Federal Laws of 24.07.2007 N 218-FZ, of 08.05.2010
Federal lawfrom 08.05.2010 N 83-FZ)
2. This Federal Law applies tocases of placing orders for the supply of goods,performance of work, provision of services forstate or municipal needs and needsbudgetary institutions, except in cases whereif such services are provided by internationalfinancial institutions established incompliance with international treaties,of which the RussianFederation, as well as international financialorganizations with which the Russian Federationconcluded international treaties. Scrollof these international financial institutionsapproved by the Government of the RussianFederation. (as amended by Federal Laws of 20.04.2007 N53-FZ, dated 08.05.2010 N 83-FZ)
3. Features of the placement of the statedefense order, purchase ordermaterial assets to the state reservemay be established by other federallaws.
4. The effect of this Federal Law is notapplies to relationships related:
1) with the appointment of a lawyer by the body of inquiry,a preliminary investigation body, a court forparticipation as a defense lawyer in a criminallegal proceedings in accordance withThe Criminal Procedure Code of the RussianFederation, the court to participate asrepresentative in civil proceedings incompliance with the Civil Procedurethe Code of the Russian Federation;
2) with the involvement of a lawyer to provide citizenslegal aid free of charge in accordance withFederal Law “” On Free Legalaid in the Russian Federation “”.
(Part 4 is introduced by Federal Law of November 21, 2011 N326-FZ)
Article 2. LegislationOf the Russian Federation and other regulatorylegal acts of the Russian Federation on the placementorders
1. Legislation of the Russian Federation onplacing orders is based on the provisionsCivil Code of the Russian Federation,The Budget Code of the Russian Federation andconsists of this Federal Law, otherfederal laws governing relations,related to placing orders. Norms of law,contained in other federal laws andrelated to placing orders mustcomply with this Federal Law.
2. In cases stipulated by lawRussian Federation on placing orders,President of the Russian Federation, GovernmentThe Russian Federation has the right to acceptregulatory legal acts governingrelationships associated with placing orders. (ined. Federal Law of 20.04.2007 N 53-FZ)
3. Federal executive body,exercising regulatory legalregulation in the field of placing orders, has the rightadopt normative legal acts,governing relations related to accommodationorders, in cases and to the extent thatprovided for by this Federal Law andadopted in accordance with the normativelegal acts of the Government of the RussianFederation.
4. If an international treaty of the RussianThe federation has established different rules than thosewhich are provided for by this Federallaw, the rules of internationalcontract.
Article 3. State needs,municipal and budgetary needsinstitutions
(as amended by Federal Law of 08.05.2010 N 83-FZ)
1. State needs are understood asprovided at the expense of federal fundsbudget or budgets of the constituent entities of the RussianFederation and extrabudgetary sourcesfinancing the needs of the RussianFederation, government customers in goods,works, services necessary for the implementationfunctions and powers of the Russian Federation,government customers (including forimplementation of federal target programs), forfulfillment of international obligationsOf the Russian Federation, including for the implementationinterstate target programs in whichthe Russian Federation participates (hereinafter also -federal needs), or the needs of the subjectsRussian Federation, statecustomers in goods, works, services,necessary for the implementation of functions andpowers of the constituent entities of the Russian Federation,government customers, including forimplementation of regional target programs (hereinafteralso – the needs of the constituent entities of the Russian Federation).For the needs of federal budgetary institutions andbudgetary institutions of constituent entities of the RussianFederations are understood to be providedfederal budgetary institutions,budgetary institutions of the constituent entities of the RussianFederation (regardless of the sources of financialensuring) the need for goods, work,services of the relevant budgetary institutions. (ined. Federal Laws of 24.07.2007 N 218-FZ, of 08.05.2010N 83-FZ)
2. Municipal needs are understood asprovided at the expense of local budgetsand extrabudgetary funding sourcesneeds of municipalities,municipal customers in goods, works,services necessary to resolve issueslocal significance and implementation of certainstate powers delegated to bodieslocal government by federal laws and(or) the laws of the constituent entities of the Russian Federation,functions and powers of municipal customers.For the needs of municipal budgetary institutionsis understood to be provided by municipalbudgetary institutions (regardless ofsources of financial support) needsin goods, works, services of these budgetaryinstitutions. (as amended by Federal Laws of 20.04.2007 N53-FZ, dated 24.07.2007 N 218-FZ, dated 08.05.2010 N 83-FZ)
Article 4. Government customers,municipal customers and other customers
(as amended by Federal Law of 08.05.2010 N 83-FZ)
1. Government customers,municipal customers arerespectively, state bodies (includingincluding public authorities), bodiesmanagement of public extrabudgetaryfoundations, local governments,state institutions and other recipients of fundsfederal budget, regional budgetsOf the Russian Federation or local budgetsplacing orders for the supply of goods,performance of work, provision of services at the expense ofbudget funds and extrabudgetary sourcesfinancing. Other customers arebudgetary institutions when placing ordersfor the supply of goods, performance of work, provision ofservices regardless of sources of financialensuring their execution. State,municipal customers and other customers furtherreferred to as customers. State,municipal needs, as well as the needs of the budgetinstitutions are hereinafter referred to as customer needs.(as amended by Federal Laws of 20.04.2007 N 53-FZ, of07.24.2007 N 218-FZ, from 30.12.2008 N 308-FZ, from 08.05.2010 N 83-FZ)
2. In the event that a federal body is establishedexecutive power, executive bodyauthorities of the constituent entity of the Russian Federation, bodylocal government authorized toperforming the functions of placing orders forcustomers (hereinafter also referred to as the authorized body),these authorized bodies carry outfunctions for placing orders for customers,determined by the decision to establishthe relevant authorized body, forexcluding the signing of state ormunicipal contracts as wellcivil law contracts of budgetinstitutions for the supply of goods, executionworks, provision of services for the needs of the relevantcustomers. At the same time, state ormunicipal contracts as wellcivil law contracts of budgetinstitutions are signed by the respectivecustomers. Interaction ordernotified body and customers mustbe established by the decision to create suchauthorized body. (part 2 as amended byFederal Law of 08.05.2010 N 83-FZ)
Article 5. Placing orders fordelivery of goods, performance of work, provision ofservices for the needs of customers
(as amended by Federal Law of 08.05.2010 N 83-FZ)
Under placing orders for the supply of goods,performance of work, provision of services for the needscustomers are understood to be carried out in the order,provided for by this Federal Law,actions of customers, authorized bodies forthe definition of suppliers (performers,contractors) in order to conclude with themstate or municipal contracts, andalso civil law contracts of budgetinstitutions for the supply of goods, executionworks, provision of services for the needs of the relevantcustomers (hereinafter also referred to as contracts), and in the case ofprovided for in paragraph 14 of part 2 of article 55of this Federal Law, for the purposeconclusion with them also of other civil lawcontracts in any form.
Article 6. Specializedorganization
1. The customer or the authorized body (in the caseif such a right is provided for by a decision oncreation of an authorized body) has the rightattract on the basis of a contract or in the case,provided for in paragraph 14 of part 2 of article 55of this Federal Law, based oncivil contract legal entity(hereinafter referred to as a specialized organization) forperforming the functions of placing an orderby bidding in the form of a tender forthe right to conclude a contract (hereinafter also referred to as competition)or an auction for the right to conclude a contract (hereinafteralso – auction) – development of a competitivedocumentation, auction documentation,publication and placement of a notice ofholding an open tender or openauction, sending invitations to acceptparticipation in a closed competition or in a closedauction and other related securitybidding functions. At the same time, the creationcommission for placing an order, determinationthe initial (maximum) contract price,subject and essential terms of the contract,approval of the draft contract, competitivedocumentation, auction documentation,determination of trading conditions and their changecarried out by the customer authorizedbody, and the signing of the contract is carried outby the customer. (as amended by Federal Laws of 20.04.2007 N53-FZ, dated 24.07.2007 N 218-FZ, dated 30.12.2008 N 308-FZ, dated 08.05.2010 N83-FZ)
2. Choosing a specialized organizationcarried out by a customer authorizedbody by placing an order for the provision ofservices for the needs of customers in accordance withby this Federal Law. (as amended byFederal Laws of 24.07.2007 N 218-FZ, of 30.12.2008 N308-FZ, dated 08.05.2010 N 83-FZ)
3. The specialized organization carries outthe functions specified in part 1 of this article fromthe name of the customer or authorized body. Whenthis rights and obligations arise for the customeror an authorized body.
4. The customer, the authorized body bearjoint liability for harm causednatural or legal person as a resultillegal actions (inaction)specialized organization committed inwithin the powers delegated to her by the customer,authorized body on the basis of a contract andassociated with placing an order, whenimplementation by it specified in part 1 of thisfeature articles on behalf of the customer orauthorized body. (as amended by FederalLaw of 24.07.2007 N 218-FZ)
5. A specialized organization cannot beparticipant in the placement of the order, in accordance withto which this organization carries out functions,specified in part 1 of this article. (as amended byFederal Law of 24.07.2007 N 218-FZ)
Article 7. Placement Commissionsorders
1. When placing an order by conductingcompetition, auction, and request for quotationsfor goods, works, services (hereinafter – requestquotes), a competitive, auction orquotation commission (hereinafter also referred to as commission).
2. By the customer, the authorized body beforepublications in the official gazetteor before https://123helpme.me/a-tree-grows-in-brooklyn/ posting on the official website,determined in the manner prescribed by article 16of this Federal Law, notice ofholding an open tender or openauction, on the request for quotations, onpre-selection or directionsinvitations to participate in a closed competitionor in a closed auction, decisions are made onthe creation of a commission, its composition is determined andoperating procedure, appointed by the chairmancommission. The customer, the authorized body has the rightto include in the composition of the commission mainly personshave undergone professional retraining oradvanced training in the field of accommodationorders for the needs of customers. (as amended by Federallaws of 24.07.2007 N 218-FZ, of 30.12.2008 N 308-FZ, of 08.05.2010 N83-FZ)
3. The number of members of the commission must be at leastthan five people. (as amended by Federal laws from30.12.2008 N 308-FZ, dated 08.05.2009 N 93-FZ)
3.1. When holding an open tender for the rightconclude a contract for the creation of a workliterature or art (excludingprograms for electronic computers(hereinafter referred to as a computer), databases), execution, onfinancing the rental or screening of the nationalthe film to the composition of the competition committee mustto include persons of creative professions inrelevant field of literature orart. The number of such persons should not beless than fifty percent of the totalmembers of the competition committee. (part 3.1 introducedFederal Law of July 24, 2007 N 218-FZ, as amended byFederal Law of 08.05.2010 N 83-FZ)
4. Members of the commission cannot be physicalpersons personally interested in the resultsplacing an order (including individuals,who submitted applications for participation in the competition, applications forparticipation in the auction or applications for participation inrequest for quotations (hereinafter referred to as quotation orders)or those on the staff of organizations that have submittedspecified applications), or individuals, forwhich participants are able to influenceplacing an order (including individuals,being participants (shareholders) of theseorganizations, members of their governing bodies,creditors of the procurement participants), andalso directly exercising control inthe field of ordering officialsauthorized to exercise control inthe sphere of placing orders of the federal bodyexecutive power, executive bodyauthorities of the constituent entity of the Russian Federation, bodylocal government (hereinafter also – the body,authorized to exercise control inorder placement). If detected inthe composition of the commission of these persons, the customer,the authorized body that made the decision onthe creation of a commission are obliged to immediatelyreplace them with other individuals whopersonally not interested in the resultsplacing an order and which are not capable ofinfluence participants in the placing of the order, andalso which are not directlyexercising control over the placementorders by officials of bodies,authorized to exercise control inthe sphere of placing orders. (as amended by FederalLaw of 24.07.2007 N 218-FZ)
5. Replacement of a member of the commission is allowed only uponthe decision of the customer, the authorized body,made a decision to create a commission.
6. The competition commission is carried outopening of envelopes with applications for participation incompetition and opening access to thepublic information system,filed in the form of electronic documents andsigned in accordance with regulatorylegal acts of the Russian Federation to applicationsto participate in the competition (hereinafter also – openingenvelopes with applications for participation in the competition andopening access to submitted in the form of electronicdocuments for applications for participation in the competition), selectionparticipants in the competition, consideration, evaluation andcomparison of applications for participation in the competition,determining the winner of the competition, maintainingminutes of opening envelopes with applications forparticipation in the competition and opening access to the submittedin the form of electronic documents for applications forparticipation in the competition, minutes of considerationapplications for participation in the competition, the evaluation protocol andcomparison of applications for participation in the competition. (ined.