Question: About purchasing from a single supplier (contractor, performer), if the customer uses non-residential premises (premises) on the right of free use or operational management. Legal advice Contract manager - who is he

Guide to the contract system:

A Guide to Procurement Disputes:

1. The contract is concluded on the terms stipulated by the notice of procurement or the invitation to take part in determining the supplier (contractor, performer), procurement documentation, application, final proposal of the procurement participant with whom the contract is concluded, except for cases in which, in accordance with This Federal Law does not provide for a notice of procurement or an invitation to participate in determining the supplier (contractor, performer), procurement documentation, application, or final offer.

ConsultantPlus: note.

Until 01.10.2019, it is allowed to change the price of a contract concluded before 01.01.2019 within the limits of the increase in VAT in relation to goods, works, services with acceptance after 01.01.2019, if the increased VAT is not provided for by the contract (Article 112 of this Law).

2. When concluding a contract, it is indicated that the contract price is fixed and determined for the entire period of execution of the contract, and in cases established by the Government of the Russian Federation, the approximate value of the contract price or the price formula and the maximum value of the contract price established by the customer in the procurement documentation are indicated. When concluding and executing a contract, changing its terms is not allowed, except for the cases provided for in this article and article 95

3. Features of determining the price of a state contract for the supply of goods, performance of work, provision of services under a state defense order, taking into account the requirements provided for in Part 2 of this article, may be established by Federal Law of December 29, 2012 N 275-FZ “On State Defense Order”.

4. The contract includes a mandatory provision regarding the responsibility of the customer and supplier (contractor, performer) for failure to fulfill or improper fulfillment of obligations stipulated by the contract.

5. In case of delay in fulfillment by the customer of the obligations stipulated by the contract, as well as in other cases of non-fulfillment or improper fulfillment by the customer of the obligations stipulated by the contract, the supplier (contractor, performer) has the right to demand payment of penalties (fines, penalties). The penalty is accrued for each day of delay in fulfilling the obligation stipulated by the contract, starting from the day following the day of expiration of the deadline for fulfilling the obligation established by the contract. Such a penalty is established by the contract in the amount of one three hundredth of the key rate of the Central Bank of the Russian Federation in effect on the date of payment of the penalty of the amount not paid on time. Fines are assessed for improper fulfillment by the customer of the obligations stipulated by the contract, with the exception of delay in fulfilling the obligations stipulated by the contract. The amount of the fine is established by the contract in the form of a fixed amount, determined in accordance with the procedure

6. In case of delay in fulfillment by the supplier (contractor, performer) of obligations (including warranty obligations) stipulated by the contract, as well as in other cases of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of obligations stipulated by the contract, the customer sends to the supplier (contractor, to the performer) a requirement to pay penalties (fines, penalties).

(see text in the previous edition)

(see text in the previous edition)

7. The penalty is accrued for each day of delay in the fulfillment by the supplier (contractor, performer) of the obligation stipulated by the contract, starting from the day following the day of expiration of the deadline for fulfilling the obligation established by the contract, and is established by the contract in the amount determined in the manner established by the Government of the Russian Federation, but not less than one three hundredth of the key rate of the Central Bank of the Russian Federation in effect on the date of payment of the penalty from the contract price, reduced by an amount proportional to the volume of obligations provided for by the contract and actually fulfilled by the supplier (contractor, performer).

(see text in the previous edition)

8. Fines are assessed for non-fulfillment or improper fulfillment by the supplier (contractor, performer) of obligations stipulated by the contract, with the exception of delay in the fulfillment by the supplier (contractor, performer) of obligations (including warranty obligations) stipulated by the contract. The amount of the fine is established by the contract in the form of a fixed amount, determined in the manner established by the Government of the Russian Federation.

(see text in the previous edition)

9. A party is exempt from paying a penalty (fine, penalty) if it proves that the failure to fulfill or improper fulfillment of the obligation provided for in the contract occurred due to force majeure or the fault of the other party.

10. It is allowed to conclude contracts for the supply of technical means of rehabilitation of disabled people, the creation of several works of literature or art, the performance of scientific research work or the provision of services in the field of education or services for sanatorium treatment and rehabilitation, services for organizing children’s recreation and their rehabilitation, in including the provision of vouchers, with several procurement participants. In this case, the right to conclude a contract with several procurement participants is established by the customer in the procurement documentation.

11. For procurement by customers, the federal executive authorities, the State Atomic Energy Corporation Rosatom, the State Corporation for Space Activities Roscosmos, which carry out legal regulation in the relevant field of activity, develop and approve standard contracts, standard terms of contracts, which are placed in a unified information system and constitute a library of standard contracts and standard contract terms. The procedure for developing standard contracts, standard contract terms, as well as cases and conditions for their application are established by the Government of the Russian Federation.

(see text in the previous edition)

12. If the contract is concluded for a period of more than three years and the contract price is more than one hundred million rubles, the contract must include a contract execution schedule.

13. The contract includes the following mandatory conditions:

1) on the procedure and terms of payment for goods, work or services, on the procedure and terms for the customer to accept the delivered goods, work performed (its results) or services provided in terms of compliance of their quantity, completeness, volume with the requirements established by the contract, as well as on the procedure and the timing of processing the results of such acceptance;

2) on reducing the amount payable by the customer to a legal entity or individual, including one registered as an individual entrepreneur, by the amount of taxes, fees and other obligatory payments to the budgets of the budget system of the Russian Federation related to payment for the contract, if in accordance with the law of the Russian Federation on taxes and fees, such taxes, fees and other obligatory payments are subject to payment to the budgets of the budget system of the Russian Federation by the customer.

(see text in the previous edition)

13.1. The term for payment by the customer for the delivered goods, work performed (its results), services provided, individual stages of contract execution must be no more than thirty days from the date the customer signs the acceptance document provided for in Part 7 of Article 94 of this Federal Law, except for the case specified in Part 8 of Article 30 of this Federal Law, as well as cases when the Government of the Russian Federation, in order to ensure the defense capability and security of the state, has established a different payment period.

14. The contract may include a condition on the possibility of unilateral refusal to fulfill the contract in accordance with the provisions of parts 8 - 25 of Article 95 of this Federal Law.

(see text in the previous edition)

15. When concluding a contract in the cases provided for in paragraphs 1 , , , , , , , , , , , , , , , , , - 53 of Part 1 of Article 93 of this Federal Law, the requirements of Parts 4 - , - of this article by the customer may not apply to the specified contract. In these cases, the contract can be concluded in any form provided for by the Civil Code of the Russian Federation for transactions.

(see text in the previous edition)

16. In cases established by the Government of the Russian Federation, the customer has the right to enter into a contract providing for the purchase of goods or work (including, if necessary, design, construction of an object that should be created as a result of the work), subsequent maintenance, repair and, if necessary, operation and (or) disposal of the delivered goods or the object created as a result of the work (life cycle contract).

(see text in the previous edition)

16.1. The subject of the contract may be the simultaneous performance of work on the design, construction and commissioning of capital construction projects. The procedure and grounds for concluding such contracts are established by the Government of the Russian Federation.

17. If the Government of the Russian Federation, in accordance with Part 1 of Article 111 of this Federal Law in relation to a specific procurement, decides on the need to include additional conditions for its execution in the contract, including those not related to the subject of the contract, the procurement documentation must include information about such additional conditions is provided.

18. When concluding a contract, the customer, in agreement with the procurement participant with whom the contract is concluded in accordance with this Federal Law, has the right to increase the quantity of goods supplied by an amount not exceeding the difference between the contract price proposed by such participant and the initial (maximum) contract price ( price of the lot), if this right of the customer is provided for in the procurement documentation. In this case, the price of a unit of goods should not exceed the price of a unit of goods, determined as the quotient of the contract price specified in the application for participation in the competition, request for proposals or proposed by the auction participant with whom the contract is concluded, by the quantity of goods specified in the notice of procurement .

How can a customer conduct an “external” examination of contracts concluded under clause 25.1, part 1, art. 93 of Law No. 44-FZ "On the contract system..."

1. First, a little background.

Apparently, due to a shortcoming by legislators, from July 1, 2018, customers under contracts concluded as a result of an electronic auction with a single supplier under clause 25.1, part 1, art. 93 of Law No. 44-FZ are forced to conduct an “external” examination, i.e. invite outside experts, concluding contracts with them in accordance with Law No. 44-FZ.

The fact is that earlier, clause 25, part 1, art. 93 it was established that if only 1 application was received or accepted for an electronic auction, the contract is concluded with a single supplier. At the same time, clause 25, part 1, art. 93 is indicated in the exceptions of Part 4 of Art. 94, for which “external” examination is not carried out.

But clause 25.1, part 1, art. 93 with the exceptions of Part 4 of Art. 94 is missing, while from July 1, failed (with 1 application) electronic auctions were moved from clause 25 to clause 25.1.

Accordingly, if the electronic auction held after July 1 did not take place due to the fact that only 1 application was submitted or accepted and the customer entered into a contract under clause 25.1. Part 1 Art. 93, the customer must conduct an “external” examination.

What to do in this regard:

1) [you can’t do this, but] imitate competition [well, where to go?..], i.e. asking suppliers to submit a second bid just for the sake of submitting so that the auction is considered valid,

2) conduct an “external” examination. Yes, this is required. At the same time, part 8 of Article 7.32 of the Code of Administrative Offenses of the Russian Federation establishes a fine of 20,000 rubles for non-compliance with the requirements of the law on conducting an examination of technical and technical equipment or individual stages of contract execution, if the customer is obliged to involve experts. Some controllers decided to ignore this requirement and not check or punish customers, but... not all.

2. How to conduct an “external” examination

1) enter into paid contracts with experts (on the general basis of 44-FZ - i.e. by competitive means or up to 100 rubles). The key problem here is that customers usually do not have money for examinations. If you have money, the main task is to find an expert.

2) enter into gratuitous contracts. There is an opinion that gratuitous contracts are prohibited by Law No. 44-FZ, but, for example, the Supreme Court of the Russian Federation does not share this opinion (Link to the decision of the Supreme Court of the Russian Federation), however, in relation to the request for quotations, but the essence does not change. Next we will talk mainly about gratuitous contracts.

3. Who can be an “external” expert?

Firstly, the law provides for “experts and expert organizations”. It’s easiest with organizations - in 99.5% of cases they don’t exist)) Therefore, we’ll focus on experts [individuals].

Secondly, there are 2 options for requirements for experts - under Art. 3 and Art. 41 of Law No. 44-FZ, as well as according to the professional standard “Expert in the field of procurement”. But since the professional standard concerns mainly employers, and the expert will work with us under a GPC agreement, the professional standard can be ignored with a certain reservation.

In Art. 3 states that an expert is an individual with (1) special knowledge, (2) experience, (3) qualifications in the field of science, technology, art or craft, who, on the basis of (4) a contract, carries out activities to study and evaluate the subject of examination , as well as on the preparation of expert opinions on issues raised by the customer, procurement participant. A Art. 41 prohibits (5) employees (including former) or relatives of the customer and supplier from being experts, (6) individuals if the customer or supplier directly and (or) indirectly (through a third party) can influence the result of such work persons of examination. There are still prohibitions, but they are less important.

From the above, 5 criteria for an expert can be derived - this is (1) a person who does not work and has not worked for the customer/supplier and is not their close relative, (2) the customer/supplier cannot influence him directly or through third parties, (3) ) a person who entered into a contract with the customer, (4) a person with experience relevant to the subject of the contract, or (5) with education relevant to the subject of the contract.

The law does not indicate what documents must confirm experience and education; accordingly, we can conclude that any: ID, diploma, certificate, work book, GPC agreement, etc.

The presence of documents on expertise is mandatory for the customer. Despite the fact that the law does not indicate their necessity, inspectors will require them from the customer.

4. How to conclude a free contract for examination.

The optimal recipe for today is based on two points:

1) almost all customers have a problem with “external” expertise. Therefore, you can agree with the “neighboring” customer on the exchange of experts. For example, you are a kindergarten and you need food expertise - the cook of the neighboring kindergarten will conduct the expertise for you, and your cook will do it for them. Or you need a fuel examination when refueling at a gas station - your driver or mechanic signs the examination for a neighboring customer, and their specialist signs yours. Yes, examinations will often be formal, i.e. your person will accept the product, work, service, and the expert (on your word of honor that everything is fine) will wave the pieces of paper, but the law is the law, it requires “external” expertise. Until laws are adopted on the liability of experts for poor-quality examination (and they are not adopted), the scheme is working;

2) the customer cannot be the initiator of concluding a gratuitous contract (otherwise the inspectors will have questions), but no one is stopping an expert from becoming such an initiator.

Therefore, the procedure is as follows:

0) we come to an agreement with the neighboring customer, his and our employee;

1) we send a letter to the expert with a request to conclude a contract for examination with a price of no more than 100 thousand rubles. (under clause 4, part 1, article 93, so as not to start a long topic with competitive procurement) and with a request to inform about the cost of such a contract - example of a letter: Link

Be sure to either state the terms of the contract in a letter, or attach a draft contract - example: Link

2) we receive the expert’s response that he proposes to conclude an agreement for the gratuitous provision of services “taking into account Part 2 of Article 8, Article 24, Article 93 of Law No. 44-FZ, paragraph 3 of Article 423 of the Civil Code of the Russian Federation” (quote from the court decision follow the link in paragraph 2) - example: Link

3) we enter into a gratuitous agreement with the expert - example: Link (the link also includes the regulations for conducting the examination and the form of the expert’s conclusion) and we be sure to take copies of the expert’s work, certificates, diplomas and other documents on experience and knowledge from the expert;

4) by law, the expert is obliged to notify the customer and supplier that he may be an expert, therefore:

or we ask the supplier’s representative to sign the expert’s conclusion, which contains the wording of the notification (see the link above)

or we print out a pack of expert notifications with his signature - example: Link and hand over 1 copy. each supplier according to clause 25.1 of Art. 93 for his signature on the second (your) copy;

5) we sign the expert’s expert report (or draw it up otherwise, in the manner approved by the internal local act of the customer), and in this case it is necessary to indicate in the conclusion the method of conducting the examination, for example, “visual inspection” (remember that the examination is essentially formal?) ;

6) we attach the expert opinion to the procurement materials, plus we must post a scan of the conclusion in the register of contracts and in the report on the execution of the contract in the Unified Information System.

On May 4, 2018, the Ministry of Finance introduced a bill that returns the electronic auction to paragraph 25 of Art. 93 - under exceptions from “external” examination, but the project is frozen at the discussion stage and is not moving Link to the State Duma website Most likely, such purchases will be returned under the exception from “external” examination, but when is not yet clear.

These templates and instructions are distributed free of charge; you can support the author of the templates by following this link

A state contract was concluded between a state budgetary institution (gymnasium) and a limited liability company for the provision of services for organizing hot meals for students in a state budgetary institution.

The contract was concluded with a single contractor on the basis of clause 5, part 1, art. 93 of Law No. 44-FZ.

Clause 1.2 of the contract stipulates that the following categories of students are provided with hot meals:

. students living in a dormitory (six meals a day);

students in grades 1 - 11 are entitled to free meals (hot breakfast).

Clause 3.2.8 section. 3 “Rights and obligations of the parties” of the contract stipulates that the contractor (limited liability company) undertakes to enter into a free use agreement for the catering premises and technological equipment belonging to the balance holder (gymnasium) with the right of operational management.

Is such a transfer of property by a state budgetary institution for free use with the consent of the owner (the Committee of the Republic of Adygea on Property Relations) on the basis of a government contract, or is it necessary to transfer this property on a general basis in accordance with Federal Law No. 135-FZ of July 26, 2006 “ On protection of competition" for rent, free use?

Which agreement should be concluded in the above situation - lease or loan?

In the above situation, the institution has the right, with the consent of the owner, to provide the catering unit premises and technological equipment to the contractor for free use or rent without bidding on the basis of Part 3.2 of Art. 17.1 of Law No. 135-FZ. In order to avoid a dispute, we consider it advisable to conclude a free use agreement.

Justification of the position

By virtue of Parts 1 and 3 of Art. 17.1 of Law No. 135-FZ, lease agreements and gratuitous use of state or municipal property are concluded in a manner not provided for by this article. As a general rule, such agreements are concluded only based on the results of competitions or auctions (Part 1, Clause 3, Part 3 of Article 17.1 of Law No. 135-FZ). An exhaustive list of exceptions to this rule is provided in clauses 1 - 16, part 1, parts 3.1, 3.2 and 9 of Art. 17.1 of Law No. 135-FZ (see also paragraph 1 of the explanations of the FAS Russia dated 06/05/2012 “Explanations of the FAS Russia on the application of Article 17.1 of the Federal Law dated 07/26/2006 No. 135-FZ “On the Protection of Competition”).

In particular, according to clause 10, part 1, art. 17.1 of Law No. 135-FZ, bidding is not required in the case of transfer of state or municipal property to a person with whom a state or municipal contract was concluded based on the results of a competition or auction held in accordance with Law No. 44-FZ, if the provision of these rights was provided for by the competitive tender documentation, auction documentation for the purposes of execution of this state or municipal contract.

In the situation under consideration, the contract was concluded with a single contractor on the basis of clause 5, part 1, art. 93 of Law No. 44-FZ (that is, not based on the results of auctions), in connection with which, provided for in paragraph 10 of Part 1 of Art. 17.1 of Law No. 135-FZ, the basis is not applicable.

At the same time, in the above situation, as it seems to us, the premises and equipment specified in the question can be transferred for rent or free use to the contractor under the contract without holding a tender on the basis provided for in clause 2, part 3.2 of Art. 17.1 of Law No. 135-FZ. According to this norm, the conclusion of lease agreements, agreements for gratuitous use in relation to state or municipal property of state or municipal organizations engaged in educational activities is carried out without holding competitions or auctions in the case of concluding these agreements with public catering organizations to create the necessary conditions for organizing meals for students and employees of organizations engaged in educational activities.

Thus, if an institution (gymnasium) meets the criteria of an organization engaged in educational activities (clause 20 of Article 2 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”), it has the right to provide food service premises and technological equipment, necessary to provide services for organizing hot meals for students, without bidding for free use or rent to the contractor under a government contract (see, for example, the decision of the Third Arbitration Court of Appeal dated December 15, 2015 No. 03AP-6313/15). The latter, in our opinion, should be considered as a public catering organization.

As for the question of choosing the type of contract that should be concluded in the above situation, we believe that it should be decided based on the essence of the relationship between the institution and the contractor, as well as the content of the contract concluded between them. In itself, the condition given in the question, according to which the institution undertakes to conclude a contract for free use with the contractor, as it seems to us, is not unconditional evidence that the parties to the contract have an obligation to conclude a corresponding contract. However, in our opinion, such a condition in the event of a dispute (for example, if the institution invites the contractor to enter into a lease agreement rather than a free use agreement) with a high degree of probability can be assessed by the court as indicating the need for the purpose of fulfilling the contract to transfer premises and equipment to the contractor specifically for free use (Articles 431, 327.1, 429 of the Civil Code of the Russian Federation), since execution of the contract on other terms obviously does not meet the interests of the contractor. Therefore, in the above situation, in order to avoid the emergence of controversial situations, we consider it advisable to transfer the property specified in the question to the executor for free use. Of course, in order to conclude the relevant agreement, the institution must obtain the consent of the owner (clause 3 of Article 298 of the Civil Code of the Russian Federation).

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - they are allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.
Read what kind of purchases to carry out on the ETP, how to choose a site and obtain an electronic signature, what are the rules for concluding contracts during the transition period and after.

Such a purchase does not comply with Law No. 44-FZ, since this law does not provide for gratuitous purchases. Moreover, all customer purchases are indicated in the schedule.

Concluding a contract with a price equal to zero is contrary to the provisions of civil and budget legislation, since in accordance with paragraph 1 of Article 423 of the Civil Code of the Russian Federation, an agreement under which a party must receive payment or other consideration for the performance of its duties, is paid.

Is it possible to conclude a contract with a price of 0 rubles? to attract experts for the purpose of accepting work

No, it is not allowed. Such a purchase does not comply with Law No. 44-FZ, since it does not provide for gratuitous purchases. Moreover, all customer purchases are indicated in the schedule. Law No. 44-FZ establishes the paid nature of the examination, indicating compensation for the costs of its conduct (Part 14, Article 95 of Law No. 44-FZ).

Letter of the Ministry of Economic Development of Russia dated December 25, 2015 No. D28i-3776

“...According to Part 1 of Article 18 of the Federal Law of July 26, 2006 No. 135-F3 “On the Protection of Competition”, federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, state extra-budgetary funds conclude agreements with financial organizations only based on the results of an open competition or open auction held in accordance with the provisions of Law No. 44-FZ, for the provision of the following financial services:

attracting funds to deposits;

opening and maintaining bank accounts, making payments on these accounts;

services for maintaining a register of securities owners;

trust management of securities;

non-state pension provision.

According to Part 2 of Article 59 of Law No. 44-FZ, the customer is obliged to conduct an electronic auction if goods, works, and services are purchased that are included in the list established by the Government of the Russian Federation, or in the additional list established by the highest executive body of state power of a constituent entity of the Russian Federation when purchasing goods, works, services to meet the needs of a constituent entity of the Russian Federation, with the exception of cases of procurement of goods, works, services through a request for quotations, request for proposals, procurement from a single supplier (contractor, performer) taking into account the requirements of Law No. 44-FZ .

Services in the field of financial intermediation (code 65 according to the All-Russian Classification of Products by Type of Economic Activities) are included in the list of goods, works, services, in the event of procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction), approved by order of the Government of the Russian Federation dated 31 October 2013 No. 2019-r.

Thus, the purchase of services from credit institutions for the transfer of citizens’ wages must be carried out by the customer through an electronic auction in accordance with the provisions of Law No. 44-FZ.

It should be noted that according to the provisions of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation), payment for the supply of goods, performance of work, provision of services for state or municipal needs is carried out on the basis of a state or municipal contract, respectively, for the supply of goods, performance of work, provision of services for state or municipal needs (Article 526 of the Civil Code of the Russian Federation, Article 702 of the Civil Code of the Russian Federation).

In accordance with the provisions of Article 527 of the Civil Code of the Russian Federation, a state or municipal contract is concluded on the basis of an order placed at the expense of budgetary funds, in the manner prescribed by Law No. 44-FZ, which regulates the relevant relations.

Consequently, the provisions of Law No. 44-FZ apply if the customer transfers budget funds to a legal entity or individual as payment for goods supplied, work performed or services provided.

In accordance with paragraph 1 of Article 423 of the Civil Code of the Russian Federation, an agreement under which a party must receive payment or other consideration for the performance of its duties is compensated.

In this regard, contracts concluded for the sale of the right to conclude a contract are compensated, since the customer receives payment from the winner of the purchase.

Considering the above, concluding a contract with a price equal to zero is contrary to the provisions of civil and budgetary legislation. ..."

Magazine "Goszakupki.ru" is a magazine on the pages of which practical explanations are given by leading industry experts, and materials are prepared with the participation of specialists from the Federal Antimonopoly Service and the Ministry of Finance. All articles in the magazine are of the highest degree of reliability.

1. The conclusion of lease agreements, agreements for gratuitous use, agreements for trust management of property, and other agreements providing for the transfer of rights of ownership and (or) use in relation to state or municipal property that is not secured by the right of economic management or operational management can be carried out only based on the results holding competitions or auctions for the right to conclude these agreements, with the exception of granting the specified rights to such property:

1) on the basis of international treaties of the Russian Federation (including intergovernmental agreements), federal laws establishing a different procedure for disposing of this property, acts of the President of the Russian Federation, acts of the Government of the Russian Federation, court decisions that have entered into legal force;

2) state bodies, local government bodies, as well as state extra-budgetary funds, the Central Bank of the Russian Federation;

3) state and municipal institutions;

(see text in the previous edition)

4) non-profit organizations created in the form of associations and unions, religious and public organizations (associations) (including political parties, social movements, public funds, public institutions, public amateur bodies, trade unions, their associations), primary trade unions organizations), associations of employers, homeowners' associations, socially oriented non-profit organizations, provided they carry out activities aimed at solving social problems, developing civil society in the Russian Federation, as well as other types of activities provided for in Article 31.1 of the Federal Law of January 12, 1996 N 7-FZ "On Non-Profit Organizations";

(see text in the previous edition)

5) lawyers, notaries, chambers of commerce and industry;

6) medical organizations, organizations carrying out educational activities;

(see text in the previous edition)

7) for the placement of communication networks, postal facilities;

(see text in the previous edition)

8) a person who has the rights to own and (or) use a network of engineering and technical support, if the transferred property is part of the corresponding network of engineering and technical support and this part of the network and the network are technologically connected in accordance with the legislation on urban planning activities, the person , which has been assigned the status of a single heat supply organization in heat supply price zones in accordance with Federal Law of July 27, 2010 N 190-FZ “On Heat Supply”;

(see text in the previous edition)

10) a person with whom a state or municipal contract was concluded based on the results of a competition or auction held in accordance with Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs ", if the provision of these rights was provided for by the tender documentation, auction documentation for the purposes of the execution of this state or municipal contract, or to the person with whom the state or municipal autonomous institution concluded an agreement based on the results of a competition or auction held in accordance with the Federal Law of July 18 2011 N 223-FZ "On the procurement of goods, works, services by certain types of legal entities", if the provision of these rights was provided for in the procurement documentation for the purposes of the execution of this contract. The period for granting the specified rights to such property cannot exceed the period for the execution of a state or municipal contract or agreement;

(see text in the previous edition)

11) for a period of no more than thirty calendar days over six consecutive calendar months (granting the specified rights to such property to one person for a total period of more than thirty calendar days over six consecutive calendar months without holding competitions or auctions is prohibited);

12) in exchange for real estate, the rights in respect of which are terminated in connection with the demolition or reconstruction of the building, structure, structure of which such real estate is or part of, or in connection with the granting of rights to such real estate to state or municipal organizations carrying out educational activities, medical organizations. In this case, the real estate, the rights to which are granted, must be equivalent to the previously owned real estate in location, area and value determined in accordance with the legislation of the Russian Federation regulating valuation activities. The conditions under which real estate is recognized as equivalent to previously owned real estate are established by the federal antimonopoly authority;

(see text in the previous edition)

13) to the legal successor of a privatized unitary enterprise in the event that such property is not included in the assets of the privatized unitary enterprise subject to privatization, but is technologically and functionally connected with the privatized property and is classified by federal laws as objects of civil rights, the circulation of which is not allowed, or to objects that can only be in state or municipal ownership;

14) being part or parts of a premises, building, structure or structure, if the total area of ​​the transferred property is no more than twenty square meters and does not exceed ten percent of the area of ​​the corresponding premises, building, structure or structure, the rights to which belong to the person transferring such property ;

15) the person who submitted the only application for participation in the competition or auction, if the said application meets the requirements and conditions provided for by the competition documentation or auction documentation, as well as the person recognized as the only participant in the competition or auction, on the terms and at the price, which are provided for in the application for participation in a competition or auction and the competition documentation or auction documentation, but at a price not less than the initial (minimum) price of the contract (lot) specified in the notice of the competition or auction. At the same time, for the auction organizer, the conclusion of the contracts provided for in this part in these cases is mandatory;

16) transferred for sublease or for free use by a person to whom the rights of ownership and (or) use in relation to state or municipal property were granted based on the results of an auction or in the event that such an auction is declared invalid, or in the event that these rights are granted on the basis of state or municipal contract or on the basis of paragraph 1 of this part.

2. The procedure for concluding contracts specified in part 1 of this article does not apply to property, the disposal of which is carried out in accordance with the Land Code of the Russian Federation, the Water Code of the Russian Federation, the Forestry Code of the Russian Federation, the legislation of the Russian Federation on subsoil, the legislation of the Russian Federation on concession agreements, legislation of the Russian Federation on public-private partnership, municipal-private partnership.

(see text in the previous edition)

3. In the manner prescribed by Part 1 of this article, lease agreements, gratuitous use agreements, and other agreements providing for the transfer of ownership and (or) use rights in relation to:

1) state or municipal real estate, which belongs to state or municipal unitary enterprises by the right of economic management or operational management;

2) state or municipal real estate assigned to state or municipal autonomous institutions with the right of operational management;

3) state or municipal property, which belongs by right of operational management to state or municipal budgetary and government institutions, state bodies, local governments.

(see text in the previous edition)

3.1. The conclusion of lease agreements in relation to state or municipal property of state or municipal educational organizations that are budgetary institutions, autonomous institutions, budgetary and autonomous scientific institutions is carried out without holding competitions or auctions in the manner and on the terms determined by the Government of the Russian Federation, while simultaneously complying with the following requirements :

(see text in the previous edition)

1) tenants are business companies created by the institutions specified in paragraph one of this part;

2) the activities of the tenants consist in the practical application (implementation) of the results of intellectual activity (programs for electronic computers, databases, inventions, utility models, industrial designs, selection achievements, topologies of integrated circuits, production secrets (know-how), the right to use which contributed as a contribution to their authorized capital;

3) lease agreements establish a ban on the sublease of this property provided to business companies under such lease agreements, the transfer by business companies of their rights and obligations under such lease agreements to other persons, the provision of this property for free use, and the pledge of such lease rights.

3.2. The conclusion of lease agreements, agreements for gratuitous use in relation to state or municipal property of state or municipal organizations engaged in educational activities is carried out without holding competitions or auctions if these agreements are concluded with:

1) medical organizations to protect the health of students and employees of organizations carrying out educational activities;

2) public catering organizations to create the necessary conditions for organizing meals for students and employees of organizations carrying out educational activities;

3) physical education and sports organizations to create conditions for students to engage in physical education and sports.

(see text in the previous edition)

5. The procedure for holding competitions or auctions for the right to conclude contracts specified in parts 1 and this article, and the list of types of property in respect of which the conclusion of these contracts can be carried out through bidding in the form of a competition, are established by the federal antimonopoly body.

5.1. In accordance with Part 6 of this article, a notice of a competition is posted no less than thirty days before the deadline for submitting applications for participation in the competition, a notice of an auction is posted no less than twenty days before the deadline for submitting applications for participation in an auction.

6. From January 1, 2011, information on holding tenders or auctions for the right to conclude contracts specified in