Openness and transparency in procurement. The principle of transparency and openness of the budget system of the Russian Federation in practice The principle of unity of the contract system in the field of procurement

Principles of the contract system

In continuation of the series of articles on the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Law on the Constitutional Court), today we will talk about electronic document management and the principles of Contract systems.

ELECTRONIC DOCUMENT MANAGEMENT

The organization of electronic document flow in the Contract System is devoted to Art. 5 of the Law on the Constitutional Court. Part 1 of this article establishes that the exchange of electronic documents provided for by the Law on the Constitutional Court is allowed between participants. These can be applications directly mentioned in the article (for example, for participation in a competition), or other documents (for example, competition documentation, explanations of the provisions of competition documentation, etc.). In this case, these applications, final proposals and documents must be signed with an enhanced electronic signature and submitted using a unified information system.

The concept of “electronic document” is established in Art. 2 of the Federal Law of July 27, 2006 No. 149-FZ “On information, information technologies and information protection.” This is documented information presented in electronic form, that is, in a form suitable for human perception using electronic computers, as well as for transmission over information and telecommunication networks or processing in information systems.

In accordance with Part 1 of Art. 5 of the Federal Law of April 6, 2011 No. 63-FZ “On Electronic Signatures”, the types of electronic signatures are a simple electronic signature and an enhanced electronic signature. There is a distinction between an enhanced unqualified electronic signature and an enhanced qualified electronic signature. Pursuant to Art. 16 of Federal Law No. 63-FZ, accreditation of certification centers is carried out by the Ministry of Telecom and Mass Communications of Russia as the federal executive body authorized in the field of using electronic signatures.

SEVEN PRINCIPLES OF CS

The list of the main principles of the Contract system is given in Art. 6 of the Law on the Constitutional Court. According to it, the Contract system in the field of procurement is based on the principles:

Openness and transparency of information about the Contract system in the field of procurement;

Ensuring competition;

Customer professionalism;

Stimulating innovation;

Unity of the contract system in the field of procurement;

Responsibility for the effectiveness of meeting state and municipal needs;

Procurement efficiency.

The article lists the principles on which the Contract System is based. Today we will focus on four of them (the principle of openness and transparency, ensuring competition, customer professionalism and stimulating innovation), we will talk about the remaining principles later. Please note that this list, unfortunately, does not contain the principle of meeting the needs of the state as efficiently as possible.

PRINCIPLE OF OPEN AND TRANSPARENCY

This principle is proclaimed in Art. 7 of the Law on the Constitutional Court. The article says that one of the ways to implement it is to place information about government orders in a unified information system. In paragraph 2 of Art. 7 of the Law on the Constitutional Court says verbatim: openness and transparency of information about the Contract System in the field of procurement is ensured, in particular, by placing it in a unified information system. The legislator does not directly speak about any other ways to ensure this principle, but by using the phrase “in particular”, he leaves open the possibility of ensuring openness and transparency by any other means.

Part 3 contains a requirement for the completeness and reliability of information posted in the unified information system: “The information provided for by this Federal Law and posted in the unified information system must be complete and reliable.” If the Law on the Constitutional Court itself helps to determine the completeness of information, then difficulties may arise with the definition of “reliability,” and Federal Law No. 94 transfers them “inherited” to the Law on the Constitutional Court.

When placing orders within the framework of Federal Law No. 94-FZ, a frequent reason for the rejection of applications was the indication of “unreliable” information in the application. Clause 1 part 1 art. 12 of Federal Law No. 94-FZ imperatively instructs the commission not to allow a procurement participant to participate in a competition or auction if the documents submitted by the procurement participants contain inaccurate information about the participant himself or about the goods, works, or services offered. And throughout the entire period of Federal Law-94, heated debates did not subside about what kind of information the term “unreliable” could be applied to. In order to understand this issue, lawyers had to turn to dictionaries:

Ozhegov’s explanatory dictionary: “Reliable: true, not in doubt. Reliable information";

Ushakov’s Explanatory Dictionary: “Reliable: genuine, undoubted, beyond doubt”;

Efremova’s explanatory dictionary: “Unreliable: lacking reliability, very doubtful.”

Thus, the key condition for recognizing information as reliable was highlighted: it should not raise doubts. Moreover, the source of this “unreliability” can be divided into two parts: an indication of unreliability is contained in the information and this information itself raises doubts. For example, the latter was and is often found in applications that indicate non-existent models or non-existent characteristics of goods.

PRINCIPLE OF ENSURING COMPETITION

The content of this principle is disclosed in Art. 8 of the Law on the Constitutional Court. This article establishes the focus of the Contract System on creating equal conditions to ensure competition between procurement participants. Note that an entire chapter is devoted to solving this problem. 4 of the Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition,” which contains antimonopoly requirements for bidding, requesting price quotes for goods, as well as specifics for concluding agreements with financial organizations, concluding agreements in relation to state and municipal property.

Part 2 Art. 8 reveals the concept of “ensuring competition” - this is compliance with the principle of fair price and non-price competition between procurement participants in order to identify the best conditions for the supply of goods, performance of work, and provision of services. The commented part actually reproduces the norms of Art. 17 of Federal Law No. 135-FZ “Antimonopoly requirements for bidding and requesting price quotations for goods.” According to it, when conducting tenders or requesting price quotes for goods, actions that lead or may lead to preventing, limiting or eliminating competition are prohibited, and restricting access to participation in tenders or requesting quotes not provided for by federal laws or other regulatory legal acts is prohibited.

PRINCIPLE OF CUSTOMER PROFESSIONALISM

Article 9, which contains this principle, summarizes the well-known phrase “Professionals must work in procurement!” According to Part 1 of Art. 9, The contract system in the field of procurement provides for the implementation of the activities of the customer, a specialized organization and a control body on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement. However, to date in Russia there is no such qualification as a “purchaser”. At the moment, there is no training program for specialists in this field in higher educational institutions within the framework of higher professional education. All training in 99.9% of cases comes down to a short one-month advanced training course.

Unlike Russia, in the United States, already in 1976, the Federal Procurement Institute was formed, which provides training and advanced training for workers in this profile. Moreover, taking into account the “sensitivity” of the purchasing position, the US Congress, by law of 1988, established requirements for the integrity of this category of employees (standards of ethical behavior). By the way, the Federal Antimonopoly Service (our regulatory body) in February 2011 adopted the code of ethics for civil servants of the Federal Antimonopoly Service. But, in essence, this is just a set of moral standards that an individual or a group of people must follow. The code of ethics regulates interpersonal relationships and gives a special moral meaning to all joint activities of people, in this case the antimonopoly service. But the principles contained in it are so general that it is impossible to single out controllers in the field of public procurement there.

According to Part 5 of Art. 62 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”, advanced training of a civil servant is carried out as necessary, but at least once every three years. On January 1, 2009, Decree of the Government of the Russian Federation dated May 6, 2008 No. 362 “On approval of state requirements for professional retraining, advanced training and internship of state civil servants of the Russian Federation” came into force. This resolution was adopted in pursuance of Decree of the President of the Russian Federation of December 28, 2006 No. 1474 “On additional professional education of state civil servants of the Russian Federation.” In accordance with these documents, training is carried out under the additional professional educational program “Management of State and Municipal Orders” in accordance with the requirements approved by the Ministry of Education and Science of the Russian Federation. Thus, according to these requirements, the standard period for completing advanced training (within a single program), regardless of the training technologies used, must be at least 120 classroom hours for the basic level. There are no strict requirements for the program; there are only requirements for what a specialist who has taken the course should know and be able to do. There is also an approximate content of training programs (modules). The specific name and content of educational modules for sections of specialization, as well as the content and duration of basic disciplines are determined by the educational institution independently. An educational institution has the right to change up to 30% of the content of the program while maintaining the basic minimum content established by these same requirements.

Part 2 Art. 9 of the Law on the Constitutional Court, continuing to declare professionalism in procurement, provides for the adoption of measures to maintain and improve the level of qualifications and professional education of officials involved in procurement. However, for some reason, one of the subjects listed in Part 1 of Art. disappeared from this norm. 9 of the Law on the Constitutional Court, is a control body. It is unlikely that the legislator deliberately excluded inspectors from this circle, believing that they did not need advanced training and education. An analysis of the work of regulatory bodies within the framework of Federal Law 94 proves the need for measures to improve the qualifications of some employees, which can be confirmed by a fairly large number of successful appeals in courts of decisions taken by these bodies. For example, according to the report of the Federal Antimonopoly Service, the number of cases lost by the FAS Russia bodies over the three quarters of 2011 is 22% of the total number of appealed decisions, that is, every fifth decision (resolution) of the FAS Russia is invalid. So we must admit that the legislator got carried away by giving the controllers an “automatic” rating.

PRINCIPLE OF STIMULATING INNOVATION

The phrase “innovative products” has become very fashionable over the past few years. In legislation, if the term “innovative” is mentioned, it is very vague. The criteria for classifying goods, works, and services as innovative products are established by federal executive authorities exercising regulatory functions in the established field of activity. However, no one can yet say unequivocally what products should be considered innovative. For example, the Ministry of Emergency Situations of Russia, in accordance with Federal Law-223, issued an order dated December 14, 2012 No. 768 “On approval of criteria for classifying goods, works, services as innovative products and (or) high-tech products for the purpose of forming a procurement plan for such products” (registered in Ministry of Justice of Russia 02/18/2013 No. 27137). In this document, innovation is characterized only by general, vague characteristics: the consumer properties of the product must be improved, must have a positive economic effect of implementation, the product, work, service must have an applied nature and practical application, etc. Approximately the same can be said about the order of the Ministry of Industry and Trade of Russia dated November 1, 2012 No. 1618 “On approval of criteria for classifying goods, works and services as innovative products and (or) high-tech products in industries related to the established field of activity of the Ministry of Industry and Trade of the Russian Federation "(registered with the Ministry of Justice of Russia on March 11, 2013 No. 27584).

There is terminology from the Organization for Economic Cooperation and Development (OECD), which has been used in Russian statistics for 15 years. According to it, an innovative product is considered to be a product that has been produced for no more than three years and is very different in comparative characteristics from an existing one. Of course, all these definitions are too general and need to be specified.

Hello, dear colleague! Today's article will discuss the principles on which the contract system in procurement is based. These principles are reflected in Articles 6-12 of 44-FZ.

And so, the contract system in the field of procurement is based on:

— the principle of openness and transparency of information about the contract system in the field of procurement (Article 7 44-FZ);
— the principle of ensuring competition (Article 8 44-FZ);
— the principle of professionalism of customers (Article 9 44-FZ);
— the principle of stimulating innovation (Article 10 44-FZ);
— the principle of unity of the contract system in the field of procurement (Article 11 44-FZ);
— the principle of responsibility for the effectiveness of meeting state and municipal needs, the efficiency of procurement (Article 12 44-FZ).

Let us now take a closer look at each of these principles.

1. The principle of openness and transparency of information about the contract system in the field of procurement

This principle is that the Russian Federation provides free and free access to complete and reliable information about the contract system in the field of procurement. The openness and transparency of this information is ensured by placing it in the unified information system (UIS) - www.zakupki.gov.ru.

2. Principle of ensuring competition

This principle is that the contract system in the field of procurement is aimed at creating equal conditions to ensure fair price and non-price competition between procurement participants. Those. any interested party has the opportunity, in accordance with the legislation of the Russian Federation and other regulatory legal acts (LLA) on the contract system in the field of procurement, to become a supplier (contractor, performer). Restriction of competition, in particular unreasonable limitation of the number of procurement participants, is prohibited.

3. The principle of customer professionalism

This principle is that the activities of the customer, specialized organization and control body in the field of procurement are carried out on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement. Customers and specialized organizations must take measures to maintain and improve the level of qualifications and professional education of their employees.

4. The principle of stimulating innovation

This principle is that customers, when planning and carrying out purchases, should proceed from the priority of meeting state and municipal needs through the purchase of innovative and high-tech products. The criteria for classifying goods, works, and services as innovative products are established by federal executive authorities that carry out the functions of legal regulation in the established field of activity.

5. The principle of unity of the contract system in the field of procurement

This principle is that the contract system in the field of procurement is based on uniform principles and approaches provided for by this Federal Law and allowing to meet state and municipal needs through planning and implementation of procurement, their monitoring, audit in the field of procurement, as well as control in the field of procurement . Those. Such unified principles and approaches are provided directly by 44-FZ, as indicated in Article 11.

6. The principle of responsibility for the effectiveness of meeting state and municipal needs and the efficiency of procurement

This principle is that all government bodies, institutions and legal entities, when planning and implementing procurement, must proceed from the need to achieve specified results in meeting state and municipal needs. Customer officials bear personal responsibility for compliance with the requirements established by the legislation of the Russian Federation on the contract system in the field of procurement and regulations specified in parts 2 and 3 of Article 2 of 44-FZ.

So we have looked at the principles on which the contract system in the field of procurement is based. However, in practice, not everything is as smooth as it looks on paper. Those suppliers who regularly participate in procurement know this first-hand, and those who are just planning to start participating in tenders will soon see this for themselves.

That's all. See you in the next articles. I wish you good luck and new victories!

2. mandatory openness to society and the media:

Draft budgets submitted to representative bodies of state power and the Ministry of Defense,

Procedures for consideration and decision-making on draft budgets, including on issues that cause disagreement either within the body or between bodies

3. completeness of information on the progress of budget execution,

4. availability of other information about budgets by decision of legislative bodies of state power, representative bodies of the Moscow Region;

5.providing access to information posted on the Internet on the unified portal of the budget system of the Russian Federation

6.stability and (or) continuity of the budget classification of the Russian Federation,

7. ensuring the comparability of budget indicators for the reporting, current and next financial year (the next financial year and planning period).

Exception: secret budget items (those that are disclosed to a limited number of people) - considered in the 1st reading.

They can only be adopted within the framework of the federal budget (the region and local budget cannot);

Secret articles include those related to the defense of the country (about security, security)

Despite the fact that there is a secret item, we can look at the total expenditure of the budget on these secret items (we do not see specific areas)

Secret articles are considered at a closed meeting of the chambers of the Federal Assembly. Materials for secret articles are considered exclusively by the chairmen of the chambers of the Federal Assembly and special commissions of the chambers.

The adoption of special secret programs and their inclusion in certain federal budget expenses is carried out on the recommendation of the President of the Russian Federation.

10. The principle of budget reliability. The budget should be based on forecast indicators for social and economic development; calculation of budget income and expenses db realistic.

11. The principle of targeting and targeted nature of the budget. All budget funds that are located at any state level of the budget system must be communicated to specific recipients of budget funds, indicating the purpose of their use.

12. The principle of jurisdiction of expenses(the lecture also said: income, sources of financing the budget deficit).

Any body (Ministry of Finance, Ministry of Justice) has a main manager of the budget. He has managers of budget funds (in the TO), then there are final recipients (who can only receive money from the manager). The principle of jurisdiction: you cannot take it from the main manager.

Recipients of budgetary funds have the right to receive budgetary allocations and limits of budgetary obligations only from the main manager (manager) of budgetary funds, under whose jurisdiction they are.

The main managers (managers) do not have the right to distribute budget allocations and limits of budget obligations to managers and recipients not included in the list of managers and recipients subordinate to them (Article 158 of the Budget Code)

The manager and recipient of the MB are included in the list of only one main manager of budget funds.

The jurisdiction of the recipient of budget funds to the main manager (administrator) of budget funds arises by virtue of the law, legal acts of the President, the Government, the highest executive authority of a constituent entity of the Russian Federation, and local administration.

13. The principle of unity of cash registers. Crediting all cash receipts and making all cash payments from a single budget account.

with the exception of:

1- operations for the execution of budgets carried out outside the territory of the Russian Federation, a constituent entity of the Russian Federation, a Moscow Region (where there is no Central Bank. This is verified by the fact that the Central Bank issues a notification that there is no division of its own in the territory of the Russian Federation and then settlements are carried out through the CB). Resolution of the Constitutional Court of June 17, 2004 No. 12 P.

2-operations carried out in accordance with the currency legislation of the Russian Federation (Federal Law on currency regulation and control).

Doctrinal:

Principle of harmonization= the principle of balancing the interests of the federation and regions, when everyone must take into account mutual interests (passive component), and, if necessary, provide financial assistance, both from the regions to the center and from the center to the regions (active component).

The principle of subsidiarity: You should never assign to a larger unit something that can be done by a smaller one. This principle concerns the distribution of expenditure competence between the budgets of the budget system. The ownership of expenditure obligations must follow from the distribution of powers, which must be carried out in accordance with the principle of subsidiarity.

The Budget Code of the Russian Federation is approved in the form of laws, and since any budget affects the rights, freedoms and responsibilities of man and citizen, therefore, based on the above norm of the Constitution of the Russian Federation, it must be published. Secondly, the principle of transparency (openness) means the complete provision of information on the progress of budget execution. Since the execution of budgets is carried out by executive authorities, and the legislative (representative) authorities do not participate in this process, but review and approve budgets, they must have complete information about the execution of budgets. Thirdly, the principle of transparency (openness) provides for the availability of other information about budgets.

Article 36. principle of transparency (openness)

The Constitutional Court of the Russian Federation indicates that financial regulation and the budget system of the Russian Federation must meet the requirements of openness and transparency of both the process of adoption of financial-intensive decisions by public authorities and the very use of financial resources of the Russian Federation, which contributes to the implementation of effective control of civil society over financial matters based on the principles of democracy. activities of the state represented by its bodies<1. <1 Постановление Конституционного Суда РФ от 17.06.2004 N 12-П «По делу о проверке конституционности пункта 2 статьи 155, пунктов 2 и 3 статьи 156 и абзаца двадцать второго статьи 283 Бюджетного кодекса Российской Федерации в связи с запросами Администрации Санкт-Петербурга, Законодательного Собрания Красноярского края, Красноярского краевого суда и Арбитражного суда Республики Хакасия» // РГ. N 134. 25.06.2004.

Russian legislation

Attention

In what proportions are budget expenses distributed? (31.71%) Based on this rating, a list was compiled of topics that interested citizens more than others: state priorities in spending money; ratio of expenses for various areas; budget innovations; and how the size of the budget for a particular year is determined; tax deductions; value of oil and gas revenues for the country's budget, state expenditures per 1 civil servant It was decided to highlight these issues in the “Budget for Citizens”. The budget for citizens at the federal level of government is posted on the website of the Ministry of Finance of the Russian Federation.

The budget for citizens to the federal law on the federal budget for 2017 and for the planning period of 2018 and 2019 was published on the website on December 21, 2016.

Commentary to Article 36 of the Russian Federation Code

URL: http://beta.nifi.ru/images/FILES/Journal/Archive/2016/6/Statii/fm_2016_6_12.pdf (07/26/2017) Reviews: 07/24/2017, 11:39 Kotilko Valery Valentinovich Review: the article can be published . for the author - you need to look at the website of the Scientific Research Institute of the Ministry of Finance of the Russian Federation. They hold many conferences and round tables on this topic.
It would be nice to reflect this in the article! 07/24/2017 20:20

Important

Response to the author's review Khusainova Ralina Ildarovna: Thank you! Okay, I'll take a closer look. User comments: 07/26/2017, 11:54 Khusainova Ralina Ildarovna Feedback: Dear Valery Valentinovich, I added information from the website of the Research Institute of Financial Research of the Ministry of Finance of the Russian Federation.

Are you really human?

Civil Procedure Code of the Russian Federation) Housing Code of the Russian Federation (LC RF) Land Code of the Russian Federation (LC RF) Code of Administrative Offenses of the Russian Federation (CAO RF) Tax Code of the Russian Federation (TC RF) Family Code of the Russian Federation (FC RF) Labor Code of the Russian Federation ( Labor Code of the Russian Federation) Criminal Executive Code of the Russian Federation (CPC RF) Criminal Code of the Russian Federation (CC RF) Criminal Procedure Code of the Russian Federation (CPC RF) Budget Code of the Russian Federation (BC RF) Urban Planning Code of the Russian Federation (GrK RF) Forestry Code of the Russian Federation Federation (LC RF) Customs Code of the Russian Federation (LC RF) Water Code of the Russian Federation (VK RF) Air Code of the Russian Federation (IWC RF) Code of Inland Water Transport of the Russian Federation (KVVT RF) This version of the law may not be relevant at the moment.

Article 36 of the Russian Federation Book Code. principle of transparency (openness)

The forecast value of the budget openness index of the Russian Federation in accordance with the state program “Public Finance Management and Regulation of Financial Markets” should be 81 points by 2020. The creation of a “Budget for Citizens” in the Russian Federation plays an important role in the country’s budget system.
It helps a wide range of people obtain accessible and understandable information about issues that interest them. For example, schoolchildren and students can use it to study the country's budget system, and financiers use it in their professional activities.

This increases the level of public trust in the state. Conclusions. The need to create budgets for citizens is also to improve the efficiency of public finance management.

The budget for citizens is a public platform for raising and resolving budget issues.
Bodies of state power and local self-government will be able to perform their functions most efficiently if the budget classification of the Russian Federation, which underlies the entire budget process, is not subject to constant changes, which often happens in practice. The budgets of three years (reporting, current and next) are interconnected, since at the same time a report on the previous year’s budget is drawn up, the current year’s budget is executed and the next year’s budget is drawn up.

At the same time, the indicators of the listed budgets must be compared, which contributes to the effective preparation of the draft budget for the next year and the execution of the current year’s budget.
The budget for citizens of the Russian Federation was created after the Budget Message of the President of the Russian Federation dated June 13, 2013 “On budget policy in 2014-2016.” In it, V.V. Putin expressed the initiative to publish the brochure “Budget for Citizens” at the federal, regional and local levels of government in order to “inform the population about the relevant budgets, the planned and achieved results of using budget funds.”

Before the creation of this budget, from September 9 to 12, a vote was organized on the Open Government website for the 10 most interesting issues for citizens, proposed by members of the working group and the Expert Council, which should be contained in this document. According to the data, 881 people took part in the survey.

According to the rating, the following 10 questions received the most votes: 1. What expenses are currently a priority and why? (47.97%) 2.
The unity, stability and continuity of the budget classification of the Russian Federation allow state authorities and local governments to receive more complete and accessible information on budget execution. Transparency (openness) of budgets is limited by the introduction of secret budget items during the formation of budgets, for which a special (closed) procedure for drawing up, review and approval is defined, in which information about these items cannot be available to the public.

Info

Such articles are most often related to the country's defense capability, which should not be available to the general public. However, in Art. 36 of the Budget Code of the Russian Federation provides that secret items can only be approved as part of the federal budget.

Secret items cannot be provided for either in the budgets of the constituent entities of the Russian Federation, much less in local budgets.