The government will facilitate the procurement of selected Federal

The government in coordination with the presidential administration drew up a list of Federal unitary enterprises (FSUE), which for the procurement of goods and services will be allowed to be guided by “soft” law on procurement (FZ-223), but not strictly regulating all the procedures of the law on the contract system (44-FZ). The list will include Federal state unitary enterprises, which “are essential to ensure the rights and legitimate interests of citizens” and for “the defense and security of the state”, said the text amendment. Wednesday, December 14, it was approved by the relevant Duma Committee on economic policy, now it will have to consider the whole Council.

Blurred criteria

The amendment included in the bill, which was supposed to withdraw from the operation of more stringent law on procurement of state enterprises belonging to the category media. The state media, with the status of Federal state unitary enterprises (RTR, MIA “Russia today”), along with other state-owned enterprises will be subject to “hard” law on the contract system from 1 January 2017. But the need to follow all the procedures in the act will deprive them of the ability to respond quickly to events in the world and will need to compete with non-state media, explained the need for the adoption of the law its authors — a member of the Duma Committee on security Anton Guetta and Chairman of the Committee on information policy Leonid Levin. The right to approve the list of state media, who will be able to continue to operate under “soft” law on procurement, the authors of the initiative proposed the President. In this form the bill was passed by the Duma in the first reading in early November.

Amendments to the second reading of the document almost completely changed the text of the bill, significantly expanding its scope. Now in the list exempted from having to fulfill the requirements of hard law procurement will be inclusive of any Federal, celebrates two of the interlocutor in the state Duma. In particular, government media, direct references to which are excluded from the bill, can go through this list and as state-owned enterprises, “which are essential to ensure the rights and legitimate interests of citizens,” and as important “for the security of the state” illustrated the possibilities of language, one of the interlocutors.

Due to the upcoming transfer of unitary enterprises with the 223-FZ, 44-FZ risks arose because the law “is quite rigid and does not allow for quick treatment, or choose a contractor without competition” says the CEO of the electronic trading system “TEK-Torg” Dmitry Sytin. In the case of enterprises related to defense and security, not only the price but also the flexibility of the procedures, he explains the logic of the legislators. However, the wording about the significance of the Federal rights and interests of citizens, the vague: “Probably will be subsequent clarifications and further adjustments of the law.” In the present embodiment, it is possible to bring “a lot of organizations,” says Sytin.

Two laws

“Hard” law on the contract system, in particular, requires compliance with specific deadlines for each procurement procedure. “Soft” law on procurement by certain types of legal entities (223-FZ) such requirements does not contain. Soft law in procurement have the right to be guided, in particular, state corporations and state-owned companies, state-owned enterprises considered to be natural monopolies. The same law until recently was guided by and Federal, but last summer the government and the Duma decided to oblige this category of state-owned enterprises to follow the “hard” law.

Legislative precedent

Under the amended bill, the list of exempt from the strict procurement procedures of the Federal state unitary enterprises will adopt the government, not the President. But to reconcile this list to the Cabinet of Ministers will be the President’s administration. The interlocutors in the state Duma are unable to remember where the presidential administration is first mentioned in the legislation. The presidential administration is not described in the legislation, recalled one of the sources . He questioned the legal literacy of the inclusion of such requirements in the law.

On the website of the Kremlin administration of the President is defined as the entity that provides the President and monitors the implementation of its decisions. The Constitution says nothing about the status of the presidential administration, only gives the President the right to shape it. According to the regulation of AP-approved by President Vladimir Putin, his administration has no authority to “approve” the projects developed by the government — it can only “interact” with the government on various issues or “propose” to the Cabinet of Ministers to develop certain projects of laws.

The amendments signed by the head of Committee on ekonompolitike, headed by the first Vice-President Vladimir Gutenev. But in reality, in changing the bill was presidential administration, you know two of the interlocutor in the state Duma.