home Facebook Presidential order 285 rp from 06.08. Provision of services for the maintenance of a secure data transmission network of the federal and regional levels of the federal service for state registration, cadastre and cartography. Enforcement of the contract

Presidential order 285 rp from 06.08. Provision of services for the maintenance of a secure data transmission network of the federal and regional levels of the federal service for state registration, cadastre and cartography. Enforcement of the contract

In 2017, in Russia, by orders of the President of Russia dated August 6, No. 285-rp and dated August 17, No. 291-rp (hereinafter " orders"), PJSC" Rostelecom "in 2018 was recognized as the only provider of telecommunication services for 56 federal executive authorities (hereinafter" Federal executive authority", including the Ministry of Telecom and Mass Communications, Roskomnadzor, Rossvyaz).

At the same time, by the same orders, 32 federal executive authorities were retroactively recognized as the only provider of telecommunication services in 2017.

The orders refer to paragraph 2 of Part 1 of Art. 93 of the federal law of April 5, 2013 N 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs "(hereinafter -" Law N 44-FZ "):

1. Purchase from a single contractor maybe carried out by the customer in the case of: 2) procurement for state needs from sole supplier determined by decree or order of the President Russian Federation.

Such legal acts indicate subject of contract, and may also specify the deadline for which the contract is concluded, and the obligation of the customer to establish a requirement to enforce the contract. When preparing drafts of these legal acts, such drafts shall be accompanied by a justification of the contract price in accordance with the provisions of Article 22 of this Federal law ".

At the same time, the FAS Russia explained earlier:

"... purchasing from a single supplier implies that the customer offers to conclude a contract with a specific legal entity or individual. At the same time, the customer does not carry out a formal procedure for selecting a supplier, unlike competitive methods for determining suppliers." (Letter dated February 3, 2015 N АЦ / 4119/15).

The orders indicate following services telecommunications:

Telephone:
- local (except for payphones and public access facilities);
- intercity and international;
- intrazonal;
- in a dedicated communication network;
Data transfer;
Telematic;
Providing communication channels;
Wired radio broadcasting;
Telegraph.

In fact, out of 19 types of telecommunication services provided for in the List, approved by government decree No. 87 of February 18, 2014, only 9 types were excluded, and from the most popular - cellular (mobile radiotelephone) communication and television broadcasting services.

At the same time, the Ministry of Economic Development of Russia has repeatedly indicated:

"purchase from a single contractor is a right, and not the responsibility of the customer"(Letters dated March 15, 2017 N D28i-1125, dated November 8, 2016 N D28i-2920, dated October 14, 2016 N D28i-2694, dated September 5, 2016 N OG-D28-10452, dated September 5, 2016 N OG-D28-10449, dated August 19, 2016 N D28i-2176).

A similar position is taken by the FAS Russia, indicating in its responses to Telecom Operators the possibility of the use by the state customer of the provisions of Part 1 of Art. 24. Law No. 44-FZ "competitive methods for determining suppliers".

Therefore, given that that when choosing a single supplier, the contract price cannot be reduced; federal executive authorities, in order to save the budget on telecommunication services, have the right to choose not PJSC Rostelecom during the tender procedures.

In 2017, in Russia, by orders of the President of Russia dated August 6, No. 285-rp and dated August 17, No. 291-rp (hereinafter - "), PJSC Rostelecom in 2018 was recognized as the only provider of telecommunication services for 56 federal executive authorities (hereinafter - " Federal executive authority“, Including the Ministry of Telecom and Mass Communications, Roskomnadzor, Rossvyaz).

At the same time, by the same orders, 32 federal executive authorities were retroactively recognized as the only provider of telecommunication services in 2017.

The orders refer to paragraph 2 of Part 1 of Art. 93 of the federal law of April 5, 2013 N 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs" (hereinafter - " Law N 44-FZ "):

"one. Purchase from a single contractor maybe carried out by the customer in the event of: 2) procurement for state needs from a single supplier, determined by a decree or order of the President of the Russian Federation.

Such legal acts specify subject of contract, and may also specify the deadline for which the contract is concluded, and the obligation of the customer to establish a requirement to enforce the contract. When preparing drafts of the said legal acts, such drafts shall be accompanied by a justification for the contract price in accordance with the provisions of Article 22 of this Federal Law ".

At the same time, FAS Russia explained earlier: “... a purchase from a single supplier implies that the customer offers to conclude a contract with a specific legal entity. or physical face. At the same time, the customer does not carry out a formal procedure for selecting a supplier, in contrast to competitive methods of determining suppliers. "

The orders indicate the following telecommunication services:

1) Telephone:

Local (except for payphones and public access facilities);

- long distance and international;

- intrazonal;

- in a dedicated communication network;

2) Data transmission;

3) Telematic;

4) Provision of communication channels

5) Wired radio broadcasting

6) Telegraphic.

At the same time, the Ministry of Economic Development of Russia has repeatedly indicated: “purchase from a single contractor is a right, and not the responsibility of the customer«.

Therefore, given thatthat when choosing a single supplier, the contract price cannot be reduced, In order to save the budget on telecommunication services, federal executive authorities have the right to choose not PJSC Rostelecom during the tender procedures.

Letters dated March 15, 2017 N D28i-1125, dated November 8, 2016 N D28i-2920, dated October 14, 2016 N D28i-2694, dated September 5, 2016 N OG-D28-10452, dated September 5 2016 N OG-D28-10449, dated August 19, 2016 N D28i-2176

In 2017, in Russia, by the orders of the President of Russia dated August 6, No. 285-rp and dated August 17, No. 291-rp (hereinafter the "orders"), PJSC "Rostelecom" in 2018 was recognized as the only provider of telecommunication services for 56 federal executive authorities (hereinafter FOIV, including the Ministry of Telecom and Mass Communications, Roskomnadzor, Rossvyaz).

At the same time, by the same orders, 32 federal executive authorities were retroactively recognized as the only provider of telecommunication services in 2017.

The orders refer to paragraph 2 of Part 1 of Art. 93 of the federal law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - "Law N 44-FZ"):

1. Purchase from a single contractor may be carried out by the customer in the case of: 2) procurement for state needs from a single supplier, determined by a decree or order of the President of the Russian Federation.

Such legal acts indicate the subject of the contract, and may also indicate the deadline for which the contract is concluded, and determine the obligation of the customer to establish a requirement to enforce the contract. When preparing drafts of these legal acts, such drafts shall be accompanied by a justification of the contract price in accordance with the provisions of Article 22 of this Federal Law. "

At the same time, the FAS Russia explained earlier:

"... purchasing from a single supplier implies that the customer offers to conclude a contract with a specific legal entity or individual. At the same time, the customer does not carry out a formal procedure for selecting a supplier, unlike competitive methods for determining suppliers." (Letter dated February 3, 2015 N АЦ / 4119/15).

The orders indicate the following telecommunication services:

Telephone:
local (except for payphones and public access facilities);
intercity and international;
intrazonal;
in a dedicated communication network;
Data transfer;
Telematic;
Providing communication channels;
Wired radio broadcasting;
Telegraph.
In fact, out of 19 types of telecommunication services provided for in the List, approved by government decree No. 87 of February 18, 2014, only 9 types were excluded, and from the most popular - cellular (mobile radiotelephone) communication and television broadcasting services.

At the same time, the Ministry of Economic Development of Russia has repeatedly indicated:

"purchase from a single contractor is a right, not an obligation of the customer" (Letters of March 15, 2017 N D28i-1125, dated November 8, 2016 N D28i-2920, dated October 14, 2016 N D28i-2694, dated 5 September 2016 N OG-D28-10452, dated September 5, 2016 N OG-D28-10449, dated August 19, 2016 N D28i-2176).

Therefore, given that when choosing a single supplier, the contract price cannot be reduced, federal executive authorities, in order to save the budget for telecommunication services, have the right to choose not PJSC Rostelecom during the tender procedures.

When exercising state control in the field of procurement of goods, works, services to meet state and municipal needs, the Omsk OFAS Russia operates within the framework of the powers granted by the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works and services for ensuring state and municipal needs "(hereinafter referred to as the Federal Law on the Contract System) and the Regulations on the Territorial Body of the Federal Antimonopoly Service, approved by order of the Federal Antimonopoly Service of 23.07.2015 No. 649/15, and at the same time is not entitled to provide explanations on the enforcement of the Federal Law about the contract system.

official publication
Any regulatory legal acts that affect the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information.

and orders of the President of the Russian Federation are subject to mandatory official publication intelligence, intelligence confidential.

Omsk OFAS Russia receives appeals regarding the possibility of concluding agreements with the only performer for the provision of communication services.

Earlier, PJSC "Rostelecom" sent to customers information mail with the following content:

“To determine on the basis of clause 2 of part of article 93 of the Federal Law of 05.04. 2013 No. 44 - FZ "On the contractual system in the field of procurement of goods, works, services to meet state and municipal needs" public joint-stock company long-distance and international telecommunications Rostelecom is the only contractor for procurement of services carried out in 2017 and 2018 by state customers and subordinate institutions in accordance with the presented justification for the contract price: local telephone communication (except for services using payphones and public access facilities); long-distance and international telephone communication; telephone communication in a dedicated communication network; intra-zone telephone communication; telegraph communication; communications for the purpose of wire broadcasting; data communication links; communications for the provision of communication channels; telematic communication services ".

When exercising state control in the field of procurement of goods, works, services to meet state and municipal needs, the Omsk OFAS Russia operates within the framework of the powers granted by the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works and services for ensuring state and municipal needs "(hereinafter referred to as the Federal Law on the Contract System) and the Regulations on the Territorial Body of the Federal Antimonopoly Service, approved by order of the Federal Antimonopoly Service dated 23.07.2015 No. 649/15, and at the same time, it is not entitled to provide explanations on the enforcement of the Federal Law on the Contract System.

At the same time, the antimonopoly authority considers it possible to express its position on the above issue.

In accordance with the requirements of Part 1 of Article 24 of the Federal Law on the Contract System, when making purchases, customers use competitive methods of identifying suppliers (contractors, performers) or make purchases from a single supplier (contractor, performer).

According to part 5 of Article 24 of the Federal Law on the Contract System, the customer chooses the method of determining the supplier (contractor, contractor) in accordance with the provisions of the Federal Law on the Contract System. At the same time, he is not entitled to perform actions entailing an unreasonable reduction in the number of participants in the procurement.

Clause 1 of Part 1 of Article 93 of the Federal Law on the Contract System provides for the supply of goods, the performance of work, the provision of services related to the scope of activities of the subjects natural monopolies in accordance with the federal law of 17.08.1995 No. 147-FZ "On natural monopolies" (hereinafter - the Law on natural monopolies).

According to Part 1 of Article 4 of the Law on Natural Monopolies, the sphere of activity of subjects of natural monopolies includes public telecommunications and public postal services.

The list of public telecommunication services was approved by the Decree of the Government of the Russian Federation dated October 24, 2005 No. 637 “On government regulation tariffs for public telecommunications and public postal services ”and is exhaustive.

Consequently, the procurement of communication services that do not fall under the list approved by Decree of the Government of the Russian Federation dated October 24, 2005 No. 637 must be carried out by customers using competitive methods or according to the rules of clauses 4 and 5 of part 1 of article 93 of the Federal Law on the Contract System.

By virtue of part 3 of Article 15 of the Constitution of the Russian Federation, laws are subject to official publication... Unpublished laws do not apply.
Any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information..

In accordance with clause 1 of the Decree of the President of the Russian Federation of 23.05.1996 No. 763 "On the procedure for publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies" (hereinafter - Decree No. 763) decrees and orders of the President of the Russian Federation(hereinafter referred to as acts of the President of the Russian Federation), resolutions and orders of the Government of the Russian Federation (hereinafter referred to as acts of the Government of the Russian Federation) are subject to mandatory official publication, except for acts or their individual provisions containing intelligence, constituting a state secret, or intelligence confidential.

According to clause 2 of Decree No. 763, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, within 10 days after the day of their signing, are subject to official publication in “ Russian newspaper", Collected Legislation of the Russian Federation and on the" Official Internet Portal of Legal Information "(www.pravo.gov.ru), the functioning of which is provided by the Federal Security Service of the Russian Federation.

By general rule, established by clause 5 of Decree No. 763, acts of the President of the Russian Federation, which are of a normative nature, enter into force simultaneously throughout the entire territory of the Russian Federation upon the expiration of seven days after the day of their first official publication.

At the same time, the Order of the President of the Russian Federation dated 06.08.2017 No. 285-rp, which PJSC Rostelecom refers to, has not been officially published.

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