Public control of procurement 44 Federal Laws. Various types of control in the field of state, regional and municipal procurement

1. 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.

2. 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 and control authorities in the field of procurement about identified violations.

3. 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 procurement and the results of contract execution 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.

4. 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.

5. 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.

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;

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 restructured. 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.

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.

To obtain full access to the PRO-GOSZAKAZ.RU portal, please register. It won't take more than a minute.

Select a social network for quick authorization on the portal:

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;

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 restructured. 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.

Article 102. Public control over compliance with the requirements of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement

1. 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.

2. 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 and control authorities in the field of procurement about identified violations.

3. 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 procurement and the results of contract execution 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.

4. 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.

5. 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.

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 sectors. 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 go to court in defense of violated or disputed rights and legitimate interests of a group of persons, their appeal must be supported by at least 5 persons participating in the legal relationship regarding which the appeal was made to the court. 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 (“optional” 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).