Mechanism for placing orders for government and municipal needs, was and is one of the effective and efficient ways of governing the state, ensuring the vital functions of government bodies, the social needs of the population, industry and defense of the Russian state is the result of its application. The adoption and amendment of laws in this area is almost always reflected in all spheres of life of the country and society, affects each citizen individually, affects international relationships related to the activities of the state in the field of international relations.

Historical analysis shows that in most cases the state itself (as the richest and most influential customer) was the main initiator of the competitive selection of performers.

In Russia, and in all other European countries, the public procurement system has developed in an evolutionary way. Initially, the main goal of forming placement mechanisms government order was a cost reduction public funds and counteracting their theft. The most effective mechanism for solving both of these problems was the competitive placement of government orders among potential suppliers. IN different time The Russian state placed different emphasis on compliance with the listed characteristics. Sometimes persons representing the interests of the state and applicants for the execution of orders were given relatively greater freedom of action. However, if any abuses were discovered, they were liable severe punishment. In other cases, hard administrative control behind literally all the actions of customers and applicants. The third, modern approach is based on, if possible, completely eliminating the role of subjective factors in the process of selecting a government contract executor, which is achieved through detailed procedures for preparing and conducting a competition.

Procurement for government needs in Russia has been carried out for a very long time. The emergence of analogues of modern competition as a method of concluding an agreement dates back to the middle of the 17th century. In 1654, a decree was issued by Tsar Alexei Mikhailovich (father of Peter 1) on the contract price for the delivery of products to Smolensk in exchange for exempting the contractor from paying duties.

The first regulation of the public auction was implemented during the time of Peter I. A system for recording won contracts was organized.

The main document on contract bidding adopted under Peter I was the “Regulations of the Admiralty and Shipyards”. Efficiency meant “lowest contract price.” The prototype was regulated competitive procedures: tickets with the terms of the competition were printed, the commitment and viability of the contractor was checked, a three-week contract period was assigned (plus the burning time of the “daily” candle). The Admiralty itself was responsible for conducting the auction (speaking modern language- state customer).

The first notices of the competition were posted on all city gates so that persons entering or leaving the city could familiarize themselves with them. Here, benefits for contractors and suppliers were usually reported, and persons already working under government orders were listed. It became mandatory to record all proposals received, for which applicants appeared at orders and offices, where their oral proposals were recorded in writing. In 1714, a decision of the Senate established the public reporting of the results of not only the most important, but also “small” auctions. They indicated who contracted for what, at what prices, and who became the guarantor.

Over the course of two centuries, until the revolution, the system of competitive search for executors of government orders developed and improved.

The revolutionary events of 1917 and the subsequent civil war, war communism, and then the introduction of a planned economy and centralized distribution system material resources eliminated the very need for public tenders for government supplies and contracts, among other things.

IN Soviet time the use of tenders was in many ways an atypical design for concluding a contract; one can only refer to individual examples. Thus, starting in 1931, the USSR Ministry of Foreign Trade held auctions for the sale of furs in Leningrad. We only bought furs at auctions foreign companies, the calculation was carried out in foreign currency. It is interesting to note that international fur auctions are still held in St. Petersburg, they are organized and conducted by the Foreign Trade Association “Soyuzpushnina”.

Despite the small spread of trading, Soviet economists paid great attention to the study of trading. In Soviet economic literature, the following characteristics of trading were distinguished: scope, public form of announcement and time limits. Bidding was considered a unique or special form of purchasing machinery, equipment, placing orders for construction, in which suppliers (contractors) were invited to participate in a competitive dispute.

Competitive procurement has returned to Russia for state level only when the Presidential Decree of April 8, 1997 was adopted.
No. 305 "O" priority measures to prevent corruption and reduce budget expenditures when organizing the purchase of products for government needs.”

Thus, the history of trading dates back to ancient times, when in Rus' trading and marketplaces were a gathering place not only for those bargaining (merchants, etc.), but also for ordinary townspeople. Then trading developed primarily through government contracts; this state of affairs continued until the NEP period. It is also characteristic that even with Soviet power, when, it would seem, the lack of competitive relations should have put an end to such a method of concluding contracts as bidding, they did not cease to exist. This was, of course, facilitated by the development of foreign trade between the USSR and Western countries. Subsequently, with the transition of our country to a market economy based primarily on the principles of free competition, tenders became a generally accepted way of identifying a future counterparty not only in the field of placing public orders, but also in private relations.

Literature

1. Anoshchenko E.N. From the history of contract bidding. Kyiv: "Pyramid". 1994

2. Vedeneev G.M., Goncharov E.Yu., Kobzev G.N. Competitive bidding in Russia: historical experience. M.: Publishing house MPEI, 2005.

3. Competitive bidding for the purchase of products for state needs // edited by Svinarenko A.G., Moscow, INFRA, 2000.

4. Political and economic principles and legal basis for the placement of government orders. – No. 2. – 1999

5. Complete collection of laws of the Russian Empire II, No. 92.

6. Code of laws Russian Empire. T. 10. Part 1.

7. Collection of laws and orders of the Soviet government. – M, 1922.

Vedeneev G.M., Goncharov E.Yu., Kobzev G.N. Competitive bidding in Russia: historical experience. M.: Publishing house MPEI, 2005.

Collection of laws and orders of the Soviet government. – M, 1922.

Active development of government procurement in Western countries ah began in the second half of the 20th century, when the need arose for post-war reconstruction and construction large objects infrastructure. Interstate agreements were developed and adopted to regulate public procurement within the countries of the European Union (1971, 1976). The GATT Agreement on Government Procurement, which came into force in 1981, has facilitated the access of foreign supply companies to national markets to participate in tenders.

Principles of the European public procurement system

European system public procurement is based on the following basic principles:

1. transparency (openness and accessibility of information about procurement);

2. accountability and compliance with procedures (strict adherence to procurement procedures in the presence of state and public control);

3. competition (non-discrimination);

4. justice ( equal opportunities for all procurement participants).

The globalization of the world economy has accelerated the processes of liberalization of domestic markets.

Since the end of the 20th century, the state, through the public procurement system, began to implement long-term and large-scale programs - the construction of power plants, transport networks, oil and gas pipelines; creation of large industrial facilities. Through government procurement, the state began to provide guaranteed services various segments of the population, stimulate the economic activity of industries, territories, and the development of innovation.

The state is the largest buyer of certain types of products. Suppliers are seeking to obtain a government contract in order to ensure the development of production at the expense of the state budget. The advantage of government procurement is that it not only invests budget money in manufacturing process, but also ensure guaranteed sales of products. For its part, the state, through competitive forms of procurement, achieves savings budget funds. A structural restructuring of the economy is gradually being carried out - when conducting public procurement, the state requires supplier companies to use innovative achievements in the process of order execution. The state shares risks and benefits technological projects together with manufacturers, becoming the first buyer of their new types of products and samples.

Cooperation with the state in securing government orders allows European companies to improve technologies and develop new types of products. Innovative public procurement is especially relevant in the field of healthcare, pharmaceutical industry, energy, environmental protection, transport, security technical safety using digital technologies.

Effects of protectionism in public procurement practice

In the practice of public procurement in the EU countries in the twentieth century, a policy of protectionism was and is still being carried out, but on a smaller scale, based on supporting national producers and limiting access to the market for foreign companies.

The main advantage of protectionism is associated with the fact that the profit received by national producers as part of the execution of government contracts is returned in the form of tax revenues, while financing foreign supplies, in fact, represents an investment in the economy of other countries.

Government customers increasingly give preference to national suppliers when concluding government contracts, based on subjective factors, as well as due to the lack of a language barrier. Objective factors limiting the access of enterprises to the public procurement system include rules in the field of trade exchange, wages, public health and environmental protection, specific to each individual country.

Most developed countries block the access of foreign participants, supporting national producers by providing them with preferences in the field of government procurement.

Currently, in the practice of Western countries, there are two types of financial preferences: bonuses to national companies for winning bids or for supplying to the public sector products produced on the own territory of the state customer’s country.

The use of discriminatory measures in the field of public procurement in EU countries has led to some negative effects on national economies.

Experts highlight the following negative effects of protectionist policies:

Indirect encouragement of non-competitive enterprises;

Creating obstacles to the processes of international technological cooperation,

Increase financial costs government agencies for public procurement in conditions of insufficient volumes of products and services from national companies;

The emergence of imbalances in commodity markets due to actual state subsidies of national producers and, as a consequence of this, the establishment of unreasonably high prices.

According to experts, the protectionist measures that were in force in a number of developed countries in the twentieth century in order to protect and promote the development of the industrial base significantly weakened their competitiveness: they caused stagnation industrial development, a reduction in national income and an increase in price imbalances for the products of a number of industries. This was due to the fact that, while providing guaranteed orders for national industry, the governments of individual countries did not provide requirements and incentives for modernization and increased competitiveness, without which it is impossible to form a strong production base.

The use of protectionism in the public procurement system is permissible if the state implements tasks related to ensuring national defense, stimulating the development of specific industries and territories, as well as maintaining the level of livelihoods of social groups representing a risk group. Protectionism must be strictly dosed and economically justified and combined with the implementation of policies information openness and transparency in the public procurement system.

Entrepreneurs in Russia need government support during the period of adaptation to accession to the WTO. However, the policy of protectionism should be limited and stimulate the desire of companies to compete with strong market players represented by foreign companies.

Legal regulation of public procurement

graduate work

1.1 History of public procurement in Russia

The first paragraph of this chapter examined historical aspects of the development of legislation on the placement of public procurement. Considering the norms of various historical eras, it can be stated that there is a connection between currently existing legislation and historical experience in the field of legal regulation of public procurement. Therefore, it seems relevant to study the development of the history of public procurement and determine the possibility of applying historical experience to modern stage.

As stated earlier, there is no consensus on the timing of transactions to meet the needs of the state. Most authors date the origin of these relations to the 18th century during the reign of Tsar Alexei Mikhailovich. But, contrary to this point of view, the existence of the Order of 1595 “On the procurement of materials for the construction of the Smolensk fortress” Acts collected in the libraries and archives of the Russian Empire by the Archaeological Expedition of the Imperial Academy of Sciences. - Personal 1836. T. 1. - P. 430. . It can be attributed to those legislative acts that regulate supply issues for the needs of the state. Yarullin S.M. History of the emergence and development of state orders in Russia // History of State and Law. - 2010. - No. 20. - P. 26--29.

On this issue it is worth agreeing with the opinion of A.V. Atamas. This author believes that the needs of the Russian state appeared at earlier stages of its development. The author points out that the institution of public procurement appeared long before the 18th century. From the middle of the 8th century until adoption Cathedral Code in 1649 this institute was integral part personal hiring, provisions about which were also contained in Russkaya Pravda. Atamas A.V. State contract for the implementation of research, development and technological work in the Russian Federation: dis. ...cand. legal nauk.- M., 2009. -S. 17.

As noted by V.I. Kuznetsov, one should pay attention to the mention in historical documents of the so-called reserves, vigilantes who disposed of princely property in accordance with the powers given to them by the prince, including those who entered into agreements on behalf of the treasury. The first evidence of their existence is found in a list from the Pereyaslav Chronicle, made in 1346, in the entry under the year 6504 (996) Kuznetsov V.I. Legal regulation of the institution of state procurement: dis. ...cand. legal Sci. -M., 2005. -S. 24. .

The founder of the legal regulation of public procurement is Peter the Great, since as a result of his military activity he was forced to look for ways to supply the army. The only state customer at that time was Peter I himself and his court.

A public competition was used to select contractors and suppliers. Notices about it were posted on all the gates of the city for information. Contractors and suppliers were also notified about the benefits provided and about persons who are already working under government orders. Goncharov E. Sovereign’s needs in the pre-Petrine era // Competitive bidding. -2000. -No. 5.- P. 28-31.

With the increase in the number of public procurements, corruption factors began to appear more and more: there were collusions between participants, collusions with members competition commission, were not carried out in large quantities assumed obligations. Therefore, later, in 1721, a decree was issued that was intended to combat corruption. This decree established liability measures for suppliers and officials. Such measures included a fine and the return of “transfer money”. In the same year, the “Regulations of the Admiralty and Shipyard” were published, which established the bidding procedure for public procurement. From the time of its adoption when bidding was announced in mandatory the terms of the transaction, the start time for submitting bids and the end time, and the location of the auction should have been indicated. These conditions are quite similar to modern ones, since without such an announcement it is impossible to provide notice of the placement of a government order. Goncharov E. History of bidding in Russia // Competitive bidding. -1998. -No. 8. -S. 39-44.

This regulation allowed the government order to be given to another contractor if the one with whom the contract was concluded is unable to fulfill it for some reason. In this case, even an increase in the price of work or goods was allowed.

In the 1730s, there was a ban on the admission to participation in auctions of those persons who had debts to the state, debts on bills, etc. This rule is still used today as required condition participation in auctions.

It is worth noting this legal document, as the Regulations of the Chamber Collegium, adopted during the reign of Anna Ioannovna. This document provided for the payment of a penalty for delays in work, which was imposed on the treasury. This experience must also be applied in the current legislation, since currently only the executor of the contract pays a penalty if he violates the terms of the contract, while most cases of delay in the execution of the contract are due precisely to the fault of the customer. Yarullin S.M. History of the emergence and development of state orders in Russia // History of State and Law. - 2010. - No. 20. - P. 26--29.

In 1758, during the reign of Catherine Petrovna, the “Regulation of Provisional Administration” was approved. It placed great emphasis on the principle of efficiency. It was recommended that government procurement be carried out according to fixed prices. Currently, this condition is one of the most important in a contract for the provision of services for the needs of the state.

It was also a mandatory requirement that bidders provide information about their available capital. It was also prohibited to take a government order in an amount that exceeds the value of the contractor’s or supplier’s property. Currently, this provision is not applied in the current legislation, since it limits competition during tenders. But, in our opinion, it would be possible to provide in the current legislation a provision on mandatory minimum funds and property that the contractor must have when concluding a government contract. This will to some extent prevent cases of non-fulfillment of the state order, since in this case the contractor is liable with all available property. Vedeneev G.M., Goncharov E.Yu., Kobzev G.N. Competitive bidding in Russia: historical experience. -M.: Publishing house MEN, 2005.- P. 13-30.

In 1775, Catherine II signed the act “Establishment of Governorates”. After this, the Treasury Chamber was instructed to conduct auctions and conclude agreements for an amount of no more than ten thousand rubles. More expensive contracts were reviewed and signed by the empress herself. Meanwhile by the said act members of the chamber were made responsible for concluding contracts that were unprofitable for the treasury: all losses received by the treasury were recovered from members of the chamber.

This provision makes sense to apply to modern relations in the field of public procurement. This will minimize the possibility of collusion during bidding and more careful attention authorized persons to the proposed conditions of suppliers and a correct assessment of their economic feasibility and effectiveness for the state.

The next regulatory act on public procurement that should be noted is the Regulation “On obligations concluded by the treasury and private individuals for contracts and supplies,” signed in 1830 by Nicholas I. This provision was in force until 1917 and underwent minor changes. Pobedonostsev K.P. Well civil law. T. I. - St. Petersburg: Synodal Printing House, 1896.

With the adoption by Nicholas I in 1845 of the “Code on Criminal and Correctional Punishments”, this regulatory act included rules on liability for violations in the field of tendering and fulfillment of obligations by contractors or suppliers under already concluded contracts. This regulatory act also provided for holding officials in the field of public procurement accountable.

By the end of the 19th century, auctions began to appear in which only specially invited persons known for their experience and reliability D.S. Torosyan could participate. Civil legal basis of regulation contract work for state and municipal needs: dis. ...cand. legal Sci. - Krasnodar, 2009. - P. 19. . This rule limited competition, but made it possible to pay attention to the quality of work, and not to their low price. This experience would be useful today in certain industries, for example, in the formation defense order, execution order construction work and other cases when the quality of the goods and services supplied should be prioritized over their price properties.

As we see as a result of the analysis, previously current legislature was aimed both at attracting potential bidders and at ensuring state interests. To attract participation in tenders, incentives and allowances were used for smaller entrepreneurs, which helped them create stronger competition for large fishermen.

IN Soviet period contractual relationship regulated, as a rule, by administrative law. The economy was regulated by an administrative-command method, finished products distributed centrally.

In 1921, the Council of People's Commissars of the RSFSR approved the Regulations “On State Contracts and Supplies,” which obligated tenders to be held if the contract amount exceeded the established amounts. This principle was inherited from pre-revolutionary legislation. Smirnov V.I., Nesterovich N.V., Goncharov B.Yu. Becoming market system public procurement in Russia. -Kazan: NPO “BusinessInfoService”, 2000. -P. 320.

On August 7, 1923, the Instruction “On the conduct of public auctions at government contracts and supplies." Most of its norms contained provisions of pre-revolutionary legislation and already established known methods bidding: oral announcement of conditions, announcement of conditions in sealed envelopes and a mixed method of bidding. At this time, private entrepreneurs were forced out of the economy and therefore all contractual relations virtually ceased. They were replaced by planned contracts.

In accordance with the Decree of the President of the RSFR dated October 15, 1991 No. 143 “On economic relations and supplies of products and goods in 1992" Decree of the President of the RSFSR dated October 15, 1991 N 143 "On economic relations and supplies of products and goods in 1992" // "Vedomosti SND and Supreme Court of the RSFSR", October 24, 1991, N 43, art. 1392 centralized distribution of material resources, compulsory state orders were eliminated, and the forced formation of economic ties was abolished.

Starting from 1987, to the Union and autonomous republics, territories and regions, instead of a procurement plan, supply plans were brought to the all-Union and republican product funds, which were established according to standards approved by the State Planning Committee of the USSR and the State Agricultural Industry of the USSR, taking into account the characteristics of each region, the balance of production and consumption of food products and trends in their changes in the planning period.

Those products that were produced in excess of the plan could be used by the enterprise at its own discretion or be sold at realistic prices. market prices. Enterprises had the right to sell up to 30% of the volume established by the plan. In this case, the products sold were included in the plan.

In the process of transition to a market economy, the principles, concept and mechanism of public procurement have changed significantly. IN transition period relations in the field of public procurement were regulated by two Federal laws: Federal Law of May 28, 1992. No. 2859-1 “On the supply of products and goods for state needs” Law of the Russian Federation of May 28, 1992 N 2859-1 “On the supply of products and goods for state needs” (lost force) // “Rossiyskaya Gazeta”, N 148, 30.06. 1992 and Federal Law of December 13, 1994 No. 60-FZ “On the supply of products for federal state needs” the federal law dated 12/13/1994 N 60-FZ (as amended on 07/19/2011) “On the supply of products for federal state needs” // “Collection of Legislation of the Russian Federation”, 12/19/1994, N 34, art. 3540. These legislative acts established the rules for the relationship between the parties when concluding and implementing a supply or contract agreement for government needs.

These Laws officially enshrined such concepts as “state needs” and “state contract”, and also introduced a system of competitive placement of government orders. Meanwhile, the data legislative acts did not ensure the implementation of such principles as competitiveness and competitiveness.

During the period 1994-1995. Several special laws were adopted that regulated relations in the field of public procurement. These laws can be called the basis of the Russian state order. They are still in effect today to the extent that they do not contradict the new Russian legislation in this area. Vedeneev G.M., Goncharov E.Yu., Kobzev G.N. Competitive bidding in Russia: historical experience. -M.: Publishing house MEN, 2005.

Carrying out contract work for government needs at that time was ineffective, since it was very poorly financed by the state.

Decree of the President of the Russian Federation dated April 8, 1997. No. 305 “On priority measures to prevent corruption and reduce budget expenses when organizing the purchase of products for state needs” Decree of the President of the Russian Federation dated 04/08/1997 N 305 “On priority measures to prevent corruption and reduce budget expenses when organizing the purchase of products for state needs” ( together with the “Regulations on the organization of procurement of goods, works and services for state needs”) // “Collection of Legislation of the Russian Federation”, 04/14/1997, No. 15, Art. 1756 established a competitive system for carrying out public procurement for the needs of the state and the technology for carrying out public procurement. For this purpose, relevant regulations have been adopted. These regulations have significantly narrowed the scope of public procurement, practically making it optional.

Public procurement legislation at that time was not systematic. It consisted of many separate regulations, both federal and by-law. Often these acts contained contradictory norms; the laws of the constituent entities of the Russian Federation could differ from each other and differ from federal legislation. The result of this was the formation of corruption in the field of public procurement, which negatively impacted the development of this institution, the formation of the necessary economic environment for interaction between the state and contractors. Torosyan D.S. Civil legal framework for regulating contract work for state and municipal needs: dis. ...cand. legal Sci. - Krasnodar, 2009. - p. 21.

To combat emerging corruption, in 1999 Federal Law No. 97-FZ of May 6, 1999 was adopted "On competitions for placing orders for the supply of goods, work, and services for public needs" Federal Law No. 97-FZ of May 6, 1999 "On competitions for placing orders for the supply of goods, performance of work, provision of services for state needs" (lost force) // "Collection of Legislation of the Russian Federation", 05/10/1999, No. 19, Art. 2302. . This normative act was of rather low quality, was changed quite often during its existence, and was eventually completely cancelled.

In general, the legislation of the late 90s contained rules on public procurement that duplicated each other, being in different regulations, but at the same time they contradicted each other, which called into question the system of organizing public procurement. Kikavets V. Development and establishment of state orders in the Russian Federation // Law and Life. - 2010. - No. 1. - P. 25-32.

With the adoption of Federal Law dated July 21, 2005 N 94-FZ (as amended on July 2, 2013) “On placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs,” a new public procurement system in Russia was actually formed, which took into account experience of foreign countries and historical experience of regulating public procurement in Russia.

The adoption of this law was one of the most important reforms of that time. For the first time, legislation established a uniform procedure for placing orders to meet state and municipal needs.

Thus, Law No. 94-FZ has become important Starting point development of a system for implementing state and municipal order, pawned basic principles and regulated the basic procedures necessary for its effective implementation.

But, it should be noted that this law to some extent contradicts the current Civil Code, thereby violating the integrity of everything civil legislation. Despite this, this law is very widely applied.

Initially, this regulatory act was necessary to disclose and regulate the procedure for placing public procurement, but it went beyond its competence and went quite far. As a result of lawmaking in this act also included provisions on the terms of the state contract, the content of contracts, the procedure for changing them, etc.

Thus, the historical experience of rule-making has ambiguously influenced modern legislation. A number of provisions have been developed in accordance with new economic conditions. However, some useful developments have not been used by the modern legislator, which to some extent is an omission, since the accumulated wealth of experience in the field of managing legal relations related to public procurement should have been rationally used for the benefit modern society In Russian federation.

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The first document, which spelled out the conditions for searching for a contractor, its implementation and remuneration, appeared under Tsar Alexei Mikhailovich. The Decree of July 7, 1654 “On the contract price for the delivery of flour and crackers to Smolensk” says:

“... people who would like to negotiate to bring rye flour and crackers to Smolensk, and they would negotiate with those people; but they gave them forty and forty five altyns and one and a half rubles for flour per quarter, otherwise they were ordered to say that they would not take duties from them anywhere on that contracted bread.”

“In the 18th century, Peter I began to fight against overspending of public funds. Here is his Decree of April 1720 “On the non-conclusion of contracts without duties”:

“Contracts that come from His Majesty’s House and from the Senate and from the Collegiums and from other administrators... and agreements (contracts) are written without duties and bills are charged (rounded up) to oneself, and from this there is a loss in income, and under the guise of contracts and others goods are brought duty free; but it should be declared by decree that no one would carry out contracts without duties, and would not accept our bills, and that everyone should pay duties according to the decree.”

Contractors who inflate prices had to return the overpaid money, and civil servants who took bribes were fined.

In 1721, Russia received the status of an empire and at the same time the first procurement mechanism for the needs of the state was developed. It talked about the stages of procurement that exist today:

Procurement planning. Products that were to be delivered in the summer had to be notified in November, and winter products - no later than July.

Announcement of the procurement procedure. To the beat of drums, announcements indicating the terms of purchase were hung in crowded places. The document described the requirements for goods and suppliers.

Submitting applications. Proposals were accepted from suppliers within three weeks. The contractors presented their prices to the office of the Chief Commissioner for contracting and purchasing.

« Extra 10 minutes" At the end of the competition, a daily candle was lit, and while it was burning, contractors were given one last chance to reduce the price. To prevent anyone from blowing it out ahead of time, two officers were assigned to the candle.

Summarizing. The contract was given to the one who offered the lowest price. Provided that the contractor is reliable (the chief commissar accepted guarantees for him). The results of the “main” contracts for government orders were posted in the same place as procurement announcements. They indicated who contracted for what and at what prices.

Under Catherine II, the function of conducting auctions was transferred to the Treasury Chamber. Suppliers were required to honor signed contracts regardless of the circumstances. If members of the Treasury Chamber made losses, they were obliged to compensate them from their own pockets.

Procurement in the 19th and 20th centuries

Alexander I continued to regulate the public procurement system. By the end of the emperor's reign, a number of different regulatory documents reached 170! For the first time in Russia, statistics and analytics of bidding are published; large contracts were ordered to be divided into lots.

Nicholas I brought to single document all procurement laws. This document from 1830 reflected the positive experience of procurement in Russia. True, it didn’t get rid of bribery. It was Nicholas I who said the phrase to his son: “In Russia, only two people don’t steal: me and you.”

Under Nicholas II, in 1900, the “Regulations on Contracts and Supplies” was published, which was in force until October 1917. It provided for three types of bidding: oral bidding (auction), bidding through sealed announcements (request for quotations) and mixed.

Recent history

In 2005, the state adopted 94-FZ, which was constantly updated with the help of 40 additional federal laws. In 2011 electronic auction became mandatory procedure in the auction.

Since 2014, a contract system has been in place, with which came new procurement rules, anti-corruption measures and methods of protecting competition.

We hope that our New Year's article pleased you. We wish you more victories in competitions, fulfillment of wishes and New Year's mood!

In Russia, the system of state supplies dates back almost to the formation of the Romanov dynasty - with its second representative on the Russian throne - Alexei Mikhailovich. It was Tsar Alexei who in 1654 signed the “Decree on the contract price for delivery,” which was intended to regulate prices for the delivery of food to Smolensk during its siege. The selection of suppliers of products for state needs at that time was carried out in the form of auctions on the market, where everyone could take part, shouting out their proposal and waiting for the decision of the judges - the Office of Contracting Affairs.

Later, during the Europeanization of the Russian Empire, a huge number of decrees, orders and regulations were adopted establishing the procedure for the supply of food for state needs. However, when significant amount regulations, paramount importance has, the fact of limiting corruption in all of them and giving advantages during bidding to “small businesses” of Russian citizens.

But this was still far from being a system of government orders. It began to take shape during the reign of Alexander I (1777-1825), who, with his smooth reforms, legalized the tendering procedure and streamlined the public procurement system, defining the difference between the supply of goods and the performance of work, which should have significantly simplified the preparation of documents for participation in the tender. bidding

The revolution and the coming to power of the Bolsheviks with their administrative-command economy suspended the development of the market system of public procurement, because all goods and work for the needs of the state were delivered as directed supreme bodies authorities, according to preliminary plan and the established scheme, and there was no competition and, accordingly, competition.

The market procurement procedure began to take shape in Russia in the early 90s of the 20th century based on the experience of the European Union, and competitive basis the organization of the curricula was borrowed from Germany. It was Germany that for many years was an example of a successful government procurement policy, both for Russia and for the whole of Europe.

Competition is the basis of the German public procurement system, and competition enforcement is the key to its success. Control over “healthy competition” in the German public procurement system is carried out by two authorities:

The appellate authority is in the form of an independent institution;

Judicial authority - in the form of a judicial body.

Decisions on the legality and absence (or presence) of obstacles to competition in public tenders, made by both authorities, are published in publicly available sources and serve to develop transparency in public procurement, which is so lacking in the Russian system.

It should also be noted that the German method of selecting the auction winner. It is not the participant who declared the lowest price for executing the contract, but the participant with the greatest economic benefit. The difference between these concepts is as follows: “lowest price” does not say anything about the quality of a product or service, but “ economic benefit» implies reasonable quality at a reasonable price.

Also, over time, Russian system was borrowed from Germany by having a public control body over the public procurement process, which also has the right to provide the government with information about problems detected in the system and possible ways their elimination. This institution of external public control, as well as internal, makes the public procurement procedure more transparent and “closer to the people,” trying to reduce the degree of corruption and illegality.

In 1990, President Yeltsin's decree of October 15, 1991, “On economic relations and supplies of products and goods in 1992,” abolished the centralized distribution system practiced by the Bolsheviks. The subsequent law “On the supply of products and goods for state needs” defined new principles for placing orders for the state - through a competition, on the basis of which it was necessary to conclude a state or municipal contract.

Adoption of the first part in 1994 Civil Code Russian Federation, had a great influence on the formation of competitive relations in the field of government procurement: the document determined that government bodies can participate in market relations on an equal basis with other entities and determined the features of concluding contracts through bidding. Also in 1994, the Federal Law “On the supply of products for federal state needs” No. 60-FZ was adopted, which, in addition to the main provisions of the state order, also regulated issues of liability for violation of the terms of government contracts, as well as the quality of supplied products.

In the early 2000s, an attempt was made to completely formalize the process of state procurement, and President Putin signed Federal Law No. 94-FZ “On placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs.” The new law was intended to regulate all issues related to the public procurement system in the Russian Federation; it contains everything necessary concepts, documents, conditions, requirements, mechanisms, principles and other standards for organizing and conducting state competitions, both for customers and for order executors. Federal Law No. 94-FZ set the following goals:

1) Ensuring the unity of the economic space on the territory of the Russian Federation;

2) Effective use of budget funds and extrabudgetary sources financing;

3) Expanding opportunities for participation of individuals and legal entities in placing orders and encouraging such participation;

4) Development of fair competition;

5) Improving the activities of government bodies and bodies local government in the field of placing orders;

6) Ensuring publicity and transparency of placing orders;

7) Prevention of corruption and other abuses in the field of placing orders.

But, in practice, these numerous and varied goals were not achieved and implemented. The law did not perform properly and did not live up to the expectations placed on it even in the nine years of its existence, and with the “support” of a myriad of amendments, additions and decrees correcting it, the law became a breeding ground for corruption and significantly reduced the efficiency of public procurement.

As a result, Federal Law No. 94-FZ was replaced at the beginning of 2014 by Federal Law No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs,” which introduced a new system, procedure and principles for the organization of state prosecutors. Federal Law No. 44-FZ was also signed by the President of the Russian Federation Putin on April 5, 2013 and came into force on January 1, 2014. Certain parts of the law will “catch up” with the main part over the course of several more years; for example, the provision on mandatory public discussion and the unified information system for public procurement will come into force only in January 2016.

Federal Law No. 44-FZ sets the following goals for regulating relations related to public procurement: increasing the efficiency and effectiveness of procurement of goods, works, and services; ensuring openness and transparency of such procurements; prevention of corruption. The new law is based on the experience of all previous regulations in force in Russia, as well as on foreign and international experience in organizing procurement, which is why its goals cover a much smaller area than Law No. 94-FZ, but they are aimed at achieving results in the most important areas application and solution of the main problems of the public procurement system: increasing the efficiency of procurement and combating corruption. Law
No. 44-FZ expanded the list of principles for organizing the public procurement system. The contract system in the field of procurement is based on the principles of openness, transparency of information, unity of the contract system of public procurement, ensuring competition, professionalism of customers, stimulating innovation, responsibility for the effectiveness of meeting state and municipal needs and the efficiency of public procurement.

Main differences new system in the field of procurement for state and municipal needs from the previous one are as follows:
Firstly, the scope of application of the procurement law has expanded significantly. Previously, the law on the placement of orders No. 94-FZ regulated only the procurement procedure until the conclusion of the contract, establishing only certain elements of control over the activities of customers. The new Law on the Contract System added to the scope of its regulation planning and justification of procurement for state and municipal needs, the procedure for concluding and executing contracts based on the results of organizing procurement procedures, monitoring and audit of procurement, new types of procurement control and much more.

With the introduction of the contract system of public procurement, special attention began to be paid to procurement planning and assessment of their validity, i.e. Now customers are required to draw up procurement plans (for the duration of the relevant budget act) and annual procurement plans and schedules, and must also clearly justify their need for a particular product (indicate the purpose and reason for the need). Deviation from the procurement plan is, of course, possible, but it also requires full justification and changes to the schedule immediately before the announcement of the start of the procurement procedure. This is necessary so that in the future a unified procurement database of a particular entity or body, and subsequently the entire country, will be formed, with the goal of high-quality planning for future procurements. The new law introduces procurement rationing - establishing conditions and requirements for purchased goods, works, services, including their qualities and characteristics. These innovations should eliminate the unnecessary purchase of luxury goods and luxury goods (services), as well as limit excessive consumption only in order to “exhaust” the budget.

Also, to limit the opportunistic behavior of government customers, mandatory public discussion of purchases worth more than one billion rubles is provided, which will become mandatory only at the beginning of 2016. In the meantime single portal public procurement on the Internet (zakupki.gov.ru) there are public discussions of only some procurements that cause public outcry or have obvious signs of fraud detected by users. Also on this portal public discussion Law No. 44-FZ itself is subjected, during which its weaknesses are identified, and specialists in the contract system in the field of public procurement answer questions from users of the law.

Federal Law No. 44-FZ introduces some innovations in terms of concluding contracts for government orders, while the procurement procedures themselves have not undergone significant changes; they still exist following methods placing orders: open auctions, among which electronic ones predominate, closed auctions, different kinds competitions, as well as request for quotations (offers) and purchases from a single supplier. In terms of organizing bidding procedures, methods for determining the initial (maximum) contract price were spelled out in detail. To combat fraud, bidders are required to provide increased collateral or cash security(if the price they offer falls below the starting price by 25% or more) and is introduced banking support contracts (settlements during the execution of a contract accompanied by a bank will be reflected in accounts opened in it). Increased collateral and unified bank accounts will give the government customer more confidence in the contractor and ensure its protection in the event of a procurement failure.

However, with regard to the mechanisms of state auctions, the new law limits the possibility of purchasing from a single supplier, although the possibility of concluding such a contract remains if competitive procurement procedures have not taken place (i.e. if only one participant was declared who satisfies the conditions of the competition, or in other cases restrictions) subject to additional justification for such a contract and coordination of the decision with higher authorities authorized to exercise control in the field of procurement. It is expected that limiting the use of this procurement method will reduce the number of purchases from a single supplier and increase competition in the field of government and municipal procurement, and therefore increase their efficiency.

Thanks to the new law, a procedure has appeared in the public procurement system qualifying selection when holding a competition or auction for the supply of goods, works or services of a high-tech, innovative or specialized nature. Necessary maintenance for high-tech or specialized equipment or services is also provided for in the procurement law: it is now possible to enter into a “life cycle contract” with the supplier, who undertakes to provide subsequent maintenance, repair and disposal of the procurement item if necessary.

Contract system and new law suggest that when making purchases by state and municipal bodies, preference should be given not only to institutions of the criminal correctional system, organizations of the disabled and small businesses, as before, but also to socially oriented non-profit organizations and organizations of socially vulnerable segments of the population - ethnic and national minorities, pensioners and women. Also, customers will now be required to give priority innovative products and domestically produced goods (and not only in the field of defense and security, as before), which in modern conditions"external isolation" of Russia is priority direction development of the entire country.

One of the main and most significant introductions of the law on the contract system in the field of procurement for state and municipal needs is to maximize the centralization of procurement - the transfer of procurement procedures from “small” customers to a single body. In accordance with Article 26 of Law No. 44-FZ, centralization is possible by using several options: the first option is the transfer to a state (municipal) body or government agency only of the authority to identify suppliers for customers; second option - transfer specified bodies absolutely all purchasing functions of the customer - from planning purchases and identifying suppliers to concluding and executing contracts. Thus, there are the following methods of centralization:

Departmental centralization: body executive power or local government decides to act as a customer on behalf of it territorial bodies and institutions;

Territorial centralization: municipalities, upon agreement of the decision with the subject of the Russian Federation, can transfer their procurement procedures to the subject;

Subject centralization: when one executive body, with procurement skills and/or special knowledge in the subject area of ​​procurement, centrally purchases some specific specialized products for several customers.

It is important that customers whose total annual purchase volume exceeds 100 million rubles must form special contract services, and other customers are required to appoint a contract manager.

Also, one of the most important features a new system of state procurement - a “tracking system”, which includes: procurement monitoring, control of order execution and audit of execution results - these three elements stand outside the procurement process, but are almost its most important part. These measures were introduced to simplify the government procurement system, to increase its transparency and clarity both for the customers and performers themselves, and for third-party observers - the final recipients of services and consumers of public goods - and ultimately - to increase efficiency and rid the public procurement system of the most Its big problem is corruption.

To ensure transparency of procurement, a unified publicly accessible information system is also being created. It will contain procurement plans, data on their implementation, registers bank guarantees performers, registers of concluded contracts and unscrupulous suppliers, a library of standard contracts, catalogs of goods, works or services, results of monitoring and audit of procurement and much more. Any information regarding the terms of the contract itself, the characteristics of its subject matter, the customer or the supplier must be immediately and fully displayed in unified system public procurement on the official website - this is one of the main conditions for ensuring the efficiency of the public market.

The monitoring system for public procurement, control over their implementation and the unified information system will begin to fully operate only in January 2016, for now preparatory work is underway stage – collection, processing and systematization of information on public procurement throughout Russia. Registers of standard contracts and unscrupulous suppliers are being prepared, and a system for assigning and using a procurement identification number is being tested, which will help to significantly simplify and streamline the entire system of government procurement.

Antonov V.I., Kiseleva O.V. Foreign experience regulation of the placement of government orders and the possibility of its use in Russian practice [Electronic resource] // Contemporary issues science and education. 2013. No. 3. Access mode: http://www.science-education.ru/109-9274. Cap. from the screen.