Work in the field of procurement under 44 FZ. Contractual procurement system. Professional standard "Procurement Specialist"

Finding the right job for yourself today is not easy. After all, she should not only help support herself and her family, but also allow her to be realized as a professional in her field. And the majority of job seekers who want to find a job officially expect to receive a full social package and related benefits. Among available vacancies the position of a procurement specialist is not uncommon. What do these kind of employees do? At what enterprises is there a need for them? What responsibilities should this specialist perform? Is it necessary to get a full-fledged higher education for this or is it enough to take courses? Procurement specialist is a popular vacancy today. Therefore, later in the article, the answers to the above questions will be considered.

The essence of the document

What is job description specialist for a special internal document a particular organization, which clearly and clearly sets out the basic requirements for the applicant for this position, describes the range of all his professional duties, as well as official rights, a framework that determines the degree of his responsibility for negligent work. Its presence is mandatory in any enterprise where there is a position of "procurement specialist". The responsibilities of the employee must be properly defined in order for their function to be carried out in the company as expected. What does the latter consist of?

Specialist functions

Despite the fact that the position in question appeared relatively recently, the professional standard "Procurement Specialist" is fully formed and contains strict requirements. After all, such employees were required before. For example, similar professional functions were performed by employees enrolled in the staff of enterprises and industrial organizations... Then this position had a different name: logistics engineer.

So what does the job of "purchasing specialist" mean? In short, without revealing to the reader the numerous nuances of professional duties that reflect the characteristics of work and production of a particular company, then main task such an employee is the permanent provision of the organization with any necessary materials or goods.

The general function, which reflects the professional standard "Specialist in the field of procurement", (namely: providing the enterprise with the commodity and material values ​​necessary for its adequate functioning), among other things, includes still enough a large number of indirect responsibilities, such as analyzing the actual relationship between the quality of products offered by suppliers and their market value.

Purpose and structure

It is the job description, as noted above, that is one of the two main documents (the second is the employment contract concluded with the employee), which determine what a procurement specialist must perform in the course of his work. The formation of this document is the primary task of management, because, according to current legislation, an employee cannot perform any duties, except for those that were clearly described in the contract that he entered into in the employment process. And this document, as a rule, in specified location makes a link, urging to refer to the job description. That is why many specialists pay such attention to it.

What should the job description of the specialist in question look like? It is important that it is drawn up in accordance with the standards and forms that are adopted in the region. So, the document in question should be drawn up in such a way that it necessarily contains the following sections:

• The first section is completely devoted to the data on the agreement and approval of the text of this document itself. To do this, everyone who took part in these processes must record this fact by putting their personal signatures with their transcripts, and also indicate the corresponding dates. In the coordination, as a rule, personnel are involved, as well as directly the department to which a certain employee will belong.
• In the next section, you must list all the current requirements for the candidate for the position in question. They should describe in detail the required education, knowledge and practical skills, the required work experience, as well as age and other characteristics that may be relevant to the given specific position... In addition, you should provide a complete list of all documentation (including both the internal acts of the company and legislative acts of national importance), which the new employee will need to carefully read. And also the section under consideration describes the place of office in general staffing table, the procedure and conditions for accepting a candidate for a job, a mechanism for dismissal or replacement of an employee, for the period of his non-long-term absence. It is important to identify the immediate supervisor of the new employee.
• In the main section of the instruction in question, it is necessary to list everything that is expected of the employee in the course of his professional activity (all his job duties, as well as rights). The more accurately the duties of a specialist are described in the instructions, the more likely it is that the work will be performed correctly, which will benefit the enterprise. Rights are inextricably linked with responsibilities. As a rule, these include: the right to decent working conditions; the right to receive the data necessary for the performance of their duties; the right to propose activities designed to improve the workflow.
• The last section usually deals with what responsibility the employee will incur if he fulfills his professional duties in an inappropriate manner.

Features of the document

What defines the terms of reference that a procurement specialist has? 44-FZ, or Federal Law, which reflects the current requirements of the legislation. According to him, the document in question has much in common with the job description of a procurement specialist. However, there are a number of differences that distinguish the position of "procurement specialist". The responsibilities of these two workers are not identical. Knowing these differences is especially important for employees and management. large enterprises, which, as a rule, provide for the presence of these two posts.

That is why, even before the final formation of the job description, it is important to thoroughly understand the basic requirements for candidates. So, you need to know what the qualifications of a procurement specialist should be, as well as how to delimit the responsibilities of these employees.

Practice shows that the duties of the employee who deals with purchases are significantly more than those who are engaged in procurement. In the official hierarchy, the first position is significantly higher than the second. Similarly, the level of salary differs. That is why it would be logical that the requirements for a candidate for the position of "procurement specialist", whose duties are much more significant, would be much higher and stricter. This should be taken into account when drawing up a job description. A procurement specialist (or rather, a candidate for this position) can draw up a resume successfully only if he familiarizes himself with the standard requirements for the applicant in advance.

Likewise, the professional responsibilities of employees should also be clearly delineated. This will help to establish well-coordinated interaction both between the specialists themselves and between the entire departments that are subordinate to them.

Requirements for a procurement specialist

The specifics of a particular profession determines a number of special requirements specific to a particular profession that are presented to candidates for the position. And in this area, there are also certain criteria. The procurement specialist is selected based on the skills and knowledge available. Thus, the candidate must:

• have an analytical mindset;
• be able to make decisions even in conditions of constant stress and take full personal responsibility for their results;
• be able to process large amounts of information and competently maintain current documentation;
• have the skills of leading business negotiations in order to achieve the desired result for the company;
• clearly understand how customs are organized and how transport companies operate;
• to be confident user personal computer, as well as be able to use all the necessary to perform professional functions programs.

Among other things, any employer has the right to formulate other requirements that are necessary in order to perform well the work. The purchasing specialist is an essential component of a company's success. For example, if the company is engaged in foreign economic activity, then such an employee may be required to know foreign languages. Therefore, it is important to write your resume correctly. Procurement Specialist is a position that allows many to express their abilities brightly. It's worth the risk.

Rights

Job responsibilities of a specialist in public procurement will be discussed further, but now it is important to figure out what rights he has.

• Show initiative in the field of making various proposals that could improve or facilitate the flow of the work process, which is related exclusively to the performance of this employee of his functions.
• Demand from your immediate supervisor absolute assistance in matters related to the implementation of the employee's rights or obligations.
• Require the company's management to provide the department with all the necessary organizational and technical conditions, as well as the timely preparation and execution of working documents and reports that the employee needs to carry out his professional duties.
• To establish a relationship between the divisions of the company and certain divisions of some third-party organizations, which are necessary in order to promptly resolve emerging procurement issues, which invariably fall within the competence of the chief procurement manager.

A responsibility

What does the lead procurement specialist include in his or her terms of reference?

• Monitoring and ensuring the implementation of the procurement plan for each month.
• Administrative responsibility for the disclosure of classified information, which the internal documents of the company define as corporate secrets, and which is officially the property of a particular enterprise.
• Personal compliance with all existing house rules, as well as compliance with discipline standards.
• Implementation of procurement transactions, as well as the conclusion of relevant contracts with various organizations or individuals, if required.
• Fulfillment of fire safety requirements and safety regulations, in order not to cause any harm to the company's employees or its material property.
• Careful implementation of all received instructions, instructions, orders, orders, orders of the immediate superior, as well as general director firms.
• Responsibility for applying or facilitating application as material damage and direct damage to the company's business reputation.
• Responsibility for neglect of one's own official duties, which are determined by the current instruction, as well as current legislative acts Russian Federation.

Working conditions

What the job description of a procurement specialist tells about according to which he should work this employee? The mode of employment of a person occupying the position in question in the company is determined by the rules of internal work schedule, as well as an agreement that is concluded with new employees in the process of employment. Among other things, these conditions provide for the need to periodically go away on business trips to carry out official tasks.

The procedure for familiarization with the job description

Conclusion employment contract, which, in fact, marks the moment of employment, is the ideal time for the future employee to carefully study what is included in the procurement, that is, to get acquainted with the job description. How to record the fact that the employee has been provided with all the necessary information? There are several ways. Among them, the following are distinguished:

• personal signature (and its decryption), as well as the date, which indicate that the procurement specialist has already carefully studied his duties and is ready to confirm this; placed in a special magazine, which is specially designed for these purposes;
• a separate note that the employee is fully informed, which is certified by a personal signature individual worker directly under the text of the job description itself, intended to familiarize each new candidate;
• a similar mark, also certified by a signature and date, which is placed under the text of an individual job description, personally prepared for an individual employee, which is subsequently attached to his personal file opened at the enterprise.

Output

A procurement specialist is a special employee of the company who is engaged in the implementation and control of the process of supplying the company with the necessary production activities goods, all kinds of materials, various raw materials. This employee is also engaged in the preparation and verification of all reporting documents that are relevant to his direct responsibilities. Among other things, the specialist in question must have developed analytical thinking and good communication skills in order to be able to correctly assess the profitability of the proposed transaction and competently negotiate with suppliers.

It is equally important in practice to know exactly how products should be checked for compliance with the declared quality criteria. Such a specialist should be able to handle a personal computer and high level own computer programs that he will need in the course of performing his basic job responsibilities; make important decisions in short time even under pressure and in conditions of constant stress, because the success of the entire enterprise directly depends on their effectiveness; process large amounts of information in a timely manner and draw appropriate conclusions; perfectly navigate the current conditions of the functioning of the customs, as well as in the peculiarities of the work of individual transport companies with whom this organization cooperates. These employees must understand the basic subtleties of the choice. necessary materials, understand exactly how they should be transported, as well as stored so that they do not lose their useful properties and presentation. It is also desirable, and sometimes a prerequisite, to have some experience in the field of procurement. Usually active and energetic people are hired for this position. It is these candidates that have the chance that they will fill this vacancy.

If you are thinking about working as a procurement specialist, first it is important to study a typical job description (a standard document that accurately defines the range of rights, duties and responsibilities of a particular employee). This will help you familiarize yourself with the upcoming working conditions and find out all its subtleties in advance. That way you can figure out whether it's worth continuing your efforts to get the job or looking elsewhere. If everything suits you, then you need to try to make sure that you also meet all the requirements of the company. To do this, it is necessary to find out as much as possible about the organization itself, as well as about its business activity, volumes of production and sales, and at the same time about the main technical features.

You should take the issue of your own employment extremely seriously. It is important to study in advance as much information as possible about the company in which you want to get a job, as well as directly about the desired position. To do this, you must carefully and study the job description for the chosen specialty. The standard form of this document for most professions is freely available, therefore, if necessary, anyone can always familiarize themselves with it. The more prepared you are, the better your chances of getting what you want. And let the work give you only pleasant emotions!

About the standard for procurement professionals

Download Order of the Ministry of Labor No. 626n dated 09/10/2015 on the standard for experts in the procurement sector

A new professional standard for a procurement specialist was approved

On November 8, 2019, on the website of draft regulations, the Ministry of Labor published a draft Order on the approval of a professional standard for a procurement specialist. It consists of 4 sections:

1. General information.
2. Description of the labor functions of a specialist included in the professional standard (functional card of the type of professional activity).
3. Characteristics of the generalized labor functions of a specialist in the field of public procurement:
   • provision and conduct;
   • examination of the results, acceptance of the contract (agreement);
   • control.

Here is a functional map of the type of professional activity from the 2nd section of the professional standard for a specialist in the procurement field.

Generalized labor functions			Labor functions
	Name	Skill level	Name		Skill level (sublevel)
	Ensuring public procurement		Preliminary collection of data on needs, prices for goods, works, services and other objects of property rights
			Preparation of procurement documentation
			Processing of procurement results and conclusion of a contract (agreement)
	Government procurement		Making plans and justifying purchases
			Implementation of procurement procedures
	Examination of the results of public procurement, acceptance of the contract (agreement)		Verification of compliance with the terms of the contract (agreement)
			Checking the quality, timeliness, completeness of the presented goods, works, services, other objects of civil rights, compliance with other conditions of the contract (agreement)
	Control in the field of public procurement		Monitoring
			Audit and control

The third section of the professional standard reveals the content of the generalized labor functions of a specialist and the labor functions that are included in them.

Consider the generalized labor function of a specialist "Procurement of public procurement", it includes 3 functions:

1. Preliminary collection of data on needs, prices for goods, works, services and other objects of property rights.
2. Preparation of procurement documentation.
3. Processing of procurement results and conclusion of a contract (agreement).

Possible job titles (professions) are spelled out in the professional standard for this generalized function:

• Procurement Specialist;
• purchasing agent;
• purchaser;
• contract service worker;
• specialist contract service.

Requirements for the education of a procurement specialist under 44-FZ		Secondary vocational education - training programs for mid-level specialists and additional vocational education in the field of procurement or higher education - bachelor's degree or additional vocational education in the field of procurement (for contract service employees)
Experience requirements practical work		Not shown
Special conditions admission to work
Other characteristics
additional characteristics
Title of the document				Name of the base group, position (profession) or specialty
All-Russian classifier occupations (OKZ)				Buyers
Unified qualification reference book of positions of managers, specialists and other employees (CEN)				Purchasing agent
All-Russian Classifier of Workers' Professions, Employee Positions and Wage Grades (OKPDTR)				Purchasing agent

And for labor function preliminary collection of data on needs, prices for goods, works, services and other objects of property rights for specialists prescribed:

1. Labor actions
2. Skills.
3. Knowledge.
4. Other characteristics.

Collected them in a table for an example.

Labor actions		processing and analysis of information on prices for goods, works, services and other objects of property rights; processing and analysis of information and data on warehouse stocks, strategies and other plans for the organization's activities, the needs of departments, industry markets, including information about suppliers; preparing and sending invitations to identify suppliers in various ways; processing, formation and storage of data, information, documents, including those received from suppliers.
		use computing and other auxiliary equipment, communications and communications; create and maintain an information database; produce documents, generate, archive, send documents and information; investigate warehouse stocks, forecast plans of activities, industry-specific features of the organization; to study the market of suppliers and manufacturers in aggregate by categories of goods, services and in more detail for specific lots, including their loading, seasonal and regional peculiarities of production and supply, pricing; summarize the information received, prices for goods, works, services and other objects of property rights, statistically process it and formulate it analytical conclusions; identify and prevent situations of the emergence of personal interest, which leads to a conflict of interest.
		requirements of legislation and regulations governing procurement activities; civil, budgetary, land, labor and administrative legislation in terms of application to procurement; antitrust legislation; requirements of the anti-corruption legislation of the Russian Federation and responsibility for committing corruption offenses; basic measures to prevent corruption in the organization; accounting in terms of application to procurement; specifics of pricing in the market (by areas); industry-specific features of the organization; methods for determining and justifying the initial maximum prices of the contract (agreement); fundamentals of informatics in terms of application to procurement; ethics business communication and rules of negotiation.
Other characteristics		Required ethical standards: maintain confidentiality of information; comply with the ethics of business communication; show honesty and decency in professional and business relationships; not create conflict situations in the workplace; not to commit actions that discredit the profession and reputation of colleagues; not to allow libel and dissemination of information discrediting other organizations and colleagues.

Other labor functions for specialists are disclosed by analogy with this one.

A new professional standard was approved for an expert in the field of procurement

11/08/2019 on the website of draft regulations, the Ministry of Labor posted a draft Order, which approves the professional standard "Expert in the field of procurement." It consists of 4 sections:

1. General information.
2. Description of labor functions that are included in the professional standard (functional card of the type of professional activity).
3. Characteristics of generalized labor functions:
   • consulting in the field of public procurement;
   • expertise in the field of public procurement;
   • organization of work on examination and consulting in the field of public procurement.
4. Information about the organizations - the developers of the professional standard.

Labor functions, actions, skills and knowledge for an expert in the field of public procurement are described by analogy with a specialist.

How professional standards work now

The concept of a professional standard appeared in the Labor Code in 2012. Based on the Rules of Standards, which were approved by Government Decree No. 23 of January 22, 2013, the Ministry of Labor developed and put into effect, by Orders of September 10, 2015, two specialties for those working in the field of procurement: No. 625n - professional standard of a procurement specialist, No. 626n - an expert.

The circle of executing persons is determined by the Government Decree No. 584 of 06/27/2016.

For organizations with equity participation states over 50% by Government Decree No. 584 of 06/27/2016 provided for the phased application of qualification requirements until 01/01/2019.

Since 2020, employers must apply the professional standard of a contract manager only in terms of requirements for the education of employees. This is the opinion of the Ministry of Economic Development from the Letter dated 06.04.2016 No. D28i-841. And it complies with labor laws. Part 1 of Art. 195.3 of the Labor Code indicates that if the requirements for qualifications that are necessary for an employee to perform a job function are prescribed in the NLA, then employers have the right to apply professional standards only in terms of these requirements. And in 44-FZ there is a requirement only for the availability of education in the field of procurement. Therefore, only these requirements of professional standards are mandatory. The rest of the qualities are used by the customer as the basis for determining the requirements for the qualifications of employees. This rule is spelled out in Part 3 of Art. 195.3 TC.

Professional standards are applied when creating a procurement commission. The advantage is given to employees with professional retraining, advanced training, special knowledge about the object of purchase (part 5 of article 39).

Professional standard "Specialist"

The current year is a kind of watershed. Back in 2016, it was enough for a contract worker to have an education according to the rules for placing orders. The current situation obliges to comply with the professional standard of a procurement specialist from 2020 with the availability of documents on education in the contract sphere.

This specialty is divided by powers according to a scale of difficulty.

Here are the qualifications for the procurement position:

• level 5, initial - provision (preliminary data collection, preparation of documentation, conclusion of a contract);
• 6 - implementation (preparation of plans and justifications, implementation of procedures);
• 7 - verification (analysis of the results of public procurement, fulfillment of the terms of the contract and product quality);
• 8 - maximum - control (monitoring and audit).

Requirements for the education and training of specialists have been drawn up:

1. Secondary, additional professional.
2. Higher (bachelor's degree), additional professional.
3. Higher (specialty, magistracy), additional professional.

The terms of practical work experience for specialists in the field of public procurement have been determined:

1. At least 3 years old.
2. At least 4.
3. At least 5, including leadership positions at least 2.

Professional standard "Expert"

The tasks of conducting expertise and consulting, evaluating the product include the professional standard of an expert in the field of procurement. Fixed labor functions - the same list.

A similar classification system from the minimum level of complexity to the maximum can be traced here, there are only three of them:

1. Level 6 - consulting (market monitoring, inquiries).
2. 7 - expertise (in relation to procedures and execution of contracts).
3. 8 - work on consulting and examination (organization management, certification, problem research).

For the minimum limit, a higher, additional professional education with at least 3 years of practical experience is required.

For the middle level, higher education (specialty, master's degree) and additional professional and at least 4 years of work are required.

For the maximum level, you will have to get the same education as for the secondary one, but the period of professional activity cannot be less than 5 years, including less than 3 in leadership positions.

Today, with the entry into force of the Law on the Contract System (Law No. 44-FZ), the sphere of state orders has become very popular and is attracting more and more people. Among them there are those who are just choosing a specialization, there are people who, already having experience in another field behind their backs, change their profession radically, in the hope of achieving great results. Very often we choose a profession according to its outward signs and attributes based on stereotypes. Determining their future specialization, people fall into the trap of their ideas, which have nothing to do with reality. The situation with such a profession as a public procurement specialist is no different. The desirable personal qualities of a contract service employee have already been discussed in the article. The purpose of this article is to briefly talk about the features of the work and functionality of the contract manager in public procurement on the part of the customer.

Who is a contract manager

The law on the contract system introduced such a concept as a contract manager. Information and excitement regarding this topic in the media mass media and personal communication creates the impression that a contract manager is a highly paid position, work in public procurement is not difficult, very prestigious and you can understand this topic quickly enough. And what is the real situation?

Public procurement is a difficult area

Such a profession as a contract manager is not even in the Qualification Handbook of Positions. Therefore, the contract manager in work book there will be no record with such a beautiful phrase. The position will be called whatever you like: specialist, accountant, engineer, lawyer, economist, but not a contract manager. It is curious that at present the bulk of those employees who are engaged in public procurement on the customer's side are really people of related professions, who were given an additional load and an extra headache. At the same time, additional functionality is far from always paid.

Functionality of a contract manager

Despite the fact that public procurement itself has always existed, the regulatory framework on this topic has changed several times. Currently, federal law No. 44-FZ is in force, the requirements of which have seriously changed the functions, workload and the necessary qualifications of contract managers on the part of the customer and the relevant specialists on the part of suppliers. The load has increased and very much.

The functionality of a procurement specialist is a very important issue and is not fully understood by many (including managers who grew up in the legal chaos of the 1990s). Part of the answer can be found in part 4 of article 38 Federal law dated April 05, 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs" (hereinafter - the Law on the contract system). Further, a large quote from the original source for those who wish:

Article 38. Contract service

1. Customers, the total annual volume of purchases of which exceeds one hundred million rubles, create contract services (in this case, the creation of a special structural unit is not mandatory).

2. In the event that the total annual volume of purchases of the customer does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints executive responsible for the implementation of the procurement or several procurements, including the execution of each contract (hereinafter referred to as the contract manager).

3. The contract service operates in accordance with the regulations (regulations) developed and approved on the basis of the standard regulations (regulations) approved by the federal executive body for regulating the contractual system in the field of procurement.

4. The contract service, the contract manager shall carry out the following functions and powers:

1) develop a procurement plan, prepare changes to be made to the procurement plan, place in a single information system procurement plan and changes made to it;

2) develop a schedule, prepare changes to be made to the schedule, place the schedule and the changes made to it in a single information system;

3) carry out the preparation and placement in the unified information system of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the determination of suppliers (contractors, performers) by closed methods;

4) ensure the implementation of purchases, including the conclusion of contracts;

5) participate in the consideration of cases on appealing the results of identifying suppliers (contractors, performers) and prepare materials for the performance of claim work;

6) organize, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participate in such consultations in order to determine the state competitive environment in the relevant markets for goods, works, services, determining the best technologies and other solutions to meet state and municipal needs;

7) exercise other powers provided for by this Federal Law.

5. When centralizing purchases in accordance with Part 1 of Article 26 of this Federal Law, the contract service, the contract manager shall exercise the powers provided for by this Federal Law and not transferred to the relevant authorized body, authorized institution that exercise the authority to determine suppliers (contractors, performers). In this case, the contract service, the contract manager are responsible within the scope of their powers.

6. Employees of the contract service, contract manager must have a higher education or additional professional education in the field of procurement.

What is hidden behind the general wording? Quite a lot of compulsory routine work. Preparation of documents, collection of information, interaction with employees, consultations with suppliers, posting information on the Internet, possibly visits to regulatory authorities and courts and other concerns.

It should be noted that public procurement can be formally divided into three large blocks:

1. Planning
2. Procurement
3. Conclusion, execution, modification, termination of the contract.

This is a very rough, but at the same time fundamental division of the Law on the contract system. There are other areas there, such as monitoring, audit, control, but this either indirectly refers to these three blocks, or is not directly related to the Customer.

The work of a contract manager for each institution is specific. To begin with, in order to understand the differences between customers, it is better to conditionally divide into three categories - large, medium and small and consider them separately.

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25.04.2016

The concept of a professional standard and the regulatory framework

For the first time the concept of "professional standard" appeared in the regulatory framework almost 4 years ago - in the so-called "May" decree of the President of the Russian Federation No. 597 1. This document discussed, among other things, the need to prepare and submit to the State Duma a draft federal law on amending the legislation of the Russian Federation concerning the development, approval and application of professional standards; approve a plan for their development; develop and approve at least 800 such standards. In December 2012, a definition of "professional standard" appeared in the Labor Code: it was understood as a characteristic of the qualifications necessary for an employee to implement a certain kind professional activity 2.

In January 2013, the Government of the Russian Federation adopted the Rules for the Development, Approval and Application of Professional Standards 3. After that, the Ministry of Labor of the Russian Federation began to develop and approve professional standards, as well as maintain their register on a specialized Internet site http://profstandart.rosmintrud.ru (by mid-April 2016, more than 800 such standards had already been approved).

Scientific and educational organizations operating in one or another professional field, local government bodies.

Finally, in May 2015, important changes were made to the Labor Code RF 4, according to which, starting from July 1, 2016, professional standards will be mandatory for employers to apply, if the mandatory application of them is established in the Labor Code of the Russian Federation, other federal laws or other regulatory legal acts RF 5. If there is no such requirement, then the professional standards should be used by employers as a basis for determining the requirements for the qualifications of workers, taking into account the peculiarities of the labor functions performed by them, due to the technologies used and the adopted organization of production and labor5. In essence, this means that if, for example, federal legislation on education states that persons entitled to engage in teaching activities must, among other things, be responsible qualification requirements established in professional standards 6, then the employer ( educational organization) must ensure that their teaching staff meet this requirement.

But if, say, in relation to such an employee as a "presenter of a television program", the qualification requirements are established only in the professional standard, and regulatory legal acts do not contain requirements for the compliance of such an employee with this professional standard, then the employer has the right not to impose on the employee these requirements (for example, according to the level of education), if due to certain "features of the organization of production and labor" this is not possible.

In addition, from July 1, 2016, the norm will come into force, according to which the Government of the Russian Federation will have the right, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations, to establish the specifics of the application of professional standards in terms of requirements mandatory for application by state non-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises as well as public corporations, state-owned companies and business companies, more than 50% of shares (stakes) in the authorized capital of which are in state property or municipal property 7. This means that in the near future there may appear separate decisions of the Government of the Russian Federation, obliging the organizations listed above to apply certain standards in their activities.

1 Decree of the President of the Russian Federation of 07.05.2012 No. 597 "On measures for the implementation of state social policy."

2 Federal Law of 03.12.2012 No. 236-FZ "On Amendments to the Labor Code of the Russian Federation and Article 1 of the Federal Law" On Technical Regulation ", Article 195.1 of the Labor Code of the Russian Federation.

3 Decree of the Government of the Russian Federation of January 22, 2013 No. 23 "On the Rules for the Development, Approval and Application of Professional Standards".

4 Federal Law No. 122-FZ dated 02.05.2015 “On Amendments to the Labor Code of the Russian Federation and Articles 11 and 73 of the Federal Law“ On Education in the Russian Federation ”.

5 Art. 195.3 of the Labor Code of the Russian Federation.

6 Part 1 Art. 46 of the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation".

7 Part 1 Art. 4 of the Federal Law of 02.05.2015 No. 122-FZ "On Amendments to the Labor Code of the Russian Federation and Articles 11 and 73 of the Federal Law" On Education in the Russian Federation ".

It should be noted that the use of a professional standard by an employer means their use “in the formation of personnel policy and in personnel management, in organizing training and certification of employees, developing job descriptions, billing work, assigning wage grades to employees and establishing remuneration systems, taking into account the specifics of the organization of production, labor and management ”8.

Professional standards have not bypassed the procurement sector either. In the fall of 2015, two such standards were approved: “procurement specialist” and “procurement expert” 9. The developers of both standards are Russian academy national economy and public service under the President of the Russian Federation, the Interdisciplinary Academic Center for Social Sciences "Intercenter" and the All-Russian Trade Union of employees of audit, appraisal, expert and consulting organizations.

So far, neither Law 44-FZ, nor Law 223-FZ has established a requirement for buyers to strictly comply with these professional standards (see, for comparison, the situation in the legislation in education, described above). Only 44-FZ states that employees of the contract service / contract manager must have a higher education or additional professional education in the field of procurement 10. There are no other references to professional standards either in these laws or in the by-laws, just as there is no provision on the mandatory application of these professional standards and in the orders of the Ministry of Labor of the Russian Federation that approve them 11. But it cannot be ruled out that such a requirement will appear in the future, both in relation to all customers working under one or another law, and in relation to certain categories of organizations (see above). Therefore, customers should get acquainted with the content of these professional standards now, and in this article, in fact, a corresponding review is made.

Professional standard "Procurement Specialist"

The name of the type of professional activity to which this standard applies is formulated as "activities for the implementation, control and management of procurement to meet state, municipal and corporate needs." Thus, the standard applies to both purchases under 44-FZ and 223-FZ.

The standard includes 4 generalized labor functions and 9 labor functions corresponding to each of them:

Table 1.

Generalized labor functions	Labor functions
	1. Preliminary collection of data on needs, prices for goods, works, services
	2. Preparation of procurement documentation
	3. Processing of procurement results and contract conclusion
	4. Drawing up plans and justification of purchases
	5. Implementation of procurement procedures
	6. Verification of compliance with the terms of the contract
	7. Checking the quality of the presented goods, works, services
4. Control in the field of procurement	8. Monitoring in the field of procurement
	9. Audit and control in the field of procurement

Note that not all labor functions can fully relate to the practice of applying both laws at once. For example, in contrast to 44-FZ, there is no mention of any justification for purchases in 223-FZ, although, of course, such a procedure can, in principle, be provided for by the provision on the procurement of a specific customer. In addition, monitoring, audit and control in the field of procurement both within the framework of 44-FZ and 223-FZ generally refer not to the powers of customers, but to the powers of state and municipal bodies. In this regard, we will consider with which possible positions the labor functions of the standard are correlated:

Table 2.

Generalized labor functions	Possible job titles
1. Providing procurement for state, municipal and corporate needs	Procurement Specialist Contract service worker Contract manager
2. Implementation of purchases for state, municipal and corporate needs	Senior Procurement Specialist Procurement Consultant Contract service worker Contract manager
3. Expertise of procurement results, contract acceptance	Lead procurement specialist Contract service worker Deputy Head of Division Department manager Head of the contract service Contract manager
4. Control in the field of procurement	Advisor Deputy Head Supervisor

As can be understood from the above table, in practice various combinations are possible.

For example, if a customer who purchases only under 223-FZ has one employee who deals with all issues related to procurement, then his position should be called "lead procurement specialist", since this is the position that allows all three first generalized labor functions that may be related to the customer's activities.

If a group of employees is engaged in procurement from a customer, then each of these employees can perform their own generalized work function in accordance with their position, for example, procurement - a specialist, procurement - a senior specialist or consultant, and examination of the results and acceptance of the results of the contract - leading specialist or department head (his deputy).

As for the last generalized labor function of control in the field of procurement, then, as already mentioned above, it is inapplicable in relation to customers both under 44-FZ and 223-FZ.

Certain requirements are imposed on an employee performing a particular generalized labor function in accordance with the standard:

Table 3.

Generalized labor functions	Requirements
1. Providing procurement for state, municipal and corporate needs	Secondary vocational education and additional vocational education - professional development programs and professional retraining programs in the field of procurement
2. Implementation of purchases for state, municipal and corporate needs	Higher education - bachelor's degree, additional professional education - professional development programs / or professional retraining programs in the field of procurement, practical experience - at least 3 years in the field of procurement.
3. Expertise of procurement results, contract acceptance	Higher education - specialty, master's degree; additional professional education - professional development programs / or professional retraining programs in the field of procurement, practical work experience - at least 4 years in the field of procurement.
4. Control in the field of procurement	Higher education - specialty, master's degree; additional professional education - professional development programs / or professional retraining programs in the field of procurement, practical work experience - at least 5 years in the field of procurement, including at least 2 years in managerial positions.

As the table below shows, if, for example, only one employee is engaged in procurement (including the acceptance of contract results) from the customer, then he must meet sufficiently high requirements - have a higher education in a specialty or master's degree, undergo additional professional education in the field of procurement and have practical experience in procurement for at least 4 years. If there are several such employees and they perform different generalized labor functions, then the requirements for them may be different depending on the function performed. In any case, the highest requirements are imposed on the employee who is engaged in the acceptance of the results of the contract.

Depending on the complexity of each generalized labor function, the standard has its own qualification level 12: the lowest (5th) for the first function “Procurement of procurement for state, municipal and corporate needs”, and the highest (8th) for the last “ Control in the field of procurement ". The second and third generalized labor functions are correlated with the 6th and 7th skill levels, respectively. In principle, skill levels correlate with requirements - the higher the requirements, the higher the level.

In the standard under consideration, each labor function that is part of the generalized labor function (see Table 1), in turn, is described by its constituent labor actions, necessary skills and knowledge.

Example 1

Consider the labor function "Preliminary collection of data on needs, prices for goods, works, services."

To perform this function, the employee must carry out the following labor actions:

1. Process and analyze information about prices for goods, works, services.

2. Prepare and send invitations to identify suppliers (contractors, performers) in various ways.

3. Process, form and store data, information, documents, including those received from suppliers (contractors, performers).

skills:

2. Create and maintain an information database.

3. Produce documents, generate, archive, send documents and information.

4. Summarize the information received, prices for goods, works, services, process it statistically and formulate analytical conclusions.

Finally, the employee must have the following knowledge:

2. Fundamentals of civil, budgetary, land, labor and administrative legislation as applied to procurement.

3. Fundamentals of antimonopoly legislation.

5. Peculiarities of pricing in the market (by areas).

6. Methods for determining and justifying the initial maximum contract prices.

7. Fundamentals of informatics in terms of application to procurement.

8. Ethics of business communication and the rules of negotiation.

9. Discipline of work and internal labor regulations.

10. Labor protection requirements.

In addition, when performing a job function, an employee must follow the series ethical standards(comply with the ethics of business communication, do not disclose materials of working research, etc.).

Note that, again, not all labor actions contained in the standard can simultaneously relate to procurement activities both under 223-FZ and 44-FZ. For example, the work function "making plans and justifying purchases" contains the work activity "developing a schedule and preparing changes for making a schedule." In the activities of the customer, who conducts procurement activities only within the framework of 223-FZ, no schedule plans are provided, this customer draws up only procurement plans. However, if the customer can potentially fall under 44-FZ (for example, to receive a budget investment, the spending of which is provided for with the application of this particular law, which provides for the use of schedules), then it is recommended to immediately include these labor actions in the job descriptions of employees with the addition of the clause “ in cases established by the legislation of the Russian Federation ”.

Professional Standard "Procurement Expert" 13

This standard includes the following generalized work functions and related work functions:

Table 1.

Generalized labor functions	Labor functions
Consulting in the field of procurement for state, municipal and corporate needs	Market monitoring of the subject of procurement for state, municipal and corporate needs
	Consulting on procurement procedures
	Expertise in procurement for state, municipal and corporate needs	Examination of the procurement procedure
Examination of the execution and results of the execution of the contract
Organization of work on examination and consulting in the field of procurement for state, municipal and corporate needs	Management of an organization that provides consulting and expertise in the field of procurement for state, municipal and corporate needs
	Conducting certification (assessment of professional qualifications) and monitoring the improvement of the professional level of employees in structural unit or in the organization
	Research of theoretical and practical problems of procurement activities

TO practical activities customers here can only be attributed to the labor function "Examination of the execution and results of the execution of the contract"... Moreover, this function can be implemented only within the framework of 44-FZ, which obliges customers to carry out an examination to check the results provided by the supplier, provided for by the contract, in terms of their compliance with the terms of the contract, but allows the customer in certain cases to carry out it without involving external experts, but “by their own forces "14. A possible position occupied by the customer's employee performing this function is a contract manager. Quite high requirements are imposed on it - availability higher education(specialty, master's degree), the presence of additional professional education (advanced training programs / or professional retraining programs in the field of procurement), the presence of practical work experience in the field of procurement for at least 4 years.

Example 2

To perform the functions of a contract manager, an employee must perform the following labor actions:

1. Implementation of the examination of the implementation of the contract.

2. Examination of the compliance of the results stipulated by the contract with the terms of the contract.

3. Implementation of verification of compliance of facts and data in the examination of the results provided for by the contract, the terms of the contract.

4. Verification of the conformity of the quality of goods, services, works during the examination of the results provided for by the contract, the terms of the contract.

5. Drawing up and execution according to the results of the examination of the document in the form of a conclusion.

To perform these labor actions, the employee must have the following skills:

1. Use computing and other auxiliary equipment, communications and communications.

2. To identify violations of the contract during the examination.

3. To identify violations of the results stipulated by the contract during the examination.

4. To identify violations of the quality of goods, services, works during the inspection.

5. Draw up and draw up a document in the form of a conclusion based on the results of the examination.

And, finally, to perform this job function, an employee must have a fairly wide range of the following knowledge:

1. Requirements of the legislation of the Russian Federation and regulatory legal acts regulating activities in the field of procurement.

2. Fundamentals of civil, budgetary, labor and administrative legislation in terms of application to procurement.

3. Economic foundations and specifics of pricing in the market by directions.

4. Fundamentals of accounting as applied to procurement.

5. Basics of statistics as applied to procurement.

6. Features of preparation of procurement documentation.

7. The procedure for establishing pricing factors and identifying quality characteristics that affect the cost of goods, works, services.

8. Features of claim work.

9. Methodology for the examination of the compliance of the results stipulated by the contract with the terms of the contract.

10. Ethics of business communication and the rules of negotiation.

11. Discipline of work and internal labor regulations.

12. Labor protection requirements.

As in the previous standard (see above), the employee is required to comply with a number of ethical standards. The employee's qualification level in this case is 7.

8 pp. "A" clause 25 of the Rules for the development, approval and application of professional standards, approved by the Decree of the Government of the Russian Federation of January 22, 2013 No. 23 "On the Rules for the development, approval and application of professional standards."

9 Order of the Ministry of Labor of Russia dated 09/10/2015 No. 625n "On the approval of the professional standard" Procurement specialist "and Order of the Ministry of Labor of Russia dated 09/10/2015 No. 626n" On the approval of the professional standard "Expert in the procurement sector".

10 Part 6 Art. 38 of the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs."

11 For comparison, such a provision, for example, is contained in the orders of the Ministry of Labor of the Russian Federation, which approved professional standards in the field of social services.

12 See Order of the Ministry of Labor of Russia dated 12.04.2013 No. 148n “On approval of qualification levels in order to develop draft professional standards”.

13 Order of the Ministry of Labor of Russia dated September 10, 2015 No. 626n “On the approval of the professional standard“ Expert in the field of procurement ”.

14 Parts 3 and 4 of Article 94 of the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs."

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