Federal Law of April 5, 2013 No. 44-FZ
RUSSIAN FEDERATION
THE FEDERAL LAW
On the contract system in the field of procurement of goods, works, services to meet state and municipal needs
Adopted by the State Duma on March 22, 2013
Approved by the Federation Council on March 27, 2013
(As amended by federal laws dated July 2, 2013 No. 188-FZ, dated December 28, 2013 No. 396-FZ, dated June 4, 2014 No. 140-FZ, dated July 21, 2014 No. 224-FZ, dated November 24, 2014 No. 356-FZ, dated December 1, 2014 No. 416-FZ, dated December 29, 2014 No. 458-FZ, dated December 31, 2014 No. 498-FZ, dated December 31, 2014 No. 519-FZ, dated March 8, 2015 No. 23-FZ, dated March 8, 2015 No. 48-FZ, dated 04/06/2015 No. 82-FZ, dated 06/29/2015 No. 188-FZ, dated 06/29/2015 No. 210-FZ, dated 07/13/2015 No. 216-FZ, dated 07/13/2015 No. 220-FZ, dated 07/13/2015 No. 226-FZ, dated 07/13/2015 No. 227-FZ, dated 07/13/2015 No. 249-FZ, dated 12/29/2015 No. 390-FZ, dated 12/30/2015 No. 469-FZ, dated 03/09/2016 No. 66 -FZ, dated 04/05/2016 No. 96-FZ, dated 04/05/2016 No. 104-FZ, dated 06/02/2016 No. 167-FZ, dated 06/23/2016 No. 203-FZ, dated 06/23/2016 No. 221-FZ, dated 03.07 .2016 No. 266-FZ, dated 07/03/2016 No. 314-FZ, dated 07/03/2016 No. 320-FZ, dated 07/03/2016 No. 321-FZ, dated 07/03/2016 No. 365-FZ, dated 12/28/2016 No. 474- Federal Law, dated December 28, 2016 No. 489-FZ, dated December 28, 2016 No. 500-FZ, dated February 22, 2017 No. 17-FZ, dated March 28, 2017 No. 36-FZ, dated March 28, 2017 No. 45-FZ, dated May 1. 2017 No. 83-FZ, dated 06/07/2017 No. 106-FZ, dated 06/07/2017 No. 108-FZ, dated 07/26/2017 No. 198-FZ, dated 07/26/2017 No. 211-FZ, dated 07/29/2017 No. 231-FZ , dated July 29, 2017 No. 267-FZ, dated December 29, 2017 No. 475-FZ, dated December 31, 2017 No. 503-FZ, dated December 31, 2017 No. 504-FZ, dated December 31, 2017 No. 506-FZ, dated April 23, 2018 No. 108-FZ, dated June 29, 2018 No. 174-FZ, dated July 29, 2018 No. 267-FZ, dated July 29, 2018 No. 272-FZ, dated August 3, 2018 No. 311-FZ, dated October 30, 2018 No. 393-FZ, dated December 27, 2018 No. 502-FZ, dated December 27, 2018 No. 512-FZ, dated December 27, 2018 No. 518-FZ, dated April 1, 2019 No. 50-FZ, dated May 1, 2019 No. 69-FZ, dated May 1, 2019 No. 70-FZ, dated 01.05.2019 No. 71-FZ, dated 27.06.2019 No. 151-FZ, dated 27.06.2019 No. 152-FZ, dated 27.12.2019 No. 449-FZ, dated 27.12.2019 No. 469-FZ, dated 02/27/2020 No. 27-FZ, dated 04/01/2020 No. 98-FZ, dated 04/04/2020 No. 107-FZ, dated 04/24/2020 No. 124-FZ, dated 06/08/2020 No. 180-FZ, dated 07/31/2020 No. 249 -FZ, dated December 8, 2020 No. 429-FZ, dated December 22, 2020 No. 435-FZ, dated December 30, 2020 No. 494-FZ, dated December 30, 2020 No. 501-FZ, dated December 30, 2020 No. 539-FZ, dated February 24 .2021 No. 20-FZ)
Chapter 1. General provisions
Article 1. Scope of application of this Federal Law
1. This Federal Law regulates relations aimed at meeting state and municipal needs in order to increase the efficiency and effectiveness of procurement of goods, works, services, ensure openness and transparency of such procurement, prevent corruption and other abuses in the field of such procurement, in part, concerning:
1) planning the procurement of goods, works, services;
2) determination of suppliers (contractors, performers);
3) conclusion of contracts provided for by this Federal Law; (As amended by Federal Law No. 449-FZ dated December 27, 2019)
4) features of contract execution;
5) monitoring the procurement of goods, works, services;
6) audit in the field of procurement of goods, works, services;
7) control over compliance with the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as control in the field of procurement).
2. This Federal Law does not apply to relations related to:
1) provision of services by international financial organizations created in accordance with international treaties to which the Russian Federation is a party, as well as international financial organizations with which the Russian Federation has concluded international treaties;
2) purchase of goods, works, services to ensure the safety of persons subject to state protection, in accordance with the Federal Law of August 20, 2004 No. 119-FZ “On State Protection of Victims, Witnesses and Other Participants in Criminal Proceedings” and the Federal Law of April 20 1995 No. 45-FZ “On state protection of judges, officials of law enforcement and regulatory authorities”;
3) purchase of precious metals and precious stones to replenish the State Fund of Precious Metals and Precious Stones of the Russian Federation and the State Funds of Precious Metals and Precious Stones of the relevant constituent entities of the Russian Federation, in the territories of which precious metals and precious stones were mined; (Clause introduced - Federal Law dated December 28, 2013 No. 396-FZ; as amended by Federal Law dated June 23, 2016 No. 203-FZ)
4) appointment of a lawyer by the inquiry body, the preliminary investigation body, the court to participate as a defense attorney in criminal proceedings in accordance with the Criminal Procedure Code of the Russian Federation or by the court to participate as a representative in civil proceedings in accordance with the Civil Procedure Code of the Russian Federation or in administrative legal proceedings in accordance with the Code of Administrative Proceedings of the Russian Federation; (Clause introduced - Federal Law dated December 28, 2013 No. 396-FZ; as amended by Federal Law dated March 8, 2015 No. 23-FZ)
5) engaging a lawyer to provide free legal assistance to citizens in accordance with Federal Law No. 324-FZ of November 21, 2011 “On Free Legal Assistance in the Russian Federation”; (Clause introduced - Federal Law dated December 28, 2013 No. 396-FZ)
6) purchase of goods, works, services by precinct election commissions, territorial election commissions, including when they are vested with the powers of another election commission, district election commissions, election commissions of municipalities (with the exception of election commissions of municipalities that are administrative centers (capitals) subjects of the Russian Federation) in pursuance of the powers provided for by the legislation of the Russian Federation on elections and referendums, as well as in preparation for the conduct of an all-Russian vote; (Clause introduced - Federal Law dated 06/04/2014 No. 140-FZ) (As amended by Federal Law dated 02/27/2020 No. 27-FZ)
(From January 1, 2021, the provisions of this paragraph apply in the wording that was in force before the entry into force of Federal Law No. 27-FZ dated February 27, 2020)
7) involvement by election commissions, referendum commissions of citizens in the performance of work and provision of services related to ensuring the powers of election commissions, referendum commissions during the preparation and conduct of elections, referendum, in preparation for the conduct of all-Russian voting, under civil contracts concluded with individuals , in accordance with the Federal Law of June 12, 2002 No. 67-FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation”; (Clause introduced - Federal Law dated 03/09/2016 No. 66-FZ) (As amended by Federal Law dated 02/27/2020 No. 27-FZ)
(From January 1, 2021, the provisions of this paragraph apply in the wording that was in force before the entry into force of Federal Law No. 27-FZ dated February 27, 2020)
implementation of construction control during the construction, reconstruction and (or) major repairs of infrastructure facilities intended for the preparation and holding of the 2021 FIFA World Cup and the 2017 FIFA Confederations Cup, procurement of goods, works, services related to the production, accounting, issuance , replacement, use and support (ensuring) the functioning of personalized spectator cards for the 2021 FIFA World Cup and the 2021 FIFA Confederations Cup, the creation and operation of the necessary information systems, the creation and operation of communications and information technologies in accordance with the Federal Law of June 7 2013 No. 108-FZ “On the preparation and holding in the Russian Federation of the 2021 FIFA World Cup, the 2021 FIFA Confederations Cup and amendments to certain legislative acts of the Russian Federation”; (Clause introduced by Federal Law No. 266-FZ dated July 3, 2016, the provisions of the clause apply until July 30, 2021 inclusive) (As amended by Federal Law No. 475-FZ dated December 29, 2017)
9) procurement of goods, works, services by the Central Election Commission of the Russian Federation, election commissions of the constituent entities of the Russian Federation, including when the powers of the district election commission are vested in them, during elections to federal bodies of state power, in preparation for the all-Russian vote; (Clause introduced - Federal Law dated December 28, 2016 No. 474-FZ) (As amended by Federal Law dated February 27, 2020 No. 27-FZ)
(From January 1, 2021, the provisions of this paragraph apply in the wording that was in force before the entry into force of Federal Law No. 27-FZ dated February 27, 2020)
10) collection by the operator of an electronic platform, operator of a specialized electronic platform in accordance with Part 4 of Article 241 of this Federal Law; (Clause introduced - Federal Law dated December 31, 2017 No. 504-FZ)
11) concluding an agreement on the establishment of an easement in cases and in the manner provided for by land legislation. (Clause introduced - Federal Law dated December 27, 2019 No. 449-FZ)
3. Features of the regulation of relations specified in Part 1 of this article, in cases provided for by this Federal Law, may be established by separate federal laws. (As amended by Federal Law No. 396-FZ dated December 28, 2013)
Article 2. Legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of goods, works, services to meet state and municipal needs
1. The legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as the legislation of the Russian Federation on the contract system in the field of procurement) is based on the provisions of the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Budget Code of the Russian Federation Federation and consists of this Federal Law and other federal laws governing the relations specified in Part 1 of Article 1 of this Federal Law. The rules of law contained in other federal laws and regulating these relations must comply with this Federal Law.
2. In cases provided for by the legislation of the Russian Federation on the contract system in the field of procurement, the President of the Russian Federation, the Government of the Russian Federation, federal executive authorities, the State Atomic Energy Corporation Rosatom, the State Corporation for Space Activities Roscosmos have the right to adopt regulatory legal acts regulating the relations specified in Part 1 of Article 1 of this Federal Law (hereinafter referred to as regulatory legal acts on the contract system in the field of procurement). (As amended by Federal Law No. 216-FZ dated July 13, 2015)
3. State authorities of the constituent entities of the Russian Federation, local governments, in accordance with their competence in cases provided for by the legislation of the Russian Federation on the contract system in the field of procurement, adopt legal acts regulating the relations specified in Part 1 of Article 1 of this Federal Law. These legal acts must comply with the regulatory legal acts specified in parts 1 and 2 of this article.
4. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty apply.
41. Decisions of interstate bodies adopted on the basis of the provisions of international treaties of the Russian Federation in their interpretation, contrary to the Constitution of the Russian Federation, are not subject to execution in the Russian Federation. Such a contradiction may be established in the manner prescribed by federal constitutional law. (Part introduced - Federal Law No. 429-FZ dated 08.12.2020)
5. Federal laws amending the provisions of this Federal Law regarding planning of procurement of goods, works, services, identification of suppliers (contractors, performers), including the establishment of new ways of identifying suppliers (contractors, performers), control in the field of procurement, monitoring procurement of goods, works, services, audit in the field of procurement of goods, works, services, come into force on January 1 of the next calendar year following the year of their adoption, with the exception of cases of their adoption after October 1 of the current calendar year, in which such federal laws come into force on January 1 of the year following the next calendar year. (Part introduced - Federal Law No. 124-FZ dated April 24, 2020)
Article 3. Basic concepts used in this Federal Law
1. For the purposes of this Federal Law, the following basic concepts are used: (As amended by Federal Law No. 502-FZ dated December 27, 2018)
1) contract system in the field of procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as the contract system in the field of procurement) - a set of participants in the contract system in the field of procurement (federal executive body for regulating the contract system in the field of procurement, executive bodies authorities of the constituent entities of the Russian Federation to regulate the contract system in the field of procurement, other federal executive authorities, state authorities of the constituent entities of the Russian Federation, local government bodies authorized to carry out legal regulation and control in the field of procurement, State Atomic Energy Corporation "Rosatom" , State Corporation for Space Activities "Roscosmos", customers, procurement participants, including those recognized as suppliers (contractors, performers), authorized bodies, authorized institutions, specialized organizations, operators of electronic platforms) and carried out by them, including using a unified information systems in the field of procurement (except for cases where the use of such a unified information system is not provided for by this Federal Law), in accordance with the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of actions aimed at meeting state and municipal needs; (As amended by Federal Law No. 216-FZ dated July 13, 2015)
2) definition of a supplier (contractor, performer) - a set of actions that are carried out by customers in the manner established by this Federal Law, starting with the placement of a notice of the procurement of goods, work, services to meet state needs (federal needs, the needs of a constituent entity of the Russian Federation) or municipal needs or in cases established by this Federal Law from sending an invitation to take part in determining the supplier (contractor, performer) and ending with the conclusion of a contract;
3) purchase of goods, work, services to meet state or municipal needs (hereinafter referred to as procurement) - a set of actions carried out in the manner established by this Federal Law by the customer and aimed at meeting state or municipal needs. The procurement begins with the identification of the supplier (contractor, performer) and ends with the fulfillment of obligations by the parties to the contract. If, in accordance with this Federal Law, there is no provision for posting a notice of procurement or issuing an invitation to participate in determining the supplier (contractor, performer), the procurement begins with the conclusion of a contract and ends with the fulfillment of obligations by the parties to the contract;
4) procurement participant - any legal entity, regardless of its organizational and legal form, form of ownership, location and place of origin of capital, with the exception of a legal entity whose place of registration is the state or territory included in the approved in accordance with subparagraph 1 of paragraph 3 of the article 284 of the Tax Code of the Russian Federation, a list of states and territories that provide preferential tax treatment and (or) do not provide for the disclosure and provision of information when conducting financial transactions (offshore zones) in relation to legal entities (hereinafter referred to as an offshore company), or any individual, in including registered as an individual entrepreneur; (As amended by Federal Law No. 227-FZ dated July 13, 2015)
5) state customer - a state body (including a government body), the State Atomic Energy Corporation "Rosatom", the State Corporation for Space Activities "Roscosmos", public law, the management body of a state extra-budgetary fund or a state government institution, acting on behalf of on behalf of the Russian Federation or a subject of the Russian Federation, authorized to accept budget obligations in accordance with the budget legislation of the Russian Federation on behalf of the Russian Federation or a subject of the Russian Federation and carrying out procurement; (As amended by federal laws dated July 2, 2013 No. 188-FZ, dated July 13, 2015 No. 216-FZ, dated December 22, 2020 No. 435-FZ)
6) municipal customer - a municipal body or a municipal government agency acting on behalf of a municipal entity, authorized to accept budget obligations in accordance with the budgetary legislation of the Russian Federation on behalf of the municipal entity and carrying out procurement;
7) customer - state or municipal customer or, in accordance with parts 1 and 21 of Article 15 of this Federal Law, a budgetary institution, state, municipal unitary enterprise carrying out procurement; (As amended by Federal Law dated July 3, 2016 No. 321-FZ)
state contract, municipal contract - a civil contract, the subject of which is the supply of goods, performance of work, provision of services (including the acquisition of real estate or rental of property) and which is concluded on behalf of the Russian Federation, a subject of the Russian Federation (state contract), municipal education (municipal contract) by a state or municipal customer to meet, respectively, state needs and municipal needs; (As amended by Federal Law No. 449-FZ dated December 27, 2019)
81) contract - a state or municipal contract or civil contract, the subject of which is the supply of goods, performance of work, provision of services (including the acquisition of real estate or rental of property) and which is concluded by a budgetary institution, a state or municipal unitary enterprise or other legal entity a person in accordance with parts 1, 21, 4 and 5 of Article 15 of this Federal Law; (Clause introduced - Federal Law dated December 27, 2019 No. 449-FZ)
82) life cycle contract - a contract providing for the supply of goods or performance of work (including, if necessary, the design of a capital construction project, the design of a product that should be created as a result of the work), subsequent maintenance, if necessary, operation during the service life, repair and (or) disposal of the delivered goods or the capital construction object or goods created as a result of the work; (Clause introduced - Federal Law dated December 27, 2019 No. 449-FZ)
9) unified information system in the field of procurement (hereinafter referred to as the unified information system) - a set of information specified in Part 3 of Article 4 of this Federal Law and contained in databases, information technologies and technical means that ensure the formation, processing, storage of such information
What is a register of bank guarantees
The Register of Bank Guarantees (RBG) is a list of guarantees issued by banks as part of the execution of contracts under 44-FZ “On the Contract System”.
When a bank issues a guarantee, it agrees in writing to pay off the debt of a third party if it fails to comply with the terms of the contract. In procurement, the contractor can provide the customer with a bank guarantee, for example, if he does not have enough own funds to secure the transaction.
Often the supplier runs the risk of receiving a fake BG. Outwardly, it is no different from a real document: a fake is drawn up on official letterhead, certified by a signature and seal. But, despite the visual similarity, such a “false document” does not guarantee payments - it contains certain legal loopholes that make it possible to legally refuse to satisfy the customer’s demands.
How to evaluate the content of a document
It must be irrevocable and its content must comply with the requirements of Article 45 of the Contract System Law. Please note that partial commitments are not permitted!
You will find detailed information on this topic in the article with requirements for a bank guarantee.
- Check the bank guarantee under Federal Law 44
Special requirements for the preparation of independent banking security for obligations are presented in Art. 368 Civil Code of Russia. This document must be issued in the form of an official form, it must contain the following:
- place and time of issue;
- information about the principal, beneficiary and guarantor;
- The circumstances must be noted; in case of them, the guarantee amount must be paid.
You can check a bank guarantee with the help of the Central Bank of Russia, for this you need to know the account number, but provided that it is not issued for government procurement. To check the bank guarantee, you can go to the Bank of Russia website and go to the “Information on credit institutions” section. As soon as this action is completed, you need to go to the “Directory of Credit Institutions” section. After the transition, you will need to enter the name of the guarantor bank in the quick search and follow the specified link to the page of this bank. Next, you will need to find the Turnover Data section using the accounting account. Then you will need to select the date that will be the last reporting date. And click on the line “Issued guarantees and sureties”. It is worth remembering that the amount cannot be more than that stated in the guarantee. If this amount is still greater, then we can assume that this document is counterfeit and it was not received at the bank. For more information about the requirements for a bank guarantee, see this article.
- Check the bank guarantee in the register of bank guarantees
Let us remind you that after July 1, 2018, it is impossible to find bank guarantees in the public domain on the UIS. This register continues to exist, but only two parties have access to viewing, which are the bank and the customer. Before the innovations, before signing a contract, it was possible to check in the UIS for the presence of a guarantee that was received in the register. This was required so that a situation would not arise where the customer could claim that the customer was an evader in accordance with paragraph 16 of Art. 83 under number 44 Federal Law. Currently, the supplier can no longer perform this verification of the authenticity of the bank guarantee that it previously received from the bank. Now it will be possible to find out about the authenticity of the guarantee after the customer refuses to enter into a contract.
