Public associations exercising public control have the right. Public control

The edition of the Law of the Russian Federation “On the Protection of Consumer Rights” dated July 18, 2011 deprived public consumer organizations of carrying out checks to ensure compliance with consumer rights. Unfortunately, despite the fact that inspections are prohibited, there are no fewer public inspectors and they still visit entrepreneurs as public inspectors, since now the Law of the Russian Federation “On the Protection of Consumer Rights” states that “Public associations of consumers ( their associations, unions) in order to implement their statutory goals have the right to:... exercise public control over compliance with consumer rights...". This right of public inspectors, enshrined in the new edition, to visit entrepreneurs with virtually the same verification mission indicates that the matter of public control will continue and therefore it is necessary to understand its essence.
The problem with conducting public control by public consumer organizations has long been well known and lies in the fact that instead of protecting the interests of consumers directly, social activists (or rather, pseudo-social activists) are engaged in the fact that, under various pretexts, they try to obtain money from entrepreneurs, that is, they engage in extortion. Let's look at the whole situation in more detail.
The actions of such pseudo-social organizations, specially created and aimed at making profit, undermine the authority of the entire consumer community and the institution of public control itself. At the same time, public or, as it is also called, civil control is necessary and is a legal tool for protecting, in this case, the consumer market from illegal actions of unscrupulous entrepreneurs who sell goods and food products that are dangerous to the health and lives of citizens.
Visits of public organizations cannot cause any harm to the interests of law-abiding entrepreneurs. Conducting public control and conclusions on them should be perceived as prevention of violations in business and recommendations for eliminating shortcomings, if any. Even if a public organization uses its right to further implement the results of the inspection - to appeal to Rospotrebnadzor, the court, etc., then with the competent work of a lawyer or attorney, all such attacks can be easily removed and will not harm the business. The main advice that can be given here to an entrepreneur who is approached by public organizations is not to pay them anything. Any even insignificant money will fuel their illegal activities. Having received money in one place, the “public inspectors” - the burglars - will act with great impudence at another retail outlet. Thus, the system of corruption in the consumer market is strengthened, and the money paid by entrepreneurs to such pseudo-social activists is still compensated from the wallet of the ordinary consumer, worsening his already difficult situation.
On August 1, 2011, the Federal Law of July 18, 2011 No. 242-FZ “On amendments to certain legislative acts of the Russian Federation on the implementation of state control (supervision) and municipal control” came into force, Article 1 of which amended the Law “ On the protection of consumer rights" (hereinafter referred to as the law).
The new version of the Law significantly expanded the powers of Rospotrebnadzor, as a body exercising state supervision in the field of consumer rights protection, and delegated to public consumer associations the right to monitor compliance with consumer rights by sellers (manufacturers, performers, authorized organizations or authorized individual entrepreneurs, importers).
In introducing a new concept - public control, the Law does not provide its interpretation, does not explain or regulate the procedure, forms and methods of its implementation by public associations of consumers. In this case, the activities of public associations of consumers or public control are carried out based on the general principles and meaning of civil legislation, the requirements of good faith, reasonableness and fairness.
In accordance with the Law “On Public Associations” (No. 82-FZ dated May 19, 1995), a public association is a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests. The public association carries out its activities in accordance with the Charter and is free to determine its internal structure, goals and objectives. The forms and methods of activity of a public association cannot contradict the Charter of the public association and current legislation.
The new version of the Law imposes a number of restrictions on the activities of public consumer associations. Based on the provisions of Article 45 of the Law, it can be argued that public consumer associations are not entitled to:
- carry out checks of compliance by sellers (manufacturers, etc.) with mandatory requirements established by federal laws and other regulations and legal acts governing relations in the field of consumer protection;
- carry out checks1 of compliance of goods (work, services) with mandatory requirements ensuring the safety of goods (work, services) for the life and health of consumers, the environment, checks aimed at preventing actions that mislead consumers, and preventing damage to consumers’ property established in compliance with international treaties of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation;
- carry out sampling and samples of goods intended for sale and sold to consumers, for conducting their research and testing;
- issue orders from sellers (manufacturers, etc.) to stop violations of consumer rights, to stop violations of mandatory requirements, to eliminate identified violations of mandatory requirements, to take measures to ensure the prevention of harm to the life, health and property of consumers, and the environment;
- draw up protocols on administrative offenses in the field of consumer protection, consider cases of these administrative offenses and take measures to prevent such violations.
At the same time, the legislation does not directly prohibit public associations of consumers from the following actions:
- create public control groups that are vested with the appropriate powers provided for by the Charter of the public association;
- at your own expense, carry out a “control” purchase of goods (services), which can subsequently be used as evidence (together with a document certifying the purchase);
- independently make a decision on the further use of the results of public control (application to the seller (performer, etc.) with a proposal to voluntarily eliminate identified violations, informing state supervisory authorities and local governments, contacting the Prosecutor's Office, contacting the media, etc. .).
Public associations of consumers, whose charters provide for the corresponding type of activity and statutory goals, in order to exercise the right to conduct public control over compliance with consumer rights, have the right to carry out any activity not prohibited by law, aimed at identifying and preventing consumer rights. Thus, public consumer organizations, when carrying out their activities, have the right to:
1. Independently determine the form of public control, which can be carried out in the form of direct public control, as well as monitoring, surveys, systematic observation, etc.
2. Carry out public control measures:
- compliance by sellers (manufacturers, etc.) with mandatory requirements established by federal laws and other regulatory legal acts governing relations in the field of consumer protection;
- for the compliance of goods (works, services) for the life and health of consumers and the environment;
- aimed at preventing actions of the seller (manufacturer, etc.) that mislead consumers;
- aimed at preventing sellers (manufacturers, etc.) from causing harm to consumers’ property.
3. Require the seller (manufacturers, etc.) to provide documents (perform actions), the obligation to submit (perform) which, at the request of consumers, is established by law, in particular Art. 10 “On the protection of consumer rights”, rules for the sale of certain types of goods, and other regulatory legal acts regulating relations in the field of consumer rights protection.
4. Document facts indicating violation of consumer rights by drawing up/filling out public control forms, taking photos and videos, and making “control” purchases of goods (services).
5. Notify the seller (manufacturer, etc.) in writing about the results of public control, about violations of legislation in the field of consumer protection identified during the control, and offer to voluntarily eliminate these violations.
6. File a claim for non-obstruction in the implementation of public control in the event of a refusal to carry it out from the seller (manufacturer, etc.)
7. Bring claims to the courts to stop illegal actions of the seller (manufacturer, etc.) in relation to an indefinite number of consumers.
8. On your own initiative, involve the state control (supervision) body in participation in the case to give an opinion on the case in order to protect consumer rights;
9. Send information to the state supervisory authority (Rospotrebnadzor) and local government authorities about facts of violation of consumer rights identified during public control:
- about non-compliance by sellers (manufacturers, etc.) with mandatory requirements established by federal laws and other regulatory legal acts governing relations during public control:
- about non-compliance of goods (works, services) with mandatory requirements ensuring the safety of goods (works, services) for the life and health of consumers and the environment;
- about the actions of the seller (manufacturer, etc.), misleading consumers;
- on preventing sellers (manufacturers, etc.) from causing damage to consumers’ property.
10. Require the state supervision body (Rospotrebnadzor) and local governments to verify the facts identified during public control and, if confirmed, take measures to suppress violations of consumer rights.
11. Disseminate information (including through the media) about the results of public control, if it will contribute to the realization of the rights and legitimate interests of consumers.
12. Submit to the Prosecutor's Office material on bringing to justice persons engaged in the production and sale of goods (performance of work, provision of services) that do not meet the mandatory requirements imposed on them, as well as violating the rights of consumers established by laws and other regulatory legal acts of the Russian Federation .
13. Submit to the Prosecutor's Office and federal executive authorities materials on bringing to justice persons who sell goods and services that do not meet the mandatory requirements for them, as well as violating the rights of consumers established by laws and other regulatory legal acts of the Russian Federation.

Forms of public control

Public control is carried out in the forms of public monitoring, public inspection, public examination, public discussion and public (public) hearing. Public control can be carried out simultaneously in several forms.

1. Public monitoring - constant (systematic) or temporary monitoring of the activities of state authorities, local governments, state and municipal organizations, other bodies and organizations exercising certain public powers in accordance with federal laws Belyaev V.P. Public control in modern Russia // Constitutional and municipal law. - 2013. - No. 6. - P. 2-6.. The organizers are the Public Chamber of the Russian Federation, public chambers of the constituent entities of the Russian Federation, public chambers (councils) of municipalities, public supervisory commissions, public inspections, public associations and other non-governmental non-profit organizations. Public monitoring is carried out publicly and openly using information and telecommunication systems, including the information and telecommunication network "Internet". The procedure for conducting public monitoring and determining its results is established by the organizer of public monitoring. The organizer of public monitoring publishes information about the subject of public monitoring, terms, procedure its conduct and determination of its results in accordance with this Federal Law. Depending on the results of public monitoring, its organizer has the right to initiate a public discussion, public (public) hearings, public inspection, public examination, and in cases provided for by the legislation of the Russian Federation, other public ones. events.

2. Public inspection - a set of actions of a subject of public control to collect and analyze information, verify facts and circumstances relating to the socially significant activities of state authorities, local governments, state and municipal organizations, other bodies and organizations carrying out certain activities in accordance with federal laws public powers, as well as activities affecting the rights and freedoms of man and citizen, the rights and legitimate interests of public associations and other non-governmental non-profit organizations Karpenko O.N. Bureaucracy and public control: new aspects of an old problem // Science of Krasnoyarsk. - 2013. - No. 2. - P. 118 - 136.. The initiators of the public inspection can be the Commissioner for Human Rights in the Russian Federation, the Commissioner under the President of the Russian Federation for Children’s Rights, the Commissioner under the President of the Russian Federation for the Protection of the Rights of Entrepreneurs, Commissioners for the Rights human rights, on the rights of children, on the protection of the rights of entrepreneurs, on the rights of indigenous peoples in the constituent entities of the Russian Federation, the Civic Chamber of the Russian Federation, and in cases provided for by the legislation of the Russian Federation, public chambers of the constituent entities of the Russian Federation, public chambers (councils) of municipalities and others subjects of public control. The procedure for organizing and conducting a public inspection is established by its organizer. The organizer of the public inspection brings to the attention of the head of the body or organization being inspected information about the public inspection, the timing, procedure for its conduct and determination of the results. The period for conducting a public inspection should not exceed thirty days.

3. Public examination - based on the use of special knowledge and (or) experience of specialists involved by the subject of public control to conduct public examination on a voluntary basis, analysis and assessment of acts, draft acts, decisions, draft decisions, documents and other materials, actions (inaction ) government bodies, local government bodies, state and municipal organizations, other bodies and organizations exercising certain public powers in accordance with federal laws, checking the compliance of such acts, draft acts, decisions, draft decisions, documents and other materials with the requirements of the law, and also checking compliance with human and civil rights and freedoms, rights and legitimate interests of public associations and other non-governmental non-profit organizations Belyaev V.P. Public control in modern Russia // Constitutional and municipal law. - 2013. - No. 6. - P. 2-6.. Public examination can be carried out on the initiative of state authorities, local governments, state and municipal organizations, other bodies and organizations exercising certain public powers in accordance with federal laws. The procedure for conducting a public examination is established by its organizer. The period for conducting a public examination cannot exceed one hundred and twenty days from the date of announcement of the public examination, unless otherwise established by federal laws.

4. Public discussion - a public discussion of socially significant issues, used for the purposes of public control, as well as draft decisions of state authorities, local governments, state and municipal organizations, other bodies and organizations exercising certain public powers in accordance with federal laws, with mandatory participation in such a discussion of authorized persons of the specified bodies and organizations, representatives of citizens and public associations whose interests are affected by the relevant decision. The public discussion is conducted with the participation of representatives of various professional and social groups, including persons whose rights and legitimate interests are affected or may be affected by the decision, the draft of which is submitted for public discussion. Public discussion is held publicly and openly. Participants in the public discussion have the right to freely express their opinions and make proposals on issues submitted for public discussion. Public discussion of these issues can be conducted through the media, including through the Internet information and telecommunications network. The procedure for holding a public discussion is established by its organizer.

5. Public (public) hearings - a meeting of citizens organized by a subject of public control, and in cases provided for by the legislation of the Russian Federation, state authorities and local governments, state and municipal organizations, other bodies and organizations carrying out certain activities in accordance with federal laws public powers to discuss issues related to the activities of these bodies and organizations and of particular public importance or affecting the rights and freedoms of man and citizen, the rights and legitimate interests of public associations and other non-governmental non-profit organizations. Public (public) hearings are held in a room suitable for accommodating representatives of various groups of the population, whose rights and legitimate interests are affected by the issues brought up for public (public) hearings. The hearing organizer does not have the right to restrict access to the premises for interested persons or their representatives. Public (public) hearings are held publicly and openly. Participants in public hearings have the right to freely express their opinions and make suggestions and comments on the issue brought up for public hearings. The procedure for holding public (public) hearings and determining their results is established by their organizer.

The determination and publication of the results of public control are carried out by preparing and sending to state authorities, local self-government bodies, state and municipal organizations, other bodies and organizations exercising certain public powers in accordance with federal laws, a final document prepared based on the results of public control. The final document indicates the place and time of public control, tasks of public control, subjects of public control, forms of public control, facts and circumstances established during the implementation of public control, proposals, recommendations and conclusions. Other documents obtained during the implementation of public control are attached to the final document.

Public associations and other non-governmental non-profit organizations, based on the results of public control, have the right to:

1) send to government bodies, local government bodies, state and municipal organizations, other bodies and organizations exercising certain public powers in accordance with federal laws, proposals and recommendations for improving their activities, as well as for eliminating the causes and conditions that contributed to the violation human and civil rights and freedoms, rights and legitimate interests of public associations and other non-governmental non-profit organizations;

2) put forward a public initiative in accordance with the legislation of the Russian Federation;

3) challenge in the manner established by federal law (including in judicial and (or) administrative procedure) regulatory legal acts, decisions and actions (inaction) of state authorities, local governments, state and municipal organizations, other bodies and organizations carrying out in accordance with federal laws, certain public powers. Clause 3 of Article 26 of the Federal Law of July 21, 2014 No. 212-FZ “On the Fundamentals of Public Control in the Russian Federation” // Social Protection of the Russian Federation, July 28, 2014, No. 30 (Part I), Art. 4213;

Subjects of public control make public information about their activities, ongoing public control activities and their results, including posting it on the Internet information and telecommunications network, in the media, and also, if necessary, send information about the results of public control to the authorities prosecutor's office and (or) state authorities and local government bodies, whose competence includes the implementation of state control (supervision) or municipal control over the activities of bodies and (or) organizations in respect of which public control is exercised.

State authorities, local self-government bodies, state and municipal organizations, other bodies and organizations exercising certain public powers in accordance with federal laws are obliged to consider the final documents sent to them, prepared based on the results of public control, and send substantiated answers to the relevant subjects of public control.

Public participation in the planning and implementation of procurement for state and municipal needs in accordance with the Federal Law on the Contract System

Among the main innovations of Federal Law No. 44-FZ is the introduction of a new institution of public participation in the procurement process for state and municipal needs. The law has a strict obligation for the customer to provide a sufficiently wide range of information for the implementation of public control, and also introduces additional cases of discussion of public procurement, in the implementation of which the opinion of the public must be taken into account.

Public participation in the planning and implementation of procurement for state and municipal needs according to the law on the contract system can be divided into two forms: participation in mandatory public discussion of procurement and public control.

Public discussion of procurement

According to the new law, already at the planning stage of a purchase, the public has the right to speak out about its feasibility, discuss its conditions and the starting price. Moreover, procurements that are subject to mandatory public discussion cannot be carried out without such a discussion.

The public will not be able to discuss all purchases, but only the largest ones. During the transition period until 2016, purchases in excess of 1 billion rubles will be subject to mandatory public discussion. But additional cases of discussion may be established at the regional and municipal level.

Thus, at the regional level it is planned to discuss purchases in excess of 100 million rubles, and at the local level, depending on the type of municipality.

Anyone can take part in the mandatory public discussion of procurement. The law does not limit the circle of participants in the discussion.

Mandatory public discussion of procurement will be held on the official website of the unified information system in the field of procurement and at special in-person hearings. Public discussion of the procurement will begin from the date of placement of procurement plans in the unified information system, and will end no later than the period before the expiration of which the procurement procedure can be canceled by the customer.

The customer will not be able to ignore requests from the public when discussing the procurement - he will have to give a motivated assessment of all proposals and comments received, and also report on the results of the public discussion.

The results of mandatory public discussion of procurement may be changes in procurement plans and schedules, in procurement documentation, or even cancellation of procurement.

Public control of procurement

In the new law, the public will receive new powers to control procurement in the state and municipal sector. The Law on the Contract System gives public associations and associations of legal entities the right to go to court to protect the rights and legitimate interests of a group of persons in case of violation of procurement rules.

The subject of public control is compliance by all participants in the contract system with all legislation of the Russian Federation on the contract system in the field of procurement and other regulatory legal acts in this area. Moreover, state authorities and local governments are obliged to ensure the possibility of exercising public control.

Despite the fact that citizens are mentioned by law as persons exercising public control, the law does not stipulate any rights for them to exercise it. However, this does not prevent citizens from exercising their legal right to contact state and municipal bodies and institutions and receive information about their activities. But only public associations and associations of legal entities will be able to sue for unfair procurement.

Public associations include non-profit organizations created in the following organizational and legal forms: public organization, social movement, public foundation, public institution, public initiative body, political party. Associations of legal entities include relevant associations and unions.

Public associations and associations of legal entities will be able to:

• prepare proposals for improving the legislation of the Russian Federation on the contract system in the field of procurement;
• send requests to customers for information on procurement and the progress of contract execution.
• carry out independent monitoring of procurement and assessment of the effectiveness of procurement, including assessment of procurement and the results of contract execution in terms of their compliance with the requirements of Federal Law No. 44-FZ.
• apply on your behalf to state bodies and municipal bodies with an application to carry out procurement control measures
• file complaints, which are considered in an expedited manner, against actions or inactions of the customer, authorized body, authorized institution, specialized organization, procurement commission, its members, contract service officials, contract manager, electronic site operator that violate the rights and legitimate interests of the procurement participant .
• apply on your behalf to law enforcement agencies in cases where signs of a crime are identified in the actions or inactions of the customer, authorized body, authorized institution, specialized organization, procurement commissions and their members, contract service officials, contract managers.
• go to court in defense of violated or disputed rights and legitimate interests of a group of persons in accordance with the legislation of the Russian Federation.

In order to exercise the right of public associations and associations of legal entities to apply to court in defense of violated or disputed rights and legitimate interests of a group of persons, their application must be supported by at least 5 persons participating in the legal relations regarding which the application to the court was made. Such an appeal must be submitted to the arbitration court in accordance with the arbitration procedural code.

Requests for information on procurement and the progress of contract execution are considered by customers in accordance with the legislation of the Russian Federation on the procedure for considering citizens' appeals.

Members of public associations and associations of legal entities are obliged to ensure the confidentiality of secret information that became known to them in the course of exercising public control.

“Legal basis and prerequisites for the effectiveness of public participation in procurement procedures for state and municipal needs”

Federal Law dated 04/05/2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" provides for the consolidation of public participation in the process of planning and procurement to meet state and municipal needs in comparison with current legislation .

Public participation in the planning and implementation of procurement is based on the principles of the contract system in the field of procurement, including the principle of openness and transparency, the principle of ensuring competition, as well as the principle of responsibility for the effectiveness of meeting state and municipal needs, and the efficiency of procurement.

In accordance with the Federal Law and the regulatory legal acts adopted in accordance with it, the following forms of public participation in the planning and implementation of procurement can be distinguished:

Participation in mandatory public discussions on procurement;

Exercising public control over procurement planning;

Participation in the public defense of procurement plans, procurement plans and schedules, participation in public discussion of procurement plans (procurement plans and schedules), if such protection (discussion) is provided for by regulations governing the formation, approval and maintenance of a procurement plan (procurement plan and schedule) ;

Participation in public procurement discussions conducted at the initiative of the customer (“non-obligatory” discussion);

Participation in public discussion (examination) of the procurement justification (initial (maximum) contract price or contract price), if such a discussion is provided for by the regulatory legal act governing the justification of procurement;

Participation in public discussion (examination) of draft acts on standardization in the field of procurement, requirements for certain types of goods, works, services (including maximum prices for goods, works, services) and (or) standard costs for providing customer functions, if such discussions will be provided for by the appropriate procedure adopted in accordance with Article 19 of the Federal Law;

Other forms in accordance with regulatory legal acts.

For the first time, the federal law regulates issues of public control in the field of procurement. Public associations and associations of legal entities are granted significant rights to identify and prevent violations of the legislation on the contract system in the field of procurement, as well as influence the development of the contract system.

The procedure for the participation of citizens, public associations and associations of legal entities in the planning and implementation of procurement allows for a balance of interests of civil society and customers. At the same time, the main emphasis in regulating public participation procedures in the planning and procurement process should be placed on protecting and guaranteeing the rights of public representatives.

Openness and transparency of procurement planning is ensured, inter alia, by posting documents and information on the planning and implementation of procurement in a unified information system, as well as by providing information at the request of subjects of public control. Moreover, access is free and free of charge, and the information must be complete and reliable.

In accordance with Part 5 of Article 112 of the Federal Law, before the introduction of a unified information system, information that is subject to placement in it must be posted on the official website of the Russian Federation on the Internet information and telecommunications network to post information on placing orders for the supply of goods, performance of work, provision of services (zakupki.gov.ru).

Let us answer the question: what is public control under 44-FZ, find out about the goals and forms, as well as who can exercise this control and what powers they have when exercising control in the field of procurement.

Who is authorized to conduct public control

The key innovation of Law 44-FZ was giving the public the right to control procurement. A major role was played by the adoption of the Law “On the Fundamentals of Public Control in the Russian Federation” dated July 21, 2014 No. 212-FZ (hereinafter -). Who has the right to exercise public control under 44-FZ? What powers are vested in subjects of public control?

Subjects of public control under 44-FZ are listed in Part 1 of Art. 102 of Law No. 44-FZ. So, public control has the right to exercise according to Federal Law 44:

• citizens;
• public associations (hereinafter referred to as PAs);
• associations of legal entities.

In accordance with Art. 7 of the Law "" of May 19, 1995 No. 82-FZ, the latter can be formed in one of the following forms:

• public organization;
• public fund;
• Political Party;
• social movement;
• public institution;
• public initiative body.

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State bodies and municipalities are obliged to provide the said persons with the opportunity to carry out control.

Goals and forms of public control under 44-FZ

Goals and forms of control

Public control under 44-FZ is carried out for the purposes of:

• development and improvement of the contract system;
• identifying and preventing violations of regulations in the field of public procurement;
• informing control authorities in case of detection of violations.

Law No. 212-FZ establishes the following types of public control:

• public monitoring;
• public inspection;
• public examination;
• public discussions;
• public (public) hearings; other forms of interaction.

Let's consider some of them in relation to 44-FZ.

The government is building a vertical control

The scope of control will be optimized, inspections will be streamlined, and the work of customers will be reorganized. Municipalities will be deprived of the powers of control bodies. Controllers at all levels will be prohibited from conducting centralized purchases for customers.

Public monitoring

Public monitoring is one of the forms of control. It is carried out publicly and openly using information and telecommunication systems, including the Internet (Part 3 of Article 19 of Law No. 212-FZ). Based on its results, the subject of control prepares a final document, which is sent to the object of control for consideration and posted online.

According to clause 3, part 3, art. 102 of Law No. 44-FZ, public associations and associations of legal entities have the right to carry out independent monitoring of procurement and assessment of the effectiveness of procurement, including assessment of procurement and the results of contract execution in terms of their compliance with the requirements of Law No. 44-FZ. Depending on the results of public monitoring of procurement and assessment of the effectiveness of procurement, its organizer has the right to initiate (Part 7, Article 19 of Law No. 212-FZ) public discussion, public (public) hearings, public inspection, public examination.

As part of public monitoring, the subject of control has the right to send a request to the customer for information (clause 2, part 3, article 102 of Law No. 44-FZ).

Public check

The organizer of a public inspection has the right to request from the inspected body or organization the documents and other materials necessary for its conduct (Part 6, Article 20 of Law No. 212-FZ). However, this design does not take into account two key components - the obligation to bring to the attention of the head of the organization being inspected information about the public inspection, the timing, procedure for conducting it and determining the results, as well as who has the right to legally conduct a public inspection. And if the first component consists in formally informing the object of public control of administrative and other acts regarding all actions and regulations of the subject of control, then the second allows us to identify legal conflicts of norms.

As they say in Part 2 of Art. 20 of Law No. 212-FZ, a limited number of persons can initiate a public inspection. They can be the Commissioner for Human Rights in the Russian Federation, the Commissioner under the President of the Russian Federation for Children’s Rights, the Commissioner under the President of the Russian Federation for the Protection of the Rights of Entrepreneurs, Commissioners for Human Rights, for Children’s Rights, for the Protection of the Rights of Entrepreneurs, for the Rights of Indigenous Peoples in the Subjects of the Russian Federation, Public Chamber of the Russian Federation.

Public chambers of constituent entities of the Russian Federation, public chambers of municipalities and other subjects of public control can initiate a public audit only in cases provided for by the legislation of the Russian Federation. Consequently, PAs, like other subjects of public control that claim to carry out public inspection, are obliged to conduct it only in cases directly provided for by the legislation of the Russian Federation. At the same time, Law No. 44-FZ does not provide for such a form of control as public inspection.

Thus, the PA does not have the right to initiate a public audit as part of control in the contract system in the field of procurement. In turn, clause 4, part 3, art. 102 of Law No. 44-FZ gives PAs the right to submit to control authorities an application to carry out activities within the framework of Law No. 44-FZ.

Oksana Balandina, chief editor of the State Order System

Procurement procedures are checked at every stage - from planning to fulfillment of contract obligations. The main regulatory authorities are the FAS and the Federal Treasury. However, not only these two departments control the work of the customer. Read who else checks procurement procedures and what inspectors pay attention to.

There are no new articles that have not entered into force.

Citizens and public associations and associations of legal entities have the right to exercise public control over compliance with the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement (hereinafter referred to as public control) in accordance with this Federal Law. State authorities and local governments are obliged to ensure the possibility of exercising such control.

Public control is carried out in order to implement the principles of the contract system in the field of procurement, promote the development and improvement of the contract system in the field of procurement, prevent, identify violations of the requirements of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement and inform customers, control bodies in the field procurement about identified violations.

Public associations and associations of legal entities exercising public control have the right to:

• 1) prepare proposals for improving the legislation of the Russian Federation on the contract system in the field of procurement;
• 2) send requests to customers for information on procurement and the progress of contracts;
• 3) carry out independent monitoring of procurement and assessment of the effectiveness of procurement, including assessment of the implementation of procurement and the results of execution of contracts in terms of their compliance with the requirements of this Federal Law;
• 4) apply on your own behalf to state bodies and municipal bodies with an application to carry out control measures in accordance with this Federal Law;
• 5) apply on your behalf to law enforcement agencies in cases where the actions (inaction) of a customer, an authorized body, an authorized institution, a specialized organization, procurement commissions and their members, contract service officials, contract governing signs of a crime are identified;
• 6) go to court in defense of violated or disputed rights and legitimate interests of a group of persons in accordance with the legislation of the Russian Federation.

Requests for information on procurement and the progress of contract execution, other requests submitted by public associations and associations of legal entities are considered by customers in accordance with the legislation of the Russian Federation on the procedure for considering citizens' requests.

Members of public associations and associations of legal entities are obliged to ensure the confidentiality of information, access to which is limited in accordance with federal laws and which became known to them in the course of exercising public control.