FEDERAL LAW OF THE RUSSIAN FEDERATION

of May 1, 2019 No. 71-FZ

About introduction of amendments to the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs"

Accepted by the State Duma on April 18, 2019

Approved by the Federation Council on April 22, 2019

Article 1

Bring in the Federal Law of April 5, 2013 No. 44-FZ "About contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs" (The Russian Federation Code, 2013, No. 14, Art. 1652; No. 27, Art. 3480; No. 52, Art. 6961; 2014, No. 23, Art. 2925; No. 30, Art. 4225; No. 48, Art. 6637; No. 49, Art. 6925; 2015, No. 1, Art. 11, 51, 72; No. 10, Art. 1418; No. 14, Art. 2022; No. 27, Art. 4001; No. 29, Art. 4342, 4346, 4353, 4375; 2016, No. 1, Art. 10, 89; No. 11, Art. 1493; No. 15, Art. 2058, 2066; No. 23, Art. 3291; No. 26, Art. 3890; No. 27, Art. 4253, 4254, 4298; 2017, No. 1, Art. 15, 30, 41; No. 9, Art. 1277; No. 14, Art. 2004; No. 18, Art. 2660; No. 24, Art. 3475, 3477; No. 31, Art. 4747, 4780, 4816; 2018, No. 1, Art. 59, 87, 88, 90; No. 18, Art. 2578; No. 27, Art. 3957; No. 31, Art. 4856, 4861; No. 32, Art. 5104; No. 45, Art. 6848; No. 53, Art. 8428, 8438, 8444; 2019, No. 14, Art. 1463) following changes:

1) in Article 4:

a) to state Item 2 of part 1 in the following edition:

"2) control of compliance of information on identification codes of purchases and not exceeding of amount of financial provision for implementation of these purchases containing in scheduled plans of purchases (further also - scheduled plans), notices on implementation of purchases, protocols of determination of suppliers (contractors, contractors), conditions of the drafts contract (sent according to this Federal Law with use of unified information system to participants of purchases with whom contracts are signed);";

b) in part 3:

declare Item 1 invalid;

in Item 3 of the word "procurement plans and" to exclude;

2) Article 5 to add with part 3 following of content:

"3. The government of the Russian Federation determines procedure for establishment of requirements to forming and placement in unified information system, on the electronic platform, specialized electronic platform of information and documents provided by this Federal Law.";

Article 15 to add 3) with part 7 of the following content:

"7. If the legislation of the Russian Federation for the purpose of the conclusion of the civil agreement (contract) within the relations which are not specified regarding 1 article 1 of this Federal Law provides obligation of carrying out tenders and auctions or use of different ways of determination of the supplier (the contractor, the contractor) according to this Federal Law, in case of their carrying out provisions of Articles 14, of 23, 28 - 30, 34, the 35th this Federal Law are not applied if other is not stipulated by the legislation the Russian Federation.";

Article 16 to state 4) in the following edition:

"Article 16. Procurement planning

1. Procurement planning is performed by means of forming, approval and maintaining scheduled plans. The purchases which are not provided by scheduled plans cannot be performed.

2. Join in scheduled plans:

1) the identification codes of purchases determined according to article 23 of this Federal Law;

2) name of object and (or) name of subjects to purchases;

3) amount of financial provision for implementation of purchases;

4) terms (frequency) of implementation of the planned purchases;

5) information on obligatory public discussion of purchases of goods, work or service according to article 20 of this Federal Law;

6) other information determined by procedure, stipulated in Item 2 parts 3 of this Article.

3. Are established by the government of the Russian Federation:

1) requirements to form of scheduled plans;

2) procedure for forming, approval of scheduled plans, modification of such scheduled plans;

3) procedure for placement of scheduled plans in unified information system.

4. The government of the Russian Federation has the right to establish features of inclusion in the schedule of information on centralized purchases, joint tenders and auctions, purchases when which implementing the closed methods of determination of suppliers (contractors, contractors), and also about separate purchases, stipulated in Item 7 parts 2 Articles 83, are applied by Item 3 of part 2 of Article 83. 1, part 1 of Article 93 and article 111 of this Federal Law.

5. Scheduled plans are created for the term corresponding to effective period of the Federal Law on the federal budget for the next financial year and planning period, the Federal Laws on budgets of state non-budgetary funds of the Russian Federation for the next financial year and planning period, the law of the subject of the Russian Federation on the budget of the subject of the Russian Federation, the laws of the subject of the Russian Federation on budgets of territorial state non-budgetary funds, the municipal legal act of representative body of the municipality on the local budget. Scheduled plans join taking into account provisions of the budget legislation of the Russian Federation information on purchases which implementation is planned after planning period. In this case information specified in part 2 of this Article is entered in scheduled plans of purchases for all term of the planned purchases.

6. The schedule is created by the state or municipal customer according to requirements of this Article in the course of creation and consideration of budget statements of budget system of the Russian Federation taking into account provisions of the budget legislation of the Russian Federation and affirms within ten working days after bringing to the state or municipal customer of amount of the rights in terms of money to acceptance and (or) obligation fulfillment according to the budget legislation of the Russian Federation.

7. The schedule is created state, municipal by organizations, state, municipal the unitary enterprises according to requirements of this Article when planning financial and economic activities of the state, municipal organizations, state, municipal unitary enterprises and affirms within ten working days after approval according to the plan of financial and economic activities of the state, municipal organizations, the plan (program) of financial and economic activities of the state, municipal unitary enterprises.

8. Scheduled plans are subject to change if necessary:

1) their reductions in compliance in connection with change of the requirements to the goods which are purchased by customers, works, services established according to article 19 of this Federal Law (including marginal price of goods, works, services) and (or) standard costs on ensuring functions of state bodies, governing bodies of state non-budgetary funds, municipal authorities;

2) their reductions in compliance in connection with change of the amount of the rights brought to the customer in terms of money on acceptance and (or) obligation fulfillment according to the budget legislation of the Russian Federation, change of indicators of plans (programs) of financial and economic activities of the public, local government offices, state, municipal unitary enterprises, change of relevant decisions and (or) agreements on provision of subsidies;

3) implementation of the decision made by the customer following the results of obligatory public discussion of purchase according to article 20 of this Federal Law;

4) uses in accordance with the legislation of the Russian Federation the economy received when implementing purchase;

5) in other cases established by procedure, stipulated in Item 2 parts 3 of this Article.

9. Introduction according to part 8 of this Article of changes into the schedule can be performed not later than one day about day of placement in unified information system of the notice on implementation of the corresponding purchase or the direction of the invitation to take part in determination of the supplier (the contractor, the contractor) by the closed method or in case of the conclusion of the contract with the single supplier (the contractor, the contractor) according to part 1 of article 93 of this Federal Law - not later than one day about day of the conclusion of the contract.

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