The Federal Law dated 05.04.2013 No. 44-FZ "On Contractual System in the Domain of Purchases of Goods, Works and Services for State and Municipal Needs" (hereinafter – the "Law No. 44-FZ") the most of the provisions of which entered into force on 1 January 2014 replaces the Federal Law dated 21.07.2005 No.94-FZ "On Placement of Orders for Procurement of Goods, Works and Services for State and Municipal Needs" (hereinafter – the "Law No. 94-FZ"). Law No. 44-FZ regulates the relations in connection with purchases of goods, works and services for state and municipal needs (hereinafter – the "state procurement") from the stage of their planning through the evaluation of their efficiency.
It provides for the establishment of the contractual system in the domain of the state procurement that comprises the participants of such contractual system (in particular, state and municipal customers, providers and suppliers) and their actions aimed at satisfaction of the state and municipal needs, and introduces material changes to the rules for the state procurement concerning the state and municipal customers as well as other parties participating in the state procurement. Law No. 44-FZ introduces new methods for determination of providers (suppliers) in addition to the methods that were provided for by Law No. 94-FZ, in particular, tender with limited participation, two-stage tender and request for offers. It is established that an open auction may be conducted only in electronic form.The rules for determination of the initial price of a state contract, the rules for appraisal of the bids for participation in the state procurement, the rules for amending and rescission of the state contracts, the rules for supervision over the state and municipal customers are changed. Law No. 44-FZ establishes as well the requirements to performance of the executed contracts. The Federal Law dated 28.12.2013 No. 396-FZ "On Amending Certain Laws of the Russian Federation" which is also effective from 1 January 2014 amends numerous federal laws with the aim to bring them in compliance with Law No. 44-FZ. In particular, amendments to the Federal Law No. 135-FZ dated 26 October 2006 "On Protection of Competition" provide for new antimonopoly requirements to tenders, requests for quotes for the prices of goods, requests for offers as well as the requirements for entering into contacts with financial organizations and with respect to the state and municipal property. Certain provisions of the Code for Administrative Offences of the Russian Federation regarding liability for offences in connection with the state procurement are amended. A number of the decisions of the Government of the Russian Federation and other normative acts adopted for the purposes of implementation of the provisions of Law No. 44-FZ also came into force on 1 January 2014 which, in particular:
The Federal Law No.423-FZ dated 28 December 2013 "On Amending the Federal Law on Protection of Competition" which comes into force on 30 January 2014 abolishes the requirements for notification of the Federal Antimonopoly Service of the Russian Federation (FAS) on entering into transactions and performing other actions provided for by Article 30 of the Federal Law No. 135-FZ dated 26 October 2006 "On Protection of Competition", in particular, the following:
Furthermore, in accordance with the Federal Law No.343-FZ dated 2 December 2013 "On Amending Article 19.8. of the Code for Administrative Offences of the Russian Federation" which came into force on 3 January 2014 the minimum amount of an administrative fine with respect to legal entities for a failure to provide or untimely provision of the required information as well provision of knowingly false information to FAS required under antimonopoly laws is decreased from RUB 300,000 to RUB 50,000.
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