The Rules for mandatory public discussion Procurement Law N 44-FL which will take effect from January 1, 2017

On January 1, 2017 will come into force Art. 20 of Law N 44-FL, because of h. 1 that the cases of mandatory public discussion of procurement and the procedure established by the Government. Thus, in accordance with Part. 4 Art. 20 of Law N 44-FL of purchases that require public discussion, can not be implemented without conducting such a discussion.

Based on the h. 1 tbsp. 20 of Law N 44-FL Rules for mandatory public discussion of the RF Government approved the procurement of goods, works and services for state and municipal needs, which also will take effect from January 1, 2017.

In accordance with the Rules of the mandatory public discussion held in the case of procurement at NMTSK is more than 1 billion rubles, with the use of competitive methods of determining the counterparty, except for procurement cases.:

- With closed methods of determining the counterparty;

- In the framework of the state defense order;

- Through re-competition, an electronic auction (in the event of its holding on the basis of Part 4 of Article 71 of Law N 44-FL without changing the purchase of the object..), The request for proposals;

- By carrying out a call for bids to provide humanitarian assistance or disaster relief of natural or man-made disasters in accordance with Art. 82 of Law N 44-FL.

Mandatory public discussion held customers in 2 stages in the "Mandatory public discussion purchases" the official website of the ERC. The first stage is also made available in a variety of public hearings.

The first stage begins with the placement of the ERC in the procurement plan, which contains information on procurement subject to mandatory public discussion, and continues in the ERC at least 20 days. In addition, not later than 10 days after the end of this period, full-time public hearings are held, the date, time and place of which shall be placed in the ERC no later than 5 days prior to the event. At this stage, discussing information about the purchase, included in the procurement plan.

The second stage begins with the placement of the ERC in the notice and documentation of purchase, subject to mandatory public discussion, and ends 3 days to a date not later than which the counterparty determination may be withdrawn in accordance with the Law N 44-FL. At this stage, discussing information about the purchase, included in the notice and documentation of purchase.

Being members of the obligatory public discussion entitled to any persons. The participants of the discussion after registration in the ERC have access to a specialized section, where they can leave their comments and suggestions. To participate in the full-time public hearings to discuss the implementation of the first stage, no additional action is required.

As a result of the discussion may be amended in the procurement plans, graphics plans, documentation of the procurement or the purchase may be canceled. Thus, the discussion only purchases may be canceled or modified terms to go with, but not necessarily.

Recall that in 2016 the mandatory public discussion procurement NMTSK exceeding 1 billion rubles is conducted on the basis of para. 5 h. 3 tbsp. 112 of Law N 44-FL, in accordance with the procedure approved by the Russian Economic Development Ministry's order of 10/30/2015 N 795.