not only an auction, but also a tender, request for quotations, and request for proposals. From January 1, 2019, e-procurement is a requirement. Electronic platforms will be able to charge fees from customers and participants. Amendments were made to all competitive purchases and to the procurement rules from the supplier |
| Procurement | Participants will be required to declare that there are no legal restrictions on their participation in the procurement. Customers will be able to demand that the application be secured only if the NMCC is above 1 million rubles. |
| Contract | Contracts will include a new mandatory condition - deduction from payment of taxes, fees and other payments. If the contract is changed or terminated, it will not be necessary to publish information in the Unified Information System within one day. Information must be sent to the contract registry within five working days, not three. |
| Control and appeal | Controllers will not compare information in documentation and protocol. We expanded the list of procedures that the customer has the right to appeal |
Planning
The deadlines for making changes to the schedule have been changed. From July 1, 2018, a reduced period applies for some cases. The rationing rules will be used by two state corporations.
The deadline for the plan has been reduced - garfika
As a general rule, the customer makes changes to the schedule and only after 10 calendar days has the right to place a notice of purchase in the Unified Information System or send an invitation to a closed purchase. Exceptions were introduced for the rule - the period was reduced to one calendar day for purchases:
| Name of purchase | Norm 44-FZ |
| Repeated tender or new purchase when the tender did not take place | Part 2 of Article 55 |
| Request for proposals under clause 8 of part 2 of Article 83 of Law No. 44-FZ or other procurement when a re-tender did not take place | Part 4 of Article 55 |
| New purchase or re-tender when the two-stage tender did not take place | Parts 5, 6 of Article 55 |
| Request for proposals in electronic form or a new procedure when the electronic tender did not take place. At the same time, the deadline for submitting applications for the electronic competition has already been extended | Part 4 of Article 55.1 |
| Request for proposals under clause 8 of part 2 of Article 83 of Law No. 44-FZ or other procurement when the electronic auction did not take place | Part 4 of Article 71 |
| Repeated procurement when the customer has extended the deadline for submitting applications for a request for quotation, but no applications have been received | Part 4 of Article 79 |
| New purchase when the electronic request for quotation has not taken place. At the same time, the deadline for submitting applications for an electronic request for quotations has already been extended | Part 2 of Article 82.6 |
| Repeated request for proposals when no applications were received for the first purchase | Part 19 of Article 83 |
| New procurement when the electronic request for proposals has not taken place | Part 27 of Article 83.1 |
| Purchasing from a single supplier | Part 1 of Article 93 |
The notice must be published no earlier than the changes made to the schedule are posted in the unified information system in accordance with Part 15 of this article. (Part 14 of Article 21 of Law No. 44-FZ)
Standardization rules began to be applied at the State Corporation
The rationing rules established by the Government will be applied by the state corporations Rosatom, Roscosmos, as well as the most significant institutions of science, education, culture and healthcare. The most significant institutions are determined by the Budget Code.
Rosatom and Roscosmos will approve requirements for certain types of goods, works, services, including maximum product prices and standard costs for providing functions. We are talking about procurement by state corporations themselves and organizations subordinate to them (parts 4.1, 7 in Article 19 of Law No. 44-FZ).
Notice
The list of information required to be included in the procurement notice has been supplementedArticle 42 of Law No. 44-FZ establishes what information must be included in the procurement notice.
Purchasing methods
New electronic procedures have appearedCustomers are required to conduct all competitive procurements on electronic platforms. A transition period is provided - from July 1, 2018 to January 1, 2019.
From July 1, 2018, customers have the right to use new electronic forms of procedures, and from January 1, 2019, they are required to purchase products only through electronic procedures. It is impossible to hold an open tender, a tender with limited participation, a two-stage tender, a request for quotations, or a request for proposals in non-electronic form from January 1, 2019.
Purchases in paper form are only possible in exceptional cases:
- purchases by customers abroad;
- requests for quotes for emergency medical care in an emergency or urgent form and normal life support for citizens;
- pre-selection of procurement participants or request for quotations for humanitarian assistance or liquidation of the consequences of natural or man-made emergencies;
- closed procurement methods;
- purchases from food suppliers;
- procurement in accordance with Government decisions.
New rules for electronic procedures.
- Electronic procurement is carried out on sites selected by the Government.
- Closed procedures will be carried out at specialized sites.
- Until the sites are selected, electronic procurement will be carried out on currently operating sites.
- Participants will submit applications for electronic procurement only through electronic platforms or specialized electronic platforms.
- Provisions regarding the possibility of filing an application through the Unified Information System were excluded from Law No. 44-FZ.
- One of the mandatory requirements of electronic procurement is that the parties use an enhanced qualified electronic signature. You can obtain a signature at certification centers accredited by the Ministry of Telecom and Mass Communications. Until the end of 2018, a qualified electronic signature will be issued by the Treasury.
- Operators of electronic platforms will be able to charge money for holding an electronic auction. Previously, payment was prohibited. It was also prohibited to take money from participants in the electronic auction for accreditation and for participation in the procurement. The Government has the right to establish the procedure and amount of fees from July 1, 2018.
Major changes in open competition.
The phrase that the customer holds an open competition in all cases, except for exceptions, was removed from Article 48 of Law No. 44-FZ.
Competitive application:
- In the application, all participants indicate a postal address, and not just the legal entity, as was previously the case.
- In the application, the participant submits documents that are provided for by regulatory legal acts on the national regime. If the participant does not submit documents, the application is equated to an offer of foreign goods, works or services of foreign persons.
- The participant indicates the country of origin of the goods only when the customer has established conditions, prohibitions, and restrictions on the admission of foreign goods in the notice and documentation.
- Each volume of the application must contain an inventory.
Consideration of application:
The application must be rejected if the participant does not provide security for the application or if the refusal is provided for by legal acts within the framework of the national regime. Let’s say the customer did not attach documents to the application that confirm the benefits for penal institutions or people with disabilities. Then the application cannot be rejected.
Protocols.
The requirement was removed that the customer must attach the participant’s proposal for the procurement item, the unit price, and the name of the country of origin of the goods to the protocol for the consideration and evaluation of applications for a single application.Major changes in the electronic auction
From July 1, 2018, the provisions of Law No. 44-FZ, which regulate document flow and the procedure for concluding a contract during an electronic auction, will no longer be in force. This is due to the fact that now an article on electronic procurement has appeared in the law (Articles 24.1, 60 and 70 of Law No. 44-FZ).Auction application.
The procedure for submitting an application for the auction has been changed.In the first part of the application, the participant agrees to supply goods, perform work, or provide services on the terms of the documentation. They added that consent is submitted through an electronic platform. If you are purchasing goods or works and services for which the participant uses the goods. Then in the first part the participant writes:
- country of origin of the goods, only if the customer has established a national regime;
- specific indicators of the product and trademark, if available. Information is included in the application if there is no trademark in the documentation or if the participant offers a product with a trademark different from the trademark from the documentation.
- The postal address is indicated by all participants, and not just by the legal entity, as was the case before.
- If in the second part the participant does not submit documents according to the national regime, the application will be equated to an application with foreign goods, works, and services of foreign persons.
The application no longer has a serial number, but an identification one. This number is assigned to the application and communicated to the participant by the operator of the electronic platform. The identification number is indicated in the protocols.
Review of the application.
The deadline for the customer to review the first parts of applications has been changed. The period for consideration of the first parts of applications for participation in an electronic auction cannot exceed seven days from the deadline for filing these applications, and if the initial (maximum) price of the contract does not exceed three million rubles, such period cannot exceed one working day from the date the deadline for submitting these applications.
Protocols.
The protocol on consideration of the first parts will now include an additional condition - the presence of foreign goods, works or services of foreign persons among the participants’ proposals. This information is written in the protocol when purchasing under an established national regime.
Auction step.
The step cannot be less than 100 rubles. The amount of reduction in NMCC is from 0.5 percent to 5 percent.Major changes to the request for quotations
Quotation application
- In the quotation application the participant indicates:
- mailing address
- proposal on the price of the contract, and it is also necessary to register a proposal on the price of each item of goods
- declaration of conformity with the requirements of paragraphs 3-9 of part 1 of article 31 of Law No. 44-FZ
- if a national regime is established in the procurement, the participant provides documents on the conformity of the goods. If such documents are not provided, then the application will be equated to an application with foreign goods, works, and services of foreign persons.
Protocol
The customer commission formalizes the results of consideration and evaluation of applications in a protocol. The protocol must now include the names and characteristics of the goods supplied by the participants.Major changes to the request for proposals
From July 1, 2018, it is impossible to conduct a request for proposals when a repeat electronic auction has not taken place. The customer has the right to conduct a request for proposals only if a re-tender has not taken place (clause 8, part 2, article 83 of Law No. 44-FZ).Opening envelopes.
Not only participants, but also their representatives have the right to be present at the opening of envelopes.When opening the envelopes, the commission announces:
- place,
- date and time of opening,
- name or full name,
- participant's mailing address.
Review of applications.
We added the reasons when the commission should reject a participant’s application:- the application does not comply with the notice;
- the participant provided false information;
- in cases provided for by regulatory legal acts on the national regime.
Final proposals.
A rule has been added that the final proposal of the request for proposals participant cannot worsen the conditions from the application. If the participant violates this rule, the final offer will be rejected by the customer. In this case, the proposal from the application is considered final.
Major changes in closed procurement
From July 1, 2018, closed procedures have the right to conduct:- federal executive authorities with the functions of developing and implementing state policy in the field of defense, public administration in the field of ensuring the country's security;
- government institutions, state unitary enterprises that are subordinate to the customers from paragraph 1.
Major changes in procurement from a single supplier
The customer has the right to enter into a contract with a single supplier when:- there was no request for quotations for the purchase of goods, works, services for humanitarian aid or emergency response (clause 9, part 1, article 93 of Law No. 44-FZ);
- There are not enough products that were purchased by requesting quotes for humanitarian assistance or emergency response. The customer has the right to buy the missing volume from the supplier (clause 9, part 1, article 93 of Law No. 44-FZ);
- An open tender, a tender with limited participation and a two-stage tender in electronic form, a request for quotations and a request for proposals in electronic form did not take place. The only participant in such procurements is equated to the winner of the procurement (clauses 25.1, 25.2, 25.3, part 1, article 93 of Law No. 44-FZ).
Procurement
Customers will make one more requirement for procurement participants. The amount of security for the application will depend on the NMCC, and security can be required for purchases of up to 5 million rubles.New requirements for procurement participants
A clause has been added to the uniform requirements for procurement participants. Each supplier, performer or contractor must confirm that the law does not restrict it from participating in the procurement. The participant declares the status and confirms that he meets the requirement on the electronic platform. The customer establishes the requirement in the notice and documentation.The notice has been supplemented with a list of mandatory information
Article 42 of Law No. 44-FZ states what information must be included in the procurement notice. The list of information has been supplemented. The notice must include, among other things:- a specific part of Article 15 of Law No. 44-FZ - when you carry out procurement under parts 4-6 of Article 15 of Law No. 44-FZ. If you are purchasing under parts 5 and 6 of Article 15 of Law No. 44-FZ, attach copies of the contracts or agreements referred to in these parts to the notice;
- benefits for penal system enterprises and organizations of disabled people (parts 28 and 29 of Law No. 44-FZ);
- prohibitions, restrictions and conditions of admission;
- information on procurement under the state defense order.
Securing applications Application security is not established:
- the customer does not have the right to demand that an application be secured when conducting a competition or auction with NMCC up to 1 million rubles.
- State institutions, if they are procurement participants, are exempt from securing the application.
For SMP and SONO, the special regime with security ceases to apply. As amended by Law No. 44-FZ, until July 1, the maximum amount of security for such participants is no more than 2 percent of the NMCC (Part 15, Article 44 of Law No. 44-FZ).
Cases when it is necessary to allocate lots in a purchase
The customer has the right to divide the purchase into lots, but this is prohibited when conducting a request for quotation, request for proposals, as well as electronic procurement - closed or open. Only paper competitions and closed auctions can be divided into lots.When you select lots, for each lot you separately indicate:
- object of purchase;
- NMCC and its rationale;
- the amount of security for the application when the requirement was established;
- terms and other conditions of product delivery.
Information that must be included in the contract
We have added mandatory information that must be included in the contract from July 1, 2018. The reporting rules for contracts have been adjusted.
Contract
The participant submits an application for a specific lot. The parties enter into a separate contract for each lot.
The government has the right to determine requirements for the formation of lots when purchasing certain types of goods, works, and services.
Entering information into the register of unscrupulous suppliers
The rules by which information is sent to the register of unscrupulous suppliers have been changed. If the only participant in a failed competitive procurement evades the deal, send the information to the RNP within three working days. The deadline starts from the day the participant is found to have evaded.- The contract must include a condition under which the customer will reduce the amount of payment for taxes, fees and other obligatory payments to the budget when required by law. The rule applies to individuals, individual entrepreneurs and legal entities who participate in the procurement.
- The government has the right to establish a procedure for determining the minimum period for the counterparty to fulfill the contract.
We have increased the deadline for posting information to the contract register
The deadline for posting contract information to the contract register has been increased by two working days. From July 1, 2018, customers have the right to send such information to the register within five working days, rather than three, as previously.
Rules for changing and terminating the contract
The requirement to publish information about a change or termination of a contract in the Unified Information System the next day after the contract was changed or terminated. Changes or termination of the contract are made within 5 working days. This deadline is also set for entering information about the contract into the register of contracts.Contract reporting
The order in which a report on the stages of contract execution is prepared has been changed.1. The contract was concluded for work on the construction, reconstruction, major repairs of capital construction projects, and the preservation of cultural heritage sites.
2. The contract price exceeds 1 billion rubles.
In other cases, there is no need to report on milestones from July 1, 2018.
Control and appeal
Some of the information that controllers check was excluded from Law No. 44-FZ. The list of procedures that a procurement participant has the right to appeal has been expanded.The Treasury, financial control bodies of regions and municipalities, and management bodies of state extra-budgetary funds will not verify information in procurement protocols and procurement documentation from July 1, 2018.
The appeal procedure from July 1, 2018
The rules by which you can appeal against a customer’s actions have been changed. A participant has the right to file a complaint in paper procedures, including a request for quotation, at any time from the date on which the customer published a notice or sent invitations to a closed procurement. Previously, the deadline was counted from the date of publication of the procurement plan in the Unified Information System and only the provisions of the documentation were appealed.We expanded the list of electronic procedures, including closed ones, under which the participant has the right to appeal the actions of the customer. Added:
- open and closed competition in electronic form;
- competition with limited participation in electronic form, including closed ones;
- two-stage competition in electronic form, including closed;
- closed auction in electronic form;
- request for quotes in electronic form;
- request for proposals in electronic form.
Changes to 44-FZ since 2019
New terms
New definitions were introduced into Law No. 44-FZ: electronic platform, operator of an electronic platform, specialized electronic platform, operator of a specialized electronic platform. The terms define the requirements for the operator’s organizational and legal form, the share of foreign participation, and the information security of the functioning of software and hardware. The concept of the refinancing rate was replaced by the key rate of the Central Bank. The unqualified signature was replaced with a qualified one.
- From January 1, 2019, customers are required to purchase products only through electronic procedures
- Participants will be required to register in the EIS.
- The state information system will operate in a unified information system and on an electronic platform.
Participants must register in the Unified Information System
Procurement participants must register in the Unified Information System. Then, within one day, information about the participants goes to all electronic platforms that were selected for procurement under Law No. 44-FZ. The participant is registered in the EIS and accredited on the site for three years. It will be possible to re-register no earlier than six months before the expiration of the registration period. The system will notify the supplier four months in advance that the deadline is about to expire. Three months before the end of the registration period, a participant who has not completed re-registration will not be able to submit applications.
Participants who register in the EIS will be included in the register of suppliers. The register will be maintained in the Unified Information System from January 1, 2019.
Terms of accreditation for electronic signature
| From July 1, 2018 to January 1, 2019 | The procedure for accreditation of participants on the electronic platform is the same |
| From January 1, 2019 | The old procedure for accreditation of participants on the electronic platform will no longer apply. Article 61 of Law No. 44-FZ will become invalid |
| From January 1, 2019 to December 31, 2019 | Participants who are accredited on electronic platforms are required to register in the EIS |
| From January 1, 2019 | The participant will be able to get accredited on the electronic platform only after registering in the EIS |
| From January 1, 2020 | Registers of electronic auction participants maintained by electronic platforms will cease to operate |
New information system
A new state information system will be launched in the UIS and on electronic platforms. The system is needed to monitor and record the actions and inactions of participants and customers. The system’s task, among other things, is to monitor the performance of the UIS and the electronic platform. In real time, the system will record the actions and inaction of participants and customers in the UIS and on the electronic platform, and conduct video recording. Who will be responsible for the operation of the new system will be determined by the Government. The system will begin operating on October 1, 2019.
Changes to 223-FZ from July 1
Table with a brief description of changes in Federal Law 223 from July 1, 2018| What's changed | Brief description of changes |
| Procurement methods | We expanded the list of competitive procurements: a request for quotations and a request for proposals were added to the competition and auction. We determined which procurement is competitive. We regulated electronic procurement, which will take place on electronic platforms. Non-competitive purchases included purchases from the supplier and any other purchases that the customer writes in the purchase regulations |
| Supplier selection | Customers will conduct purchases according to new rules. Thus, trademarks cannot be indicated in the description of the item being purchased. In exceptional cases, you can write a trademark, but with the phrase “or equivalent.” It is possible to demand to secure an application only if the initial (maximum) contract price is from 5 million rubles. The amount of security is up to 5 percent of NMCD. The deadlines for publishing notices and concluding contracts have been changed |
| Rules for purchasing from SMEs | Customers will make purchases from SMEs only in electronic form on electronic platforms approved by the Government. The time frame for publishing a notice is reduced compared to procurement on a general basis |
| Work according to Law No. 44-FZ | Customers will work according to the rules of Law No. 44-FZ if they do not fulfill the obligation to purchase from SMEs, do not publish an annual report on purchases from SMEs, or publish an inaccurate report. At the same time, customers will not apply some of the provisions of Law No. 44-FZ |
| Rules for the work of electronic operators | Only a legal entity can be an operator of an electronic platform. When purchasing among SMEs, purchases will be carried out only on digital signatures from the list of the Government |
| Procurement reporting | Customers will separately report on contracts with food suppliers based on the results of competitive procurement that did not take place. There will be no need to publish monthly reports on purchases from small and medium-sized businesses |
| Judicial appeal | Participants will be able to appeal any actions of the customer. The SME Corporation, regional authorities and organizations created by regional authorities have the right to file a complaint only against customers who are being assessed and monitored |
| Procurement for investment projects | Procurement rules for investment projects will apply if the cost of such a project is from 500 million rubles. The rules do not apply to state corporations, state-owned companies, economic entities in the authorized capital of which the state’s share of participation exceeds 50 percent, and “subsidiaries” of the listed organizations |
| Procurement with approved NMDC | The government will establish lists of goods with an initial (maximum) contract price. If the customer has planned a higher price, he must coordinate the purchase with the Government coordinating body |
The main part of the amendments to Law No. 223-FZ was made by Federal Law No. 505-FZ of December 31, 2017. For a full overview of the changes, read further in the recommendation.
Procurement methods
The two main changes are the expansion of the list of competitive procurement and the establishment of electronic procurement rules. Read more about the innovations.ADDED COMPETITIVE PROCUREMENTS
TO competition And auction added request for proposals And request for quotation. These methods of competitive procurement are called bidding. The customer has the right to conduct all competitive methods on an electronic platform, as well as in a closed form. The list is not exhaustive - the customer has the right to write in the procurement regulations other methods in addition to the four established by Law No. 223-FZ.The procurement is competitive if the customer simultaneously complies with three conditions:
- Publishes procurement information in the Unified Information System or sends invitations to potential participants.
- Ensures competition for the right to conclude a contract based on procurement results.
- Describes the subject of procurement, taking into account the requirements listed below.
WE HAVE DETERMINED THE PROCEDURE FOR COMPETITIVE PROCUREMENT
To conduct a competitive procurement, the customer publishes a notice and documentation in the Unified Information System. When requesting quotes, there is no need to publish documentation. The customer specifies the requirements for participants' applications in the documentation, and when requesting quotes - in the notice.Applicants have the right to submit only one application, and in case of multi-lot procurement - one application for each lot. Before the customer finishes accepting applications, the participant has the right to change or withdraw the application.
Any participant has the right to ask for clarification of the notice and documentation. The response must be published in the Unified Information System within three working days from the date the request was received. The customer has the right not to respond to requests received later than three business days before the deadline for submitting applications. Explanations cannot change the essence of the documentation.
The customer has the right to cancel the purchase before he finishes accepting applications. The decision to cancel must be published in the EIS.
To select a supplier, the customer creates a purchasing committee. Procurement records must be kept for at least three years.
WE HAVE ESTABLISHED REQUIREMENTS FOR PURCHASE FROM A FOOD SUPPLIER
Customers will publish information about procurement from the supplier in the Unified Information System only if they provide for such an obligation in the procurement regulations. Also in the regulations it is necessary to write down the procedure for such a purchase and a complete list of cases when the customer has the right to conclude a contract with the supplier. Recommendations will help you carry out procurement from food suppliers and other non-competitive procedures.DESCRIBED THE PROCEDURE FOR ELECTRONIC PURCHASING
With electronic procurement, all document flow will take place on electronic platforms. Through the electronic signature, participants will submit applications, send requests for clarifications of documentation, and customers will publish clarifications in the Unified Information System, gain access to applications, and create draft protocols. The operation of the electronic platform will be provided by the operator. The customer, participant and operator of the electronic platform sign documents with an enhanced qualified electronic signature. To participate in the procurement, the participant will be accredited to the electronic signature.To change or withdraw an application, the participant sends a notification to the operator of the electronic platform. This can be done no later than the closing date for applications. For more information about e-procurement, see the recommendations.
CLOSED PROCUREMENTS WERE REGULATED
Customers have the right to conduct any competitive procurement in a closed manner. A closed form is chosen if information about the procurement is a state secret or the information is not published in the Unified Information System by decision of the Government or the Government’s coordinating body for procurement within investment projects.Information about closed procurement is not published in the Unified Information System. The customer sends invitations to participate in the procurement to at least two possible participants. The participant submits the application in a sealed envelope. How to conduct closed procurements in electronic form will be determined by the Government.
Supplier selection
Customers will be required to describe the item of purchase according to the rules. The deadlines for publishing notices are tied to procurement methods. Read on to see what else has changed.WE HAVE APPROVED THE RULES FOR DESCRIPTION OF THE SUBJECT OF PROCUREMENT
Customers will describe the procurement object according to rules that are similar to the provisions of Law No. 44-FZ. It is necessary to write the functional, technical, quality and operational characteristics of the product, work or service.It will not be possible to indicate trademarks, service marks, trade names, patents, utility models, industrial designs, or the country of origin of the goods. Exception: There is no other way to accurately describe the product. The phrase “or equivalent” must be used. There is no need to indicate equivalence in cases where the customer purchases:
- products and it is necessary to ensure compatibility with the product that the customer already has;
- spare parts for machines and equipment that the customer already has;
- goods to fulfill a contract under Law No. 44-FZ;
- goods, works or services under international agreements or customer agreements under Law No. 223-FZ, which provide for specific brands of goods.
THE RULES HAVE BEEN CHANGED BY WHICH NMDC ARE INDICATED
Customers will indicate the initial (maximum) contract price in the notice and documentation in one of three ways:
- initial (maximum) contract price (NMCP);
- price formula and maximum value of the contract price;
- unit price of a product, work or service and the maximum value of the contract price.
HAVE ESTABLISHED REQUIREMENTS FOR SECURING APPLICATIONS
If the customer requires the application to be secured, then the conditions must be written in the notice and documentation. The customer will specify how to secure the application in the procurement regulations. This may be a cash deposit, a bank guarantee and other methods under the Civil Code. The participant himself chooses the method from those installed by the customer. In addition to a bank guarantee and collateral, it is possible to secure obligations with a penalty, withholding of an item, a guarantee, a deposit, a security deposit or in another way (clause 1 of Article 329 of the Civil Code).
The customer has the right to establish security if the initial (maximum) price of the contract exceeds 5 million rubles. The amount of the application security should not exceed 5 percent of the NMDC.
The customer will not return the security if the winner of the purchase does not enter into an agreement or does not provide security for the agreement (if it is provided for in the notice).
CHANGED INFORMATION IN THE NOTICE AND DOCUMENTATION
The following was added to the information that the customer will be required to provide in the notice from July 1, 2018:- address of the electronic platform for competitive procurement;
- deadline and procedure for submitting procurement applications;
- the order in which the customer summarizes the results of the procurement (purchase stages);
- description of the procurement object in accordance with the rules described above.
- requirements for participants and subcontractors when purchasing work on the design, construction, modernization and repair of particularly dangerous, technically complex capital construction facilities and products related to the use of nuclear energy;
- description of the subject of purchase in accordance with the rules described above.
They will change the procedure in which amendments are made to the notice and documentation. If the customer changes the notice and documentation, it is necessary that after publication of the amendments, at least half of the deadline for submitting applications remains in accordance with the procurement regulations. Let's say they published a notice about the auction on July 2. Applications are accepted for 15 calendar days, that is, until July 18. On the 16th the documentation was changed. The deadline must be extended by at least 8 calendar days, that is, until July 26.
THE DATES FOR PUBLICATION OF NOTICES HAVE CHANGED
The time frame within which customers will publish a notice in the Unified Information System depends on the procurement method. The period must be counted from the date of publication of the notice until the date when you finish accepting applications, and in the case of a request for proposals - when you complete the request. The deadlines for procurement from SMEs and for procurement on a general basis are different.| Purchasing method | Minimum period for general purchases | Minimum period for purchasing from SMEs |
| Contest | 15 calendar days | Seven calendar days for NMCD up to 30 million rubles, 15 calendar days for NMCD above 30 million rubles. |
| Auction | ||
| Request for proposals | Seven working days | Five working days, NMCD should not exceed 15 million rubles. |
| Request for quotation | Five working days | Four working days, NMCD should not exceed 7 million rubles. |
Currently, the customer must give participants at least 20 calendar days to submit applications. The rule applies only to competitions and auctions. The deadlines for competitive purchases that are not tenders are set by the customer in the regulations (Part 2 of Article 3 of Law No. 223-FZ).
ESTABLISHED REQUIREMENTS FOR THE CONTENT OF PROTOCOLS
Customers will draw up two types of protocols: for each stage of the procurement and for the results of choosing a supplier (final protocol).See the table for information that needs to be included in the protocols.
| Protocol of the procurement stage | Final protocol |
| Date of signing the protocol. Results of consideration of applications (if the customer is reviewing applications at the stage). The results of the evaluation of applications with the final decision of the commission on whether the applications meet the documentation requirements. |
Date of signing the protocol. Number of applications, date and time of registration of each application. Name or full name of the participant with whom the customer will enter into an agreement. Application numbers in decreasing order of profitability of participants' proposals. Results of consideration of applications. Application evaluation results. Reasons why the purchase did not take place (if necessary). Other information according to the procurement regulations |
WE DEFINED THE PROCEDURE FOR CONCLUSION OF THE AGREEMENT
The parties will enter into an agreement no earlier than 10 and no later than 20 calendar days from the date on which the customer published the final protocol in the Unified Information System. Another deadline applies if the participant has appealed the purchase to the Federal Antimonopoly Service or if the customer needs approval from the governing body. In this case, the parties sign the agreement no later than five working days from the date the customer received approval or the antimonopoly authority made a decision. Based on the results of competitive procurement, the customer will be able to conclude contracts with several participants in the cases provided for in the procurement regulations. For example, an agreement with several contractors for research and development work.
Rules for purchasing from SMEs
Customers will make purchases among small and medium-sized businesses only in electronic form. When purchasing from SMEs, the customer has the right to hold a competition in stages at which:- discuss product characteristics with participants to clarify them;
- will discuss proposals from participants in order to clarify product characteristics;
- will review and evaluate applications;
- will conduct qualifying selection;
- will compare additional price offers from participants.
The customer has the right to include a qualification selection stage in the auction and request for proposals, the terms of which must be written in the documentation. When requesting quotes, customers will not conduct a qualifying selection process.
The participant has the right to provide security for the application in the form of a cash deposit or a bank guarantee. Other forms of security for procurement among SMEs are not provided. In this case, the applicant deposits the money not into the customer’s account, but into a special account, which is opened in a bank from the list of the Ministry of Finance.
Applications for the competition, auction and request for proposals will consist of two parts and a price proposal. In the first part, the SME describes the products. In the second, he indicates information about himself, describes the consumer properties of the product, and provides other conditions for the execution of the contract.
The contract between the customer and the SME will be concluded on an electronic platform. The winner has the right to send a protocol of disagreements to the customer, also through an electronic platform. Read more about e-procurement from SMEs in the recommendations.
Operating procedure according to 44-FZ
Customers who have not fulfilled their purchase obligations from SMEs work under Law No. 44-FZ. From July 1, violators will not apply all provisions of Law No. 44-FZ, but only:- justify the contract price;
- choose a procurement method;
- purchase goods, works and services from SMP and SONO;
- make demands on participants;
- evaluate applications;
- create a purchasing commission;
- choose a supplier;
- send information about participants to the FAS for inclusion in the register of unscrupulous suppliers;
- conclude contracts with food suppliers according to the rules of Part 1 of Article 93 of Law No. 44-FZ.
Requirements for electronic platform operators
The operation of the electronic platform will be provided by the operator. An electronic digital signature operator can only be a legal entity in the form of a limited liability company or a non-public joint stock company. In the authorized capital of a legal entity, the share of foreign citizens or stateless persons, foreign legal entities should be no more than 25 percent. The operator must own the electronic platform, including the equipment and programs necessary for the operation of the electronic platform.The operator of the electronic platform ensures the secrecy of documents that it receives from the participant and transfers to the customer. Negotiations between the customer and the operator of the electronic platform are prohibited, but only if such negotiations create advantages for any of the participants or confidential information is disclosed.
The requirements for site operators when purchasing among SMEs are different. Such sites will operate in accordance with the rules of Law No. 44-FZ, taking into account additional requirements that will be established by the Government. There are currently six operating sites, but the exact list will be determined by the Government.
Procurement reporting
From July 1, 2018, there is no need to publish monthly reports on purchases from small and medium-sized businesses. In the UIS, customers place information on the quantity and cost of contracts based on the results of all purchases, purchases from the supplier, as well as contracts with the supplier based on the results of a failed purchase.The procedure for judicial appeal
The participant has the right to appeal any actions of the customer in court. The SME Corporation, regional authorities and organizations created by them will be able to file a complaint only if the customer:- conducts procurement in violation of Law No. 223-FZ or procurement regulations;
- made demands on participants that were not provided for in the procurement documentation;
- did not approve and publish the procurement regulations in the Unified Information System and conducted the procurement not in accordance with the rules of Law No. 44-FZ;
- did not publish an annual report on purchases from SMEs in the Unified Information System or posted false information.
They will introduce a new basis for a complaint to the FAS - violation of Law No. 223-FZ by the operator of the electronic platform. Only the procurement participant has the right to contact the antimonopoly authority on this basis.
Procurement for investment projects
The new procurement rules for investment projects apply subject to the simultaneous fulfillment of two conditions:- The customer is implementing an investment project with government support, and the project includes a list of investment projects.
- The cost of the investment project is at least 500 million rubles.
- state corporations;
- state-owned companies;
The changes come into force on June 30, 2018.
Procurement with approved NMDC
The government will establish lists of goods with an initial (maximum) contract price. If the customer has planned a higher price, he must coordinate the purchase with the Government coordinating body. It is also necessary to purchase, in agreement with the coordinating body, works, services and rent if the counterparty will use goods from the list.The rules apply to the following customers:
- state corporations;
- state-owned companies;
- economic entities in the authorized capital of which the state's share exceeds 50 percent;
- subsidiary business companies, in the authorized capital of which more than 50 percent belongs to the listed legal entities.
