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00:00:01
already talked about it, and a00:00:04
contract is essentially what00:00:07
everything is for, and the fact that we have procurements00:00:10
carried out, which should logically lead us00:00:12
to00:00:14
choosing a counterparty to concluding a00:00:17
contract for execution, and of course, purchasing the00:00:19
necessary products,00:00:22
contracts the concept is quite00:00:24
broad and in general the legal regulation of00:00:27
configuration issues in Federal00:00:29
Law 44 is very voluminous, perhaps probably00:00:32
the most comprehensive of all the rules00:00:34
that exist for all the obligations00:00:36
that we fulfill, you00:00:38
and I have traditionally analyzed the00:00:41
main block, the one that is important,00:00:44
most of us will most likely need it, and00:00:46
accordingly, some individual00:00:47
questions, if they are of a private nature, we00:00:50
will talk to you00:00:52
about the provision that00:00:55
is provided for by law and about the basic one00:00:57
under the law q that we will need00:00:59
with which most of us will work.00:01:00
Again, of course, there are a number of00:01:03
features recently, one force00:01:05
certain for economic00:01:07
features until recently and00:01:10
now there are a lot of concepts of ideas on how00:01:14
to regulate what, so00:01:16
most likely we are waiting for some kind of large package of00:01:18
new amendments because it is necessary to buy in00:01:22
stages, it is not clear what is happening with00:01:25
production, there are some questions and00:01:27
so on, so now00:01:29
this one is gradually being escalated I’m00:01:32
constantly looking at the moment and I see that a lot00:01:34
of different proposals are coming in,00:01:36
to the point that yesterday wax00:01:38
made a proposal that00:01:40
further amendments are needed in the mass 95 of this article00:01:42
on contracts, what to do with it in00:01:44
order to somehow resolve the issue of00:01:46
execution of those contracts that have already00:01:48
been concluded, and now00:01:50
difficulties arise with the implementation of civil00:01:52
legislation there, they also introduced a00:01:55
draft amendment to the State Duma in the State Duma, which00:01:59
will partially affect in00:02:00
this block also the actual purchases and00:02:02
ours, because at certain points00:02:05
we are also guided by the provisions of00:02:08
civil legislation, so well,00:02:10
sort of there is a lot of things that are00:02:12
happening now with contracts, so I would00:02:14
probably recommend also keeping an eye on it00:02:15
because we have completed the course and00:02:18
then you will most likely leave00:02:21
here and there will be a lot of other00:02:23
issues related to regulation,00:02:24
so don’t lose sight of00:02:26
what will most likely happen -some amendments because there are a00:02:28
lot of draft proposals now00:02:30
being received, which one will work and is right00:02:32
on the money,00:02:35
but in general, yes, this is the basic concept from00:02:38
which everything is built in the forty-fourth00:02:40
federal law there are three such00:02:42
basic rules that relate to00:02:43
contracts and of course a lot of00:02:45
different details which are scattered and in00:02:48
general throughout the law, also which00:02:50
directly relate to contracts, that00:02:53
for contracts, this article 34 is00:02:55
called a contract, and it essentially00:02:58
talks about how to draw it up, what00:03:00
provisions should or can00:03:02
be included in it, and what we must00:03:05
ensure that before a purchase is00:03:08
announced, what standards should we00:03:10
take into account, including during procurement, you and00:03:12
the supplier, and there are specifics there and so on,00:03:14
that is, but this is sort of a general00:03:16
basis, the basis of what the contract00:03:18
is, and then we have Article00:03:22
94 which talks about the execution00:03:25
of contracts, yes, that is, directly00:03:26
how this thing all happens, and00:03:29
Article 95 is the termination and00:03:32
amendment of a contract, yes, that is, as if00:03:35
in the main such block, that is, what it is,00:03:37
how it is composed,00:03:39
how to execute it, and what it means to practically00:03:42
close it00:03:43
change these are the main blocks,00:03:46
among other things, there are a number of related00:03:48
provisions, a number of articles that are also00:03:50
complex, article 96 on ensuring the00:03:55
execution of the contract, to what they00:03:57
leave as00:03:59
they are introduced, and nothing else, how to work with it,00:04:03
then the next one, yes, there is provision 3 of the00:04:07
article on terminological what In00:04:09
general, in general, a contract as a term00:04:12
is represented by Article 45 about independent00:04:16
guarantees, and the first one to write is about00:04:18
concluding a contract using electronic00:04:20
procedures, that is, there are a lot of different00:04:22
points, we will try to sort out the main ones,00:04:24
but again,00:04:26
we won’t let go of our hand after a while, because most likely somehow00:04:29
then the related reference norms00:04:31
will one way or another, when preparing the00:04:33
draft of this document, be carried throughout00:04:35
44 federal laws, in the best case,00:04:37
to the worst case, you will still have to00:04:40
analyze a bunch of by-laws about the00:04:41
monitor, what we now see00:04:44
on the slide, yes, this is the basis for what00:04:47
it all starts with terminology and in fact00:04:49
we have two terms directly00:04:53
about the contract and then there are several more00:04:55
new terms, different types of00:04:58
contracts, let’s generally look at00:05:00
what in terminological terms back and00:05:03
captivity means what a contract is before the00:05:06
term state or municipal00:05:08
contract or civil - a legal00:05:11
contract the subject of which is the00:05:12
supply of goods, performance of work and00:05:14
provision of services, including the00:05:16
acquisition of real estate or00:05:19
lease, and which are concluded by a budgetary00:05:21
institution, a00:05:22
unitary enterprise or other legal entities00:05:25
under delegated powers within the framework of00:05:27
Article 44, Article 15 of the Federal Law, that is,00:05:30
if disassembled into its component parts this00:05:32
wording, yes, we see that we have00:05:35
several types of contracts, and that is, a00:05:37
state contract, a municipal00:05:39
contract and a00:05:40
civil law contract of a budgetary00:05:43
institution,00:05:44
this feature is directly related00:05:46
to the status of the customer milks the first day in00:05:49
discussed with colleagues that00:05:51
not all customers who work on 4400:05:55
federal law is00:05:56
state or municipal00:05:58
customers, there is a certain category of00:06:01
persons who are not customers, who, based on the00:06:03
results of all their nooks and crannies, conclude but00:06:05
in fact a civil law agreement00:06:07
or contract simply without the prefix, the word00:06:10
state or municipal, just a00:06:13
contract, in this case, in essence, these are00:06:15
all those who it works either under00:06:18
delegated powers or is a00:06:20
budgetary and it is a unitary00:06:22
enterprise, but if this is a00:06:25
gradation and here we are more specific, then we00:06:28
will see the same 3 articles before the next00:06:31
term that follows it in order, what00:06:33
is a state00:06:35
municipal contract? a special00:06:38
case, that is, there is a general concept,00:06:40
collectively, a contract, and a special00:06:42
case of this to understand is a00:06:44
state municipal contract,00:06:45
which, in turn, is also a00:06:48
civil law contract, but00:06:50
it is concluded on behalf of the Russian00:06:52
Federation, a subject of the Russian Federation00:06:54
or a municipal entity, that is,00:06:56
in essence, respectively, those customers00:07:00
who are00:07:01
absolutely probably00:07:04
absolutely correct, yes the wording is00:07:06
more clear, yes, that is, the state00:07:08
municipal contract is essentially pbs,00:07:11
that is, recipients of budget funds at00:07:13
any level, that is, these are government00:07:15
institutions 1 subordinate bodies and00:07:18
authorities subordinate to them00:07:20
government institutions00:07:21
with in other cases it’s actually00:07:24
simple a contract before evian, a00:07:26
civil contract, in00:07:28
fact, on the one hand, this00:07:29
terminology contract is equal to a00:07:31
civil contract, but it is00:07:33
relative because it is not always possible00:07:35
in such a standard concept of a contract to00:07:39
say that the contract that we00:07:41
conclude on 44 is the same thing but00:07:43
the problem is at least that the00:07:46
main principle of a civil law00:07:48
contract is the equality of the parties to the00:07:52
contract and the parties to the war, as a general00:07:56
rule, regulate their legal relations00:07:59
in such a way that it is convenient for him to00:08:02
fulfill it, that is, this is a general00:08:04
principle of civil law; we00:08:05
usually have a slightly different concept00:08:07
because when we prepare the procurement00:08:10
documents, the ladies dictate the terms of00:08:12
execution and our00:08:14
future counterparties00:08:17
practically do not have these negotiating opportunities at all, and00:08:19
that is, in essence, it is closer to a00:08:20
type of probably00:08:22
civil law agreement, an00:08:23
adhesion agreement, that is, when they00:08:26
can simply either agree and to carry out00:08:28
what is prescribed or not to come at all00:08:30
but to influence the content of something to00:08:32
settle there is00:08:33
very little opportunity, we will00:08:35
look at the basis for making00:08:37
changes and of course they are00:08:39
very limited due to the specifics of our00:08:42
procurement activities, we spend00:08:44
money one way or another, budget that's right, but00:08:45
they00:08:47
should have a certain such00:08:51
situation related to control,00:08:54
if it were ours, probably everyone would be00:08:56
more or less indifferent as it00:08:58
happens, but since this money00:08:59
is accountable and will give accordingly, there00:09:02
should be some kind of manipulation, all00:09:05
manipulations should be00:09:07
minimized as much as possible, but00:09:08
I’m not reduced to such a minimum that00:09:11
in the current conditions it’s generally very00:09:13
difficult to function like this, taking into account the00:09:15
problems associated with anxiety when00:09:18
suppliers suspend everything for an hour or00:09:20
because they don’t have something at all00:09:22
now, at the moment it’s not clear when they there00:09:26
may also be some interruptions in supplies, well, in general, this00:09:28
began with help before problems with00:09:30
execution, so we will also talk about this with you,00:09:32
but the law says that this is00:09:35
civil law, this is for Howard, and that means00:09:37
let’s agree with him in terms of making it00:09:39
easier to understand simply usually why00:09:42
say so much because there00:09:44
are two important points, the first point00:09:46
is when buyers and lawyers are different00:09:49
departments and lawyers live somewhere00:09:51
in the civil law paradigm; they00:09:53
think they can do anything at all,00:09:55
yes yes yes, and they don’t want to at all and they don’t even00:09:59
want to understand why this ca00:10:01
n’t be done, the buyers come and try to00:10:03
somehow get through to her, they don’t say it’s00:10:05
not true, it all begins, here is00:10:07
proof that the contract, although it is00:10:09
called a civil contract,00:10:11
nevertheless there is still a series of00:10:12
hugs that special00:10:14
legislation dictates Well, the second00:10:16
point is why I pay attention to the terminology00:10:18
because Law 44 is true,00:10:22
very detailed00:10:24
legislation when you need to take into account00:10:26
literally every word in order to00:10:28
understand whether it is generally applied or00:10:30
not applicable in relation to the idea, that’s why00:10:33
if you see somewhere this is from00:10:36
last year it was very clear,00:10:38
including in the classrooms, when in 205000:10:40
the resolution on budget discipline was00:10:42
taken away, then amendments were made to the floor from the00:10:44
want ridge,00:10:46
there was a government resolution and many budget institutions,00:10:47
especially institutions, are talking about what we should00:10:50
do about this, these lockers are that in00:10:53
certain by-laws very they often00:10:55
write just the phrase yes, for example,00:10:58
government contracts, what are you doing,00:11:03
but the phrase government contract does not00:11:06
mean that this norm applies00:11:08
in general to all contracts if the customer is a00:11:12
budgetary institution, well, let him be a00:11:13
state budgetary institution00:11:16
enter into government contracts00:11:19
due to the peculiarities of the terminology, well, just a00:11:21
contract00:11:22
because he does not belong to the00:11:24
category of customers who enter into00:11:26
those very government contracts; he00:11:28
is a recipient of budget funds, which is why00:11:31
sometimes it is difficult to understand00:11:33
some norm and you need to look at the00:11:36
wording, that is, if we are talking00:11:38
about00:11:41
government contracts, we are talking about the fact00:11:43
that this norm is budgetary00:11:44
institutions do not apply, just like00:11:47
municipal contracts, this00:11:49
also does not apply to municipal budgetary institutions; they do00:11:51
n’t always write00:11:54
to customers who apply; sometimes they simply00:11:56
use the phrase which contract, and00:11:58
here you need to understand what kind of contract00:12:00
you are concluding and the exchange and agree, based00:12:03
on this, to determine whether it applies00:12:05
to I mean, we and the regime here have a nuance00:12:08
that exists, so I00:12:10
would like to draw your attention to this, it is advisable to somehow lay it down,00:12:13
among other things, and besides these two00:12:16
standard basic terms, there is also a00:12:19
terminology that is00:12:20
quite new, that is, it, in principle,00:12:23
existed before in the provisions of 44 of00:12:26
the law, but in a separate the position of00:12:28
the terminology did not stand out now,00:12:31
since January 1 of this year, we have received00:12:33
two more definitions of individual types of00:12:34
contracts and one of them is a00:12:37
life cycle contract, remember that00:12:39
yesterday we also discussed the criterion before assessing the00:12:42
life cycle and the00:12:44
life cycle contract is00:12:46
very a lot of rules have appeared00:12:48
dedicated to just such contracts, which,00:12:50
in principle, leads to certain00:12:52
thoughts that in00:12:57
theory there may be more cases of life cycle contracts because otherwise00:12:59
why so much regulation, but you00:13:02
and I remember that life00:13:04
cycle contracts are bound by our regulations 1600:13:07
articles up to 44 phase that yesterday they saw their00:13:10
resolution 1087 until it was00:13:13
very, very widely spread there,00:13:16
but it’s possible, as trends are such in the meta00:13:19
photo ap, due to the fact that00:13:21
special regulation appears and again, to00:13:24
spell out what a00:13:25
life cycle contract is, remember what I said there00:13:27
there are and or these are where it starts,00:13:30
where it ends, I want that he00:13:32
introduces himself, this is a contract that00:13:34
provides for the supply of goods or the00:13:36
performance of work, including, if00:13:39
necessary, the design of a00:13:42
capital construction project, the00:13:43
creation of goods as a result of the00:13:47
work and its subsequent maintenance, if00:13:51
necessary, operation, that is,00:13:53
subsequent maintenance here weeks before,00:13:55
that is, subsequent maintenance, but00:13:56
there is always, if necessary,00:13:59
operation during the service life,00:14:01
repairs are also always and00:14:04
or disposal of goods created as a00:14:07
result of the work, that is,00:14:09
it turns out that this is where and or or00:14:12
simply and yes, that is, you need to understand that00:14:15
part It does not allow for this comprehensive complex,00:14:18
as it were, alternatives,00:14:20
for example, with maintenance and repair, and00:14:23
not just separated by commas, they in any00:14:25
case should be included in this contract,00:14:28
but these phrases and or recycling,00:14:31
including and or recycling, says00:14:33
that we should not include we don’t need to include,00:14:36
but about design, too, up to including,00:14:39
design00:14:40
can include and can include, yes, that00:14:43
is, it may include, it may00:14:45
not include, that is, this block is00:14:47
also broken down and set up, here is00:14:52
another type of contract, also00:14:55
relatively new, this is a00:14:57
supply contract goods are necessary for the00:14:59
normal life support of citizens,00:15:01
here is a very interesting point, maybe let’s first00:15:06
look at the wording - this is a contract that00:15:08
provides for the supply of food,00:15:10
that is, in fact, it is any00:15:12
food product and the00:15:15
color necessary for the provision of ambulance,00:15:18
including emergency specialized00:15:19
medical care in an emergency or00:15:21
emergency form of00:15:23
medicines, fuel, the00:15:26
absence of which will lead to a disruption in the00:15:28
normal life support of citizens and00:15:31
it will be clear that not all medicines and not00:15:37
all food products either, but fuel is very difficult to purchase and a00:15:42
fair question may arise, whether00:15:44
this is what all those00:15:47
institutions smell like and it is said00:15:49
who applies00:15:50
whether this applies only to those institutions00:15:53
that purchase, well, this whole00:15:55
complex and00:15:57
the answer, well, maybe it is obvious to some, to others no00:16:00
no, that is, if you do not care as00:16:04
representatives of some institution to the00:16:07
organization, you just buy fuel from the 10th00:16:09
list, then when purchasing fuel00:16:12
in fact, you are still concluding a contract00:16:13
for normal life support,00:16:22
it will lead in any case because00:16:24
you are any customer, even a00:16:27
budgetary institution, if it is a00:16:29
government body, then it was created for some kind of00:16:31
mission, and the fact is that not all government bodies00:16:34
are created in order to -the00:16:36
function of ensuring that society00:16:38
functionaries,00:16:40
budgetary institutions do not exercise the00:16:42
powers of government bodies is00:16:46
practically to me that is, all00:16:49
institutions that are created in the00:16:50
state structure are created00:16:52
in order to do something for themselves00:16:54
and in order to ensure the00:16:56
normal functioning of society,00:16:58
therefore, although not directly but indirectly00:17:01
for example if that00:17:03
[music]00:17:05
love example here you are in a00:17:07
company car going somewhere, you are not going on00:17:10
business and not just for business00:17:12
for your organization, but you are going to do00:17:14
something so that your organization00:17:16
functions properly and00:17:18
performed some function for the sake of which00:17:21
it created and this function is00:17:23
provided in contrast,00:17:25
so it’s not clear what00:17:29
they want there in circles and circles, but it still00:17:31
leads precisely to the fact that everything that is00:17:34
purchased is still one way or another00:17:36
from this list is aimed at00:17:38
ensuring the normal00:17:40
normal functioning of society,00:17:42
therefore, formally, when buying fuel,00:17:45
any customer enters into just such a00:17:48
contract; in fact, it is hardly00:17:50
worth waiting for any specifics;00:17:52
why, because it is not said anywhere that the00:17:54
government should00:17:55
define something specific about this00:17:58
issue for now the Ministry of Finance, no one00:18:00
sent Aries about this either, that is, do00:18:02
we understand the situation correctly or00:18:05
not, that they meant something else there,00:18:06
who knows what they00:18:08
were guided by, but why do I00:18:10
forgive attention to this because you know00:18:12
that there are special provisions both00:18:13
anti-dumping measures,00:18:16
which are applied precisely under such contracts00:18:18
when these are not alternative00:18:22
anti-dumping measures, as we did with00:18:24
the assessment yesterday in a spiral, that is, either by00:18:26
increasing the security by one and a half times, or I00:18:30
will evaluate you otherwise, this does not00:18:32
work, that is, or so years or so00:18:35
something one must be chosen at the start when we are00:18:37
preparing for procurement, but for00:18:39
food, means of providing00:18:40
medical care,00:18:42
medicines and fuel, it is like an00:18:44
imperative rule that if a00:18:46
procurement participant is reduced by 25 percent or more, then in addition to the fact00:18:48
that he must provide a00:18:50
basic set of anti-dumping measures,00:18:53
increase security or provide00:18:56
information in good faith, but00:18:59
in addition to this, he must00:19:02
provide some kind of justification for the00:19:03
proposed price,00:19:07
and if he doesn’t say what00:19:10
it looks like, what it is, well, in00:19:11
fact, it happens differently if he is the00:19:16
manufacturer himself, then he can send a letter from himself00:19:18
and warranty some kind of analogue of this00:19:20
write that we are ready yes yes yes we are00:19:23
ready that is, as if once again he00:19:24
must confirm the fact that he can00:19:27
supply some other document should00:19:29
be any that will give you an understanding00:19:31
that he is ready to deliver realistically at00:19:33
the price that offers and here is the very00:19:36
fact that if such a00:19:38
situation arises when the participant comes from the smoke00:19:40
pings, he will provide increased00:19:42
security on a piece of paper without turning it on, he00:19:44
will already be considered as having evaded00:19:46
signing the contract with all the00:19:48
ensuing consequences, that is,00:19:50
you understand, yes, this is the chain, so I00:19:52
am focusing on this on the other00:19:55
hand, if for food, as00:19:57
a rule, this is a fairly common00:19:59
story when the price drops by seven notes, then for00:20:02
fuel, well, perhaps00:20:05
it doesn’t fall that much from the starting00:20:08
price, of00:20:09
course nothing is ruled out, that this is00:20:12
possible and legal in principle, well,00:20:14
we just have to understand that this norm,00:20:16
in principle, will apply to all00:20:19
customers who buy gas, and00:20:23
there is00:20:25
another new term that00:20:29
created a lot of noise last year,00:20:32
this is still in fact such00:20:36
terminology,00:20:37
how controversial it is, why because it00:20:39
really can be00:20:40
interpreted differently this concept of a separate stage of a00:20:43
contract,00:20:45
if you look at the 44th federal law, in00:20:49
the process of its development, you00:20:50
and I could notice that the concept is the00:20:56
very wording of the stages of the contract, it was00:20:59
found in the law itself there from time00:21:02
immemorial, from the very beginning, that is, in00:21:04
general, this concept as such did not00:21:06
exist for a00:21:07
long time then there was one precedent,00:21:10
I’ll tell you about it, but the very concept of00:21:12
the possibility of stages was provided for by00:21:16
Federal Law 44, so it seems that the00:21:19
faring is not new, but the00:21:21
new one should be contained00:21:24
as it generally happens, even what a contract stage is,00:21:29
the law was written that, well, let’s say from the00:21:33
date of execution of the contract in parentheses or a00:21:36
separate stage00:21:37
similar phrases they always existed in00:21:41
4400:21:42
when it00:21:45
was not described in any way in the law itself that it was considered a00:21:47
stage, there were a lot of such00:21:50
practical complex situations when00:21:52
the customer understands one stage as 200:21:55
controllers and another, and when the00:21:57
scheduled inspection came, the nunics of00:22:00
such conflicts of interest and when00:22:02
the customer says no, without giving it,00:22:04
the controller says this, well, let’s say there is a00:22:06
supply of electricity; there is a contract for the00:22:10
supply of electricity until it00:22:15
is Emily, the monthly volume00:22:17
of consumption is exactly what00:22:20
is clear, but the answers received were at00:22:22
least different, which means that we, in principle,00:22:24
are also able to understand differently,00:22:26
that’s where this golden one is the middle now,00:22:29
while we’ll try to00:22:31
draw some conclusions, in my opinion,00:22:34
again, as we see, opinions00:22:37
can be different, and in my00:22:38
opinion, the electricity supply agreement00:22:40
really has no stages, why00:22:43
and because, well, it’s a single cycle, that is00:22:47
mia okay, I sign a contract for a year, they00:22:48
supply me with electricity for a year,00:22:51
otherwise there is a switch, we also00:22:52
flip from some point I will turn off the00:22:56
electricity at some point it turns on00:22:58
correctly, it’s for me00:22:59
around the clock Harry because it’s conditionally00:23:02
around the clock turning on00:23:06
turning off the switch then that’s also00:23:07
possible to calculate, I understand that this is00:23:10
absurd, I specifically give such an example00:23:12
so that the00:23:14
whole scale of00:23:16
this whole tragedy is simply understandable, which is why00:23:20
these different approaches were there and at some00:23:23
point in time an official00:23:25
wording appeared that this is considered a stage,00:23:27
remember there was a resolution 1093,00:23:29
probably acts about it which00:23:33
required the publication of a report on the00:23:35
execution of the contract of a separate stage, and00:23:37
in it the gift made changes to it in00:23:41
1093 and those who understood the royal00:23:45
also made changes to Article 94, and it00:23:47
was said that there the stages00:23:50
are regulated by by-laws in an00:23:52
act under the law, this resolution00:23:53
was it’s written that there are stages about00:23:56
construction projects and after the contract there are millions of people, so at least00:24:01
some specifics have appeared,00:24:03
but not for everyone because the builders00:24:05
say so,00:24:07
construction stages, but is there a stage here00:24:12
in this particular construction site? The organizers00:24:14
really had questions, but everyone else had questions00:24:16
as if the question more or less disappeared, everything00:24:19
up to 100 million rubles, that is, if I00:24:20
myself didn’t write that I have these stages,00:24:23
it means they don’t exist, and when could00:24:26
the controller come to the customer and wave this00:24:28
resolution and say drying, here’s the00:24:30
number of millions for me, I don’t it’s written00:24:32
about the stage, which means there are none, but unfortunately,00:24:34
but for some, unfortunately, for some, fortunately,00:24:37
this norm collapsed without living00:24:39
with us for probably six months, that is,00:24:41
they canceled the countdown once they changed the report, that’s all00:24:45
that was written there in the resolution, it was00:24:46
removed that it’s in oblivion so we have again come to00:24:50
where we started, that again the concept of00:24:52
stages has disappeared, they began in short, letters in00:24:55
Minsk00:24:56
wrote for a long time about the fact that the customer00:25:00
has the right to provide for stages in the contract himself,00:25:02
and even there was a clause, including00:25:06
in the contracts both00:25:08
defense orders were extinguished,00:25:10
the customer himself determines Well, the letters didn’t00:25:13
stop at some point, the Ministry of Finance00:25:15
practically wrote, why are you00:25:17
bothering with these stages, just00:25:19
write that you don’t have them,00:25:21
and here’s something like this letter, it was00:25:24
March 2020, this story went on for a long time, they00:25:27
didn’t release one of for your00:25:29
first ones, explain the size in which they00:25:31
wrote, if you think that it smells,00:25:34
write about it in the notice in the draft00:25:36
frames,00:25:38
as if everything is logical, well, in principle, it’s logical, it does00:25:41
n’t interfere at all with writing, there are no stages, and00:25:45
for a certain period of time, it seems that it became00:25:48
more or less clear what to write00:25:51
absence will help, and then when00:25:53
the controller comes, I show my00:25:55
piece of paper, in contrast it says that they are not there, and00:25:57
our times it is written that it does not mean and is not there, that00:26:00
is, whoever saw this letter could have00:26:02
referred to it in general before him, speak00:26:04
in essence, so the regulator said that00:26:06
it is possible, therefore and I’m writing, but in principle they00:26:08
told the truth, it really can be so,00:26:10
but here again, hello again, this has never00:26:14
happened, and here again00:26:16
the term appears, what is a stage of a contract, and00:26:19
this is attempt number 2, and whoever saw the00:26:21
optimization package in the project could00:26:23
see a completely different form, the00:26:26
official stage appears and The law00:26:29
goes through all the00:26:31
readings,00:26:34
the process of adopting the law, and you and I00:26:37
get this: that the individual stages of00:26:40
the execution of the contract are part of the00:26:42
obligation of the supplier of the contractor, the00:26:44
performer in respect of which00:26:46
the contract establishes the00:26:48
customer’s obligation to ensure acceptance with00:26:51
registration in accordance with the 44th phase of the00:26:54
acceptance document and payment for the delivered00:26:57
goods, work performed, services rendered There00:27:04
was nothing everywhere about this wording, which00:27:06
can also be read in different ways, and the00:27:14
stage of the contract is always when I00:27:16
accept, I pay, no, it’s not00:27:20
obvious, that is, on the contrary, on the contrary, it’s00:27:23
probably obvious that, as if00:27:26
based on this wording, every00:27:27
acceptance, but of course it00:27:30
entails obligations for payment and since there is an00:27:33
acceptance of payment, it means this is00:27:35
a stage, well, at least terminologically,00:27:38
this is an approach and here is00:27:41
another situation, well let’s assume00:27:45
I have a delivery of a car00:27:49
in the amount of 1 piece, they brought it to me, I00:27:53
accepted it and paid for it, in fact, I have one,00:27:57
this is if I need to bring, let’s say, two00:28:00
cars to which time ranges00:28:03
according to the contract, well, like white1, they brought00:28:07
the money changer and paid for it, then after some00:28:09
time again people, if there is a00:28:11
certain plan for when I need to00:28:13
bring this car,00:28:16
but this does not always happen and00:28:19
such purchasing situations are rather00:28:22
rare than standard practice but00:28:25
standard practice is either contracts00:28:28
based on requests that spawn or00:28:31
contracts that are currently not00:28:33
concluded in a certain volume, that is, when I00:28:36
have a certain need, this is possible00:28:38
quite noticeably and in quantity,00:28:40
and I will choose these products as00:28:45
needed,00:28:46
not all at once, but then when it arises00:28:50
and in contracts for applications, I write there the00:28:53
procedure for sending an application, that is,00:28:56
over a period of time, in such and such00:28:57
a way, I send an application to me, they must00:29:00
fulfill this application within some00:29:02
time, and00:29:05
I have no idea how many of these applications I will have00:29:11
there may be little hydra at all,00:29:14
different circumstances, there may be one00:29:16
application, it may be one application per00:29:18
month, it may be two applications per month,00:29:21
it may be 5 applications per month, then for00:29:23
six months nothing is sent at all, that is,00:29:26
the situation may be earlier on that I am00:29:28
writing on the condition that the contract is executed00:29:30
according to requests because I cannot00:29:32
foresee the moment when00:29:34
the need arises in advance, therefore the conditions are the00:29:39
same, close to this, another moment00:29:42
associated with00:29:44
contracts, obligations under which are00:29:46
fulfilled00:29:47
systematically, for example, every day in the00:29:50
morning they bring me newspapers,00:29:54
every day in the morning they bring me newspapers00:29:55
milk00:29:58
and this happens every day00:30:00
on weekdays, I am in kindergarten, I have a00:30:04
delivery every day,00:30:06
this is the stage,00:30:09
if I take an00:30:14
undefined amount every day, I leave it there for now and00:30:16
will return to it, that00:30:19
is, the questions are so pressing, this00:30:23
gave rise to the desire to contact the Ministry of Finance and the00:30:28
Ministry of Finance writes the following: they refer to the00:30:32
provisions of the civil code and this means00:30:35
that here and now I will quote so as not to00:30:40
confuse the proposal, the00:30:42
general meaning is that the deadline for execution00:30:46
can be determined either by some00:30:48
point in time or by an indication of the00:30:51
occurrence of some event that00:30:54
must certainly00:30:56
occur this provision then Article 9090 of the00:31:01
Civil Code and the very00:31:03
events that must certainly00:31:05
occur in contracts based on applications00:31:07
is precisely the pact in the direction of the application,00:31:09
that is, again, the bindings and the fact that well, there is a00:31:14
certain deadline for the fulfillment of the obligation,00:31:16
he is, that is, he and he either is or00:31:19
he arises from the moment when00:31:22
the application is sent,00:31:25
that is, they started from this,00:31:27
and then they write, the00:31:30
main idea is highlighted in red, they00:31:32
write that the case is indicated in the application,00:31:35
this is precisely the contract for applications choose to00:31:37
do it, in which the period is determined by00:31:40
the event of the application, delivery of the part goods,00:31:43
performance of part of the work, provision of00:31:46
services, followed by acceptance and payment00:31:49
may be separate stages of the00:31:53
contract, provided that the contract00:31:56
establishes that the customer is obligated to00:31:58
ensure acceptance of the goods,00:32:01
and00:32:02
that is, the key keyword here is00:32:05
can,00:32:07
but it is written in such a way that it is00:32:11
not immediately clear, but it would seem that00:32:14
the Ministry of Finance to us says approximately the following:00:32:20
if your contract is executed00:32:23
in bubbles, then each application00:32:26
will be a stage, well, this is not entirely00:32:29
true, this is not what they wanted to say, this is what00:32:33
believers wanted to say, and in principle, this00:32:35
can be subtracted from this thought and subtracted00:32:37
into this wording if the emphasis is00:32:39
placed differently on the proposal in other00:32:41
words, since this may mean that the00:32:45
customer has the right to00:32:52
prescribe the terms of his contract himself when the customer has00:32:56
this very Christmas tree, that is, the very00:32:59
fact that they deliver something to you every day does00:33:01
not mean00:33:04
that it was just a reception, that is,00:33:08
remember These are the acts that at the end of the00:33:10
month for the entire volume,00:33:13
many benefit from this mechanism,00:33:16
which I accept for a whole month, then00:33:18
we close everything in a single act, and from that00:33:20
moment I have the obligation to00:33:22
pay for the set time,00:33:24
that is, every day happens at York00:33:26
and then the actual acceptance but00:33:29
I don’t cover the entire volume in one act, this00:33:31
happens there for a month, that is,00:33:33
this option is possible as00:33:36
before, but then this needs to be00:33:38
written down in the contract, but00:33:40
independently,00:33:41
but it00:33:43
seems easier, but not every day there is no00:33:46
need to publish information, it would be a tattoo00:33:48
I don’t have 365, it will be according to 12 dates,00:33:52
at least that’s better, but00:33:55
the question still remains on the surface: what if00:33:59
this is not a daily supply, but just a00:34:03
supply according to need, but the fact is that we have a00:34:07
law from the moment00:34:09
this appeared term, a whole series of00:34:12
conditions appeared when the customer must00:34:15
prescribe these stages in advance and it all starts00:34:18
with lighting in which the customer00:34:20
must indicate the start date of00:34:23
this stage, well, first of all, the00:34:26
start date of the end and nmc,00:34:31
but this is generally a pipe00:34:35
path according to requests, again, I have no idea I don’t00:34:37
have00:34:39
when this application will be sent and the00:34:42
start and end date to indicate, I’m just00:34:44
physically00:34:45
therefore, but the Ministry of Finance in general says, as00:34:49
if hinting at the fact that in this case,00:34:51
write, remember what I said and that00:34:55
you don’t have contract stages for applications,00:34:57
but on the other hand parties, since there is no00:35:00
clear regulation of this issue and the00:35:02
wording can be read in different00:35:05
ways,00:35:07
this may create some risks during00:35:10
planned activities00:35:12
because it is not a fact that the controller00:35:14
will lay out this phrase for00:35:16
spare parts and even if the curtains are and00:35:19
laid out for spare parts, he will understand and and just00:35:21
like and we and we had attempt number 200:35:24
with these stages to reach the Ministry of Finance00:35:26
this year, I tried to reformulate00:35:31
the question we sent but they answered00:35:34
exactly the same thing,00:35:35
that is, apparently they saw the words stages in00:35:38
general the same thing, the question was a little00:35:40
different and since this problem is well known to00:35:43
many,00:35:46
you probably know that the Federal00:35:48
Treasury00:35:49
regulates them, firstly, they are one of the00:35:52
active participants in the process of00:35:55
amending Federal Law 44,00:35:58
that is, they do not have the status of an official00:36:01
regulator, unlike the Ministry of Finance, but00:36:04
any amendment 44 federal law they00:36:07
are introduced with the active participation of at00:36:09
least the film of the Treasury and the Fas of Russia, which is why00:36:11
the Treasury and you are00:36:14
involved in this process quite00:36:15
actively, and as the authorities they also00:36:18
directly maintain a unified information00:36:19
system which, all these buttons00:36:21
set up the legislation,00:36:24
therefore periodically at various meetings00:36:27
for different questions with the Treasury and00:36:30
again this question is asked and it seems like they00:36:33
at least said that they understood they00:36:36
also lived in about the same real ones for a long time00:36:38
that the Ministry of Finance and it seems like in January there was00:36:42
another meeting and00:36:45
the Treasury said but that’s what’s the matter and00:36:48
we kind of understand, we will discuss this issue with the Ministry of Finance00:36:51
in the near future,00:36:53
they said, but now it’s as if the mark00:36:57
is running out and for now we have nothing new, that’s why00:36:59
I’d probably like to00:37:03
see some kind of reaction from the regulator, but00:37:05
you see, they’re still pretending to be00:37:07
dead,00:37:08
they’re doing everything normally it can be00:37:11
pumped up, maybe because the00:37:15
uploads according to 44 pride laws are used to blowing00:37:18
on the water, but objectively yes, because00:37:20
every action there can be00:37:21
perceived somehow incorrectly by the00:37:24
controllers, so maybe this00:37:25
reinsurance can really be00:37:27
much simpler and00:37:30
if it turns out to be so, well excellent,00:37:33
good, but it’s not clear why,00:37:38
because the control event, again,00:37:40
when we understand how they look at it00:37:42
only next year, because00:37:44
internal financial control is for the00:37:46
next year, it will come to check this year00:37:48
before 22-23, and00:37:52
we see the inspection reports accordingly only 2300:37:54
are ready, so now, as it were, the score00:37:58
knows how they will look, but there is one00:38:01
moment that is more or less safe, in my00:38:04
opinion, again, there is no practice,00:38:06
so there is nothing to share, but it seems to me00:38:09
that this is reasonable, at least it is00:38:10
logical, you00:38:12
and I know that there is a00:38:14
procurement mechanism with indefinite volume00:38:17
in fact dabka delivery according to requests00:38:19
indefinite volume they have a lot00:38:21
of similar points, in particular in the00:38:24
sense that when I purchase using any of these00:38:27
mechanisms, I bring to the attention of the00:38:29
procurement participants that I may00:38:32
not take the entire volume, I will00:38:34
take some part in which is not necessary,00:38:36
and in this case, before in purchases with an00:38:39
undetermined volume, I also00:38:40
asked for the products to be brought to me,00:38:43
see how I can buy a thousand00:38:46
stationery there according to requests, but I can buy a thousand stationery, and00:38:49
in this write down that00:38:52
they buy a thousand stationery,00:38:54
and at unit prices00:38:58
in the end everything is the same, the same application00:39:01
will be sent, yes, this will be the one that00:39:03
started it, it will be00:39:05
different for me, and00:39:08
from the point of view of the exact term, this is according to00:39:12
contracts, here there will be differences00:39:15
and look, when I carry out the purchase according to00:39:18
applications, I write that the number of00:39:21
stationery but there are 100 pieces00:39:26
that is, I have a specific volume,00:39:28
and in my conditions it is then written that00:39:31
I choose partially, then what I didn’t choose, I do00:39:33
n’t accept, not paid for,00:39:35
if it’s not a certain volume, I write not the00:39:40
quantity, but essentially unit prices00:39:44
and as much as on that indefinite one,00:39:48
I’ll choose exactly that much how much do I need,00:39:51
but just on the topic of personal prices00:39:54
that will not be offered to me, there is no00:39:56
volume as such, and based on this,00:39:59
if we look at the wording, we see00:40:02
that a separate stage of the contract is part of00:40:05
the supplier’s obligation,00:40:09
and that is, 1 1 piece of proposals, and so00:40:12
in contracts on applications a part00:40:15
obligations can be isolated, I00:40:18
have a quantity, albeit a limit, but with an00:40:21
indefinite volume, I have no volume,00:40:24
there is no volume, which means it is impossible to00:40:27
separate out a part of it, which is why00:40:30
I come to the conclusion00:40:32
that in contracts with an indefinite00:40:34
volume there are no stages at all,00:40:40
so this is the stage safer00:40:42
because here, logically from the term,00:40:44
you can justify to the controller that it is00:40:46
impossible to allocate a part as00:40:47
you do not exist in volume,00:40:51
so it seems to me that this option is00:40:54
safer. The second question that00:40:56
also often arises in relation to these stages is the00:40:57
question of when this stage00:41:00
will end with00:41:03
the fulfillment of obligations or the00:41:08
management considers payment that the payment is00:41:11
not directly written on the one hand,00:41:13
again based on the proposal, it seems that all the00:41:16
same the implementation is actually,00:41:18
but the treasury believes that the payment, again, is00:41:22
tasty, I’m only in form, but all these00:41:25
events that were not carried out00:41:27
on issues of changes in00:41:29
legislation there according to the update of the version,00:41:31
there are other things before they were on YouTube, they00:41:34
removed everything from there and if you want, but00:41:38
how to make sure, yes, what I just00:41:41
talked about is that they00:41:43
think that these are stages they are these videos00:41:46
that were publicly available on00:41:47
YouTube they moved to personal accounts00:41:50
in the user manual, which I00:41:53
also told you about yesterday, now they00:41:56
will post information there about the00:41:58
events that they held openly, and at the00:42:00
end of last year they had a00:42:02
seven-hour video of events, and that’s00:42:07
exactly what they are in it, yes, they are not in this00:42:11
VKS these are the longest centuries and a00:42:14
neighbor, so you can immediately00:42:16
identify him, here they are just00:42:18
talking about answering this question00:42:20
that was asked in the audience about that stage00:42:23
it ends when00:42:25
they don’t say execution or payment, we believe that payment is well, there is00:42:27
no internal financial00:42:29
control that’s why it probably doesn’t make00:42:32
sense to listen,00:42:34
we’ll probably still00:42:36
initiate the next00:42:38
next series, we’ll sort out the current00:42:42
situation, the next series of requests from the Ministry of Finance,00:42:47
well, just to somehow00:42:50
show you the position in a more00:42:52
official format, but for now you have00:42:54
n’t finished the second block yet that’s why it’s00:42:57
still in the process, most00:42:59
likely I’ll include this question there just so00:43:01
that there is some kind of written understanding of00:43:03
their position,00:43:06
although again, yes, you can argue with this00:43:08
because based on00:43:10
the wording and based on the logic again,00:43:13
if I define a stage at00:43:15
the end of the stage set some00:43:18
date, and then of course it’s easier for me to00:43:22
set dates for the fulfillment of obligations00:43:24
by the supplier because if I’m talking about00:43:26
paying me, payment is always within00:43:31
no more than how many days,00:43:35
respectively no more, this means I00:43:38
can from the first day to pay it on the00:43:39
second day and on the last day of this00:43:41
period and how on which day I00:43:44
will make the payment specifically, I cannot know in advance,00:43:47
that is, this moment is so00:43:50
difficult, but probably if you again00:43:53
adhere to the position00:43:54
of the Treasury on this issue, then you00:43:56
need to at most, you simply include the00:43:59
deadline for payment that you00:44:01
may have, that is, if you pay for more than00:44:03
10 days, know something to calculate these 1000:44:05
days and include the tenth day sometime after the00:44:08
end of this00:44:10
until00:44:14
maybe it takes place, we are also talking about00:44:17
standard contracts with you talk00:44:19
today, but maybe it is also possible to00:44:25
write this feature00:44:27
of phasing directly into the contract,00:44:30
if you again work with stages and00:44:31
will set them up, then00:44:33
write directly in the contract that the stage00:44:35
includes a payment deadline and then add00:44:39
it there so that there is uncertainty00:44:41
this can be avoided because you yourself00:44:44
then establish the stage so00:44:47
that there is not this different approach00:44:50
when it is better to just00:44:52
write it down directly, this is what the new00:44:56
terminology concerns, as for the form of00:44:58
the contract, as a general rule we have two00:45:02
forms, this is a simple written form of00:45:04
the transaction in in those cases when we conclude a00:45:06
contract based on the results of purchases from a00:45:08
single supplier, the standard00:45:10
basic one is like that, except this is00:45:12
electronic procurement, I’m older to dig00:45:14
parts 1290 3 articles and for electronic00:45:18
procurement, as a general rule, we have an00:45:20
electronic transaction form, but in closed00:45:22
procurements of clarity it is closed electronic00:45:24
then the electronic form, if it is closed on00:45:27
paper, then a simple written form of00:45:29
the transaction, in principle,00:45:31
everything is logical, but00:45:35
such a trend appears and there is a00:45:39
deferred provision in the forty-fourth00:45:41
law that from April 1, 2300:45:45
it will be technically possible to00:45:47
conclude contracts with, on a separate00:45:50
basis, the purchase of a supplier through00:45:53
from that is, in electronic form,00:45:57
this will concern three cases: this is the00:46:00
conclusion of contracts by the light supplier00:46:03
according to and on the basis of an act of the president or the00:46:05
government, up to 7 years by the supplier00:46:08
who is determined by such an act as the00:46:10
only second procurement under00:46:13
exclusive powers, that is, under00:46:15
paragraph 6, with the authorities00:46:16
subordinate to them kozenko my or00:46:18
joint stock companies and and the third is,00:46:22
oddly enough, point 17, this concerns00:46:25
such creative times to drill these when00:46:27
various cultural institutions there00:46:29
acquire00:46:30
all sorts of different00:46:33
things in order to hold some kind of00:46:35
cultural events there and attract some kind of00:46:37
groups and props makeup00:46:40
furniture there stage costumes00:46:42
instruments and other other history a00:46:45
technical possibility will appear in the form of the00:46:48
right to conclude a contract in electronic00:46:51
form, that is, there will be no obligations00:46:55
only the right, so if you want an00:46:57
electronic contract please want it00:47:00
on paper please continue to00:47:02
work on paper it will be like rights and00:47:05
again one more this applies only to 300:47:10
cases of purchasing from our00:47:13
favorite supplier up to 600 thousand rubles, a small volume00:47:16
it will remain for now in the same00:47:19
real ones that you have right00:47:21
now00:47:24
if the contract is electronic, then acceptance is00:47:27
electronic, if the contract is paper, then00:47:29
acceptance is paper00:47:35
innovation, which has not yet arrived but in the00:47:38
twenty-third year we00:47:41
expected her to sort out the contents of the00:47:44
contract, what it should include,00:47:47
and you and I also talked at one of our00:47:51
meetings about the fact that there are a number of contracts with the00:47:54
so-called reduced00:47:56
requirements from the simplified requirement00:47:59
from the table to the contents of the contract and we said00:48:01
that this Regarding purchases from a00:48:03
single supplier,00:48:07
there are features not provided for in00:48:10
Part00:48:11
15-30 4 44, which says that when00:48:16
concluding contracts, in cases of these00:48:20
individual provisions of Article 34 may not00:48:25
apply, not all of00:48:29
what the contract is and in which individual00:48:32
requirements for the content of the contract are not00:48:34
mandatory. that various communal services00:48:38
and monopolies on 1 8 twenty-ninth00:48:41
point small volume up to 600 thousand rubles on00:48:44
both points 4 and 5 for00:48:47
individual customers you see there are00:48:50
exceptions that under part 1290 3 articles00:48:54
this option does not work, that is, the00:48:56
contract under part 12 is full there are no00:49:00
simplifications, but the contract for00:49:04
4 5 on such a traditional basis is up to 60000:49:07
thousand rubles, there may be00:49:08
simplifications further 15 this is visiting00:49:11
various events 23 provision of00:49:15
maintenance services repair maintenance of buildings00:49:17
and structures00:49:18
business trips 26 points of medicine00:49:22
according to the decision per year on 28 points but and00:49:26
several others to found 9 20 2100:49:29
there 40 becoming the first there such specificity00:49:31
specificity00:49:33
ensuring the visit of heads of state00:49:35
various00:49:36
purchases00:49:40
related to archival data and a number of00:49:43
others, yes, that is, they are more00:49:44
specific, in this case I00:49:48
will say again that in part 15 the transfer is00:49:51
get it and 3 4 the customer may not00:49:54
comply with the requirements that are00:49:57
provided for in parts 49 111300:50:04
34 of the article, after all, not all of them, but only00:50:07
these ones that sit them them sit conditions on the00:50:11
liability of the parties for non-fulfillment and00:50:13
improper fulfillment of obligations00:50:15
there are fines and penalties, we have, as a general00:50:18
rule, the amount of the penalty is determined by00:50:21
Article 34 itself, but the amount of the fine00:50:24
is determined by a separate00:50:26
government decree, and our fine actually00:50:28
depends, as a general rule, on the size of the00:50:31
contract price,00:50:33
tied to the price defect, we will00:50:36
look at this layout today for both00:50:38
penalties and the general thesis is so00:50:42
standard that those the amounts of penalties00:50:45
that are determined by the legislation on the00:50:47
contract system, they must be00:50:48
observed in all procurements, in all cases, but in00:50:53
procurements with these00:50:55
exceptional requirements,00:50:57
you may not adhere to the general00:51:00
requirements for the amount of penalties for 44 it is00:51:04
absolutely safe and not00:51:07
to adhere to or the phrase yes does not00:51:08
apply does not mean that you should00:51:11
this must be excluded no, you00:51:14
want to continue writing this phrase, again,00:51:17
does not mean that you necessarily need to00:51:19
simplify for someone, that you can, on the contrary,00:51:21
complicate it,00:51:23
that is, the phrase simply says that00:51:26
you can formulate the condition it is00:51:28
a penalty in exactly the way that00:51:31
you need them it is00:51:34
simply established by law,00:51:37
so the example that was given with a00:51:40
very small penny size, and in this00:51:44
case, when concluding a contract of up to 600 thousand rubles, you00:51:48
have the right to set the size higher00:51:52
than the basic one that is the law if00:51:54
you want, but will strengthen the protection of your00:51:56
interests,00:51:58
if you do not see it as expedient, you can do00:52:01
nothing at all write and then00:52:03
if there are00:52:05
chips with the execution of the contract, well, what a penny00:52:08
in the understanding of the legislation, but00:52:10
something just goes wrong, it00:52:13
will be necessary to demand00:52:14
[music]00:52:15
compensation for penalties, then you just00:52:18
open gk and the situation is a penalty and,00:52:20
accordingly, on the grounds for which00:52:22
citizenship is provided we will00:52:24
demand to indignate penalties if they00:52:26
are not forested,00:52:28
but again you want to protect interests to a greater00:52:31
extent, to make it tougher, to do all the possibilities00:52:34
you have for this, and the next00:52:37
moment is an obligation, well, this is,00:52:41
as it were, provided for by law, but the00:52:44
controllers will most likely say that this is00:52:46
wrong, I understand that this is It00:52:49
will sound strange, it seems like the law allows it, but00:52:51
control will say that this most likely00:52:53
cannot be done, and this is the obligation00:52:55
to make a demand for payment of a00:52:57
penalty if it arises00:53:01
even in small purchases, but as a general00:53:04
rule, if00:53:05
there are penalties, then we must demand00:53:09
that they be reimbursed, and this is a general rule,00:53:12
but here that’s why it00:53:15
was envisaged as possible00:53:18
to say00:53:19
how as possible the rights of the customer want to00:53:23
demand compacting it’s worth not00:53:24
demanding why the controller will most00:53:27
likely not agree with this the thing is that if00:53:30
we are talking about pbs oh yes receive as00:53:32
budget funds then the money that00:53:35
comes will drip budget00:53:39
and since the budget is replenishing the budget, well, this is00:53:43
important if you don’t demand and the budget is not00:53:45
replenished, it means that in essence you have deprived the00:53:47
budget of00:53:49
additional funds from a source of00:53:51
income, and therefore if you get00:53:54
budget funds, well, you definitely need to say00:53:57
that it’s better, of course, to demand payment00:53:59
because most likely there will be from00:54:01
if the controllers will somehow00:54:03
qualify it, then not as a violation of00:54:06
phase 44, which allows for such a possibility of00:54:07
detecting violations of budget00:54:09
legislation because you, by00:54:11
your inaction in this case, are causing00:54:13
damage,00:54:17
but if the customer is a budgetary00:54:19
institution, here the picture changes a little00:54:21
because the money is the00:54:24
customer received a budgetary institution00:54:25
receives upon request the dam costs this is00:54:29
not tax income, that is, in fact,00:54:32
this money goes to the income items of00:54:35
the budgetary institution and these income00:54:38
items are essentially their own funds00:54:40
which the customer has the right to00:54:42
dispose of himself, that is, if the customer does not00:54:45
demand to pay a penalty, then in fact by00:54:46
this inaction, he harms himself,00:54:49
his non-budgetary wallet,00:54:56
even in the logic of the budget code, the money of00:54:59
which the budgetary institution receives,00:55:01
even in the form of subsidies, this money00:55:05
is not budgetary from the point of view of the00:55:08
budget code, that is, if it00:55:10
came to us, then it is ours,00:55:15
but in this case the controllers are more likely In total,00:55:18
sculpture too, you practice this kind of practice00:55:20
much more than the practice when00:55:22
the inspector said yes, it was possible, that’s why00:55:25
I would probably recommend everyone to00:55:27
do it anyway, simply due to the00:55:30
fact that most likely the controllers will not00:55:32
understand your complex research,00:55:36
why are you a certain customer there,00:55:38
why with your own by your inaction in this00:55:41
case, you are not causing any harm,00:55:42
so it’s better to be on the safe side, it’s better to00:55:44
demand payment,00:55:49
that is, in a series when there is theory, there is00:55:51
practice, yes, I’m not sometimes with each other and00:55:55
out of sight, but again, if your00:55:57
controllers basically understand the situation, you00:55:59
can focus on the position of00:56:02
your norms if you know how they00:56:04
look00:56:06
further and the following lowered requirements00:56:10
are standard contracts standard00:56:12
contract terms which may also not be00:56:14
observed in such purchases with warm00:56:17
contracts we will talk to you again now I will put00:56:19
another emphasis on this just00:56:21
for now let’s remember that standard00:56:24
contracts In these cases, they may be00:56:27
completely ignored even if they have a00:56:33
schedule for the execution of the contract, but as a00:56:36
general rule, the schedule for the execution of the00:56:38
contract, in principle, requires quite00:56:39
expensive purchases and we do00:56:41
not directly conclude a00:56:43
contract for a long period, therefore, in principle, even the very00:56:47
fact that Article 3 4 is written that00:56:50
the contract provides itself with a schedule further there, how00:56:52
much is deciphered when a schedule is00:56:55
definitely needed, it says that a00:56:57
contract execution schedule is not needed in00:56:59
contracts, even for competitive procurement00:57:01
that do not satisfy these00:57:03
conditions, which the bracket here, well, they also00:57:06
prescribed that the00:57:10
execution of the contract can also play a role here Well,00:57:12
as if it’s logical, you need it, write if you have00:57:15
n’t written it, it means you don’t need it, don’t00:57:17
need it and haven’t violated anything, the00:57:20
following inclusion in the contract of a condition about00:57:23
acceptance, a condition about the procedure and terms for payment00:57:27
for acceptance, as well as the procedure and time frame for00:57:30
processing the results,00:57:32
such a method00:57:34
can not be included in the terms of00:57:38
the contract, but this does not mean that it is00:57:46
not necessary to comply with the requirements that are in the law, that is, we have payment terms00:57:49
provided for in phase 44 and the payment period for00:57:54
contracts that are concluded in simple00:57:56
written form can00:57:58
currently reach up to 30 days,00:58:01
as before, that is this old norm00:58:03
which is 30 days of payment, it continues00:58:06
to apply, it is from 13 14400:58:09
13 1 part a 3 4 of article 44, it00:58:14
still says that in principle there00:58:16
is such an option, that the payment period can be00:58:20
up to 30 calendar days and, in00:58:24
principle, this is where it is in fact, it can still00:58:26
work like this in contracts,00:58:28
which are concluded in simple written form;00:58:30
there are also separate00:58:32
features; if you are a federal customer,00:58:34
then probably forget about 30 days00:58:37
because there are features for00:58:39
payment of 5 bbs, and if you are federal00:58:42
budgetary institutions,00:58:44
then for we may have a 30-day period, but00:58:48
if you receive federal00:58:50
budget funds, you have a 10-day payment period due to the00:58:52
peculiarities of the by-law00:58:54
regulation, and regarding the terms of payment, I00:58:57
will say separately that is, if you enter into a00:59:00
small-volume contract, for example, for example, for one00:59:03
of these, for example, a small-volume one, then00:59:05
this does not mean that you can00:59:07
ever pay as much as a stream, that is, if you did not00:59:10
write that the payment period is within00:59:12
thirty, you simply did not write down, but the00:59:15
actual period must be taken into account in the same way00:59:18
with acceptance, if you00:59:21
have written more than once how this acceptance00:59:22
is carried out, then that’s it equally, those00:59:27
actually small acceptance rules that exist in00:59:29
phase 44, they still must be observed,00:59:32
well, they are for men, but one of them, for00:59:36
example, is that at the stage before execution and00:59:38
before acceptance, an examination is carried out, well,00:59:43
either internally or externally, it is00:59:45
carried out and even if you purchase a00:59:48
small volume then this requirement00:59:50
that there should be an examination somewhere00:59:52
should still exist even if00:59:55
it is not written specifically in your contract, that00:59:58
is, there is such a nuance; this also follows00:59:59
gender01:00:01
further01:00:03
regarding the timing of the preparation of01:00:06
acceptance documents as a general rule in contracts01:00:09
that are concluded according to this these are01:00:10
the grounds there is no electronic actuation01:00:13
in general, which is why there is no deadline for signing the01:00:19
acceptance document, well, in fact, there01:00:21
are no 44 types of us, but there is no direct01:00:24
requirement for how long01:00:26
the document is submitted, respectively, and01:00:29
well, if you don’t write it down in the contract,01:00:30
it means either this will happen immediately01:00:33
but when it arrives saw won, or01:00:37
if you think that this may become a01:00:39
shared difficulty in obtaining such01:00:41
documents, then it is better to01:00:42
write anyway, but these deadlines are determined at the01:00:44
discretion of the customer, they are not01:00:46
regulated in any way, you determine how long during what01:00:48
time the closing documents are needed to be01:00:51
transferred, you determine yourself,01:00:52
and again in if this is not01:00:55
electronic acceptance with electronic acceptance01:00:58
there is an element regulated by steam and01:01:00
let's look a little bit at the question the01:01:03
next point is01:01:07
the condition about reducing the amount payable to an01:01:10
individual by the amount of01:01:12
tax payments that moment what this01:01:15
condition can really not be01:01:17
written because you, in principle01:01:18
initially you know your counterparty, that01:01:22
is, if your counterparty under such a01:01:24
contract is a legal entity, then why01:01:26
write the terms of individuals if it still does01:01:28
n’t work correctly correctly, but01:01:32
if you have a contract with an individual,01:01:35
but here you need to decide in general what the01:01:37
status of this individual is as an01:01:40
individual now can act in three01:01:44
possible01:01:45
types: it can be an individual in the01:01:48
traditional sense,01:01:49
just a citizen, or01:01:52
it can be a self-employed individual01:01:55
who applies a tax on a special01:01:58
tax regime, a tax on01:01:59
professional income within the framework of 422 z.a.01:02:04
and maybe01:02:07
the peculiarity of both the self-employed is that01:02:12
tax payments and payments as01:02:16
tax payments, first01:02:18
they make tax payments independently, that01:02:20
is, they and the01:02:24
customer does not act in their01:02:28
relationship as a tax agent,01:02:30
it is they themselves who pay taxes and01:02:33
social contributions social01:02:36
contributions and ps- on produce and01:02:38
self-employed and as it is written in01:02:42
Federal Law 422 wants to deduct does01:02:45
not want to deduct, well, that is, he01:02:46
wants to save a pension from let deducts01:02:49
does not want to save, but with me it’s purely01:02:52
that is, at the discretion of01:02:56
the customer does not01:02:58
make payments to social funds01:03:01
and taxes and taxes until the names of these two01:03:04
categories of01:03:05
individuals, respectively, if you01:03:08
somehow interact with one of them,01:03:10
of course, you don’t have to write this01:03:12
because in fact they themselves act as01:03:15
such agents in relation to themselves,01:03:17
but if your counterparty is an individual,01:03:20
and usually this is in In the original understanding of01:03:23
an individual, he does not apply01:03:25
any special tax regimes that are simpler, but01:03:27
in this situation you really do01:03:30
n’t have to write to issue 1301:03:32
percent of the income tax for him,01:03:34
pay the tax office and01:03:36
make deductions to the social fund,01:03:39
social insurance, tanks, circus,01:03:40
pension fund, these are there 30 with01:03:42
kopecks of interest at about 40, yes, that’s what01:03:44
is deducted under the contract, but with an01:03:47
individual you don’t have to write about it, but it’s01:03:49
still necessary to deduct,01:03:54
that is, here01:03:55
we are, that’s all,01:03:57
so it will still decrease,01:04:00
but it will be transferred simply due to the01:04:02
fact that according to the law not01:04:04
procurement industry legislation,01:04:08
well, an individual in this case is in a01:04:10
weaker position, and therefore a01:04:13
legal entity that acts as a01:04:16
customer of services will have to01:04:18
make all these necessary01:04:20
deductions,01:04:21
that’s the story, and in all these01:04:26
cases listed, the contract can be01:04:27
concluded in any written form any in01:04:31
any form provided for by the Civil Code. but01:04:34
any form provided because but01:04:36
actually brings us to a simple01:04:39
written form why01:04:42
at this moment in time it’s quite funny01:04:45
just to01:04:46
have a little fun there was a funny incident01:04:49
at the start of Federal Law 44 it was01:04:52
written that the contract is concluded in01:04:54
any form provided for the player,01:04:57
including verbally,01:04:59
then internal financial control01:05:02
and when finished reading before this proposal,01:05:04
there was a general panic, some01:05:06
kind of oral form happened, but then the01:05:08
intended purpose of the payment is money, then01:05:11
anyway the intended purpose is in short, you are01:05:13
boiling, this norm began quickly squabbles 001:05:15
and but they slammed, also very curious, they01:05:17
just wrote they removed this,01:05:19
including in the oral form a made a link to01:05:22
g.k. Well, what kind of still01:05:23
provide for an oral form to do it, it’s01:05:25
just not so obvious, but it’s still in the01:05:28
total mass, well, of course, it’s still01:05:31
worth it, then avoid the ear form, but in01:05:34
fact, in principle, the cube, the oral01:05:36
form of the transaction is mainly transactions01:05:37
of individuals among themselves to a greater extent,01:05:40
well, for legal entities there are grounds for oral01:05:43
forms of transactions, but they are still somehow01:05:47
limited in one way or another in a certain way, it’s very difficult then the01:05:50
city01:05:52
proves interesting, they discussed if the transaction was01:05:54
oral,01:05:56
so in our case there are01:06:00
still no tasty transactions it should just be a01:06:02
written form of the transaction; in fact, it01:06:03
can be any, but there were clarifications01:06:06
from the Ministry of Finance, including01:06:07
this for those who are concerned, yes, this is, in01:06:10
principle, logical; those who are01:06:12
concerned about this issue need a written form;01:06:14
it does not necessarily have to be a paper01:06:16
called a contract; it can be an01:06:18
invoice payment, this could be an invoice, an01:06:20
offer, this could be a check, the Ministry of Finance says01:06:23
that all this is adequate01:06:25
evidence of the fact that the transaction was01:06:27
completed, made in writing,01:06:29
so someone had any01:06:32
questions there, there are such explanations if you01:06:34
search, you can find it,01:06:37
well, if you just for you, since01:06:39
this is relevant, all the requirements that01:06:42
are reduced in relation to the basic01:06:44
requirements of the content of the contract,01:06:46
accordingly, all other requirements of01:06:47
the contract, they still apply01:06:49
to such purchases, this is also important01:06:53
to take into account,01:06:56
let's move on, is it possible to refuse to01:06:59
conclude a contract,01:07:01
but as a general rule, if the transaction01:07:05
is made based on the results of the purchase from01:07:08
the supplier; general rules, of course, you can01:07:10
refuse, well, until it is concluded, no one01:07:13
will even see that we are refusing to conclude this with someone,01:07:15
so any01:07:17
party before signing something01:07:19
to me, of course, can change their mind, but in01:07:23
cases where we We are talking about procurement by01:07:24
competitive methods before the01:07:27
auction competition, quotes, or even if the purchase is01:07:30
under Part 1290 3 of the article, this is the01:07:33
supplier’s approval until in electronic form,01:07:36
here it is already impossible to refuse to conclude a01:07:38
contract without01:07:40
objective reasons;01:07:42
refusal is possible, but only in cases01:07:46
that will already be01:07:48
specifically provided for 44 and in this01:07:51
case, these are in Articles 31 to 44 of the01:07:54
Federal Law and they are associated with01:07:57
certain shortcomings that01:07:59
may arise or could arise on the01:08:02
side of the01:08:03
person with whom the contract was planned to be concluded,01:08:06
for example, here they are listed01:08:09
if it is established that this participant does01:08:13
not correspond to the single or01:08:15
additional requirement or01:08:17
universal in the tribune and universal01:08:19
pride qualification, non-compliance with these01:08:23
requirements can be established in this01:08:24
way, that is, it is clear that the applications01:08:26
were checked and inspected that everything is enough,01:08:29
what is expected, etc., but it01:08:33
happens that something is fake but in01:08:37
reality it is completely different, that is, a declaration must be01:08:39
written and then it turned out that this was01:08:43
not true,01:08:44
or for example,01:08:47
or for example, or for example, there was a license01:08:51
for we were purchasing some kind of01:08:55
activity that01:08:57
requires a license to perform, and01:08:59
accordingly, everything seemed to be in order with it, but01:09:02
at the time of consideration of the01:09:04
application, they also checked the license everything is01:09:07
fine, yes, they01:09:11
looked at the valid license registries, it’s not all01:09:13
right, really, but at01:09:15
the time of signing the contract, something suddenly01:09:18
went wrong with the01:09:20
contract manager or service specialist and he01:09:22
went back to this license registry and01:09:24
you see that the license was canceled or01:09:27
suspended before, well, that is, he all seemed to have01:09:30
lost the opportunity to fulfill his01:09:32
obligations because it required a01:09:35
special permit, and01:09:38
if this is established, then this will be01:09:40
a reason to refuse to conclude a contract01:09:42
for these participants, another question yogi no01:09:44
mini hatch not this question is, as it were,01:09:46
voluntary01:09:47
because there is no obligation at the stage of01:09:51
concluding a contract to double01:09:53
-check after the commission01:09:56
whether this participant still meets01:09:58
the requirements or does not comply, that is, these are01:10:01
cases that, well, let’s say01:10:04
in an emergency form,01:10:06
can help stop further problems01:10:10
before the contract is01:10:13
concluded, that is if it is01:10:15
established somehow suddenly, then it01:10:19
will become a reason for refusal, but it will not be01:10:21
established, it means behind the contract and01:10:23
there in the course of fulfilling obligations under the01:10:25
contract, it will become clear that it is not suitable and01:10:27
then when it will be terminated,01:10:31
so here is the moment to simply quickly01:10:34
solve this problem so that there is an01:10:36
opportunity at least there is the same01:10:38
second thing to turn to and01:10:40
quickly Perry will conclude that there is no such01:10:42
simple drawdown in terms of01:10:44
fulfillment of obligations under the contract, that is,01:10:47
this is such an emergency01:10:48
response measure and, in general,01:10:51
it is applied if necessary, again there is an01:10:53
obligation to double-check again01:10:55
there is no compliance the same the most important thing concerns the01:10:57
information about the availability of information in the RNP, that01:11:00
is, once again the register at the stage of signing the01:11:03
contract, double-check the obligations;01:11:08
if it suddenly turns out that it is01:11:10
still there, this will be a reason to01:11:12
refuse to conclude a contract at the01:11:14
stage just before the conclusion, this is important, that01:11:18
is, if it comes up and in during01:11:21
execution it’s a different matter, but if at the01:11:23
stage of concluding the contract it turns out01:11:26
that he was war and hit, then01:11:29
let’s not conclude if the requirement for01:11:31
absence was established in the RNP, if we01:11:35
establish that he provided me with01:11:36
some reliable information as part of the01:11:39
application, also to confirm the fact01:11:41
reliability, as a rule, requires a01:11:43
certain amount of time, and this01:11:45
may be at the stage of consideration of applications,01:11:47
taking into account the fact that this short01:11:49
enough period of time, we01:11:51
may not be able to find out something01:11:54
simply from time, but the planet is01:11:56
signing a contract, and there is already there,01:11:58
for example, a plant - the manufacturer replied that01:12:00
yes, they lied, there are no such products, in01:12:02
general, they produce the same thing,01:12:05
that is, this plant indicated01:12:08
that their products, that is, it was possible to01:12:10
identify that it was they, and01:12:12
unofficially answered that no, they01:12:14
lied, there is no such company,01:12:15
characteristics01:12:18
but there are also certain risks, but01:12:21
these01:12:22
risks are associated with who lived the plant or is it01:12:25
like that too,01:12:29
this is a basic set that, in01:12:31
principle, can work out for each customer in01:12:33
some situation, in essence01:12:35
it is a participant’s non-compliance with the requirements01:12:37
established or an unreliable01:12:40
average composition of the application Tatyana, well, somehow01:12:42
characterizes in a certain way that01:12:44
this person could not get the right not to01:12:48
disappear, could not get a contract and01:12:50
enter, so I will say that the01:12:52
medicine for medicines01:12:55
has certain features that are not associated with01:12:58
any medicines only with medicines01:12:59
later than LP. here’s an01:13:01
interesting story right here01:13:03
because remember I said that01:13:05
NVP drugs are purchased taking into01:13:09
account the specifics, in particular01:13:11
pricing regulation,01:13:13
because the manufacturer of these drugs01:13:16
must come and the maximum selling01:13:17
prices must be registered, indicates the01:13:20
maximum price and cannot be sold to the market at a higher price than this price01:13:27
There are also specifics related to01:13:29
wholesale surcharges from VAT,01:13:34
pricing, I don’t want to load everyone with01:13:37
these questions so that it’s clear, but01:13:40
because I want to give a terrible example of01:13:42
medicines and what are the consequences01:13:48
if the manufacturer himself comes to01:13:50
participate in the purchase, and such a practice01:13:52
actually exists, produce how they enter01:13:55
participate themselves from itself not through the market in01:13:57
the morning, but the01:13:58
manufacturer at the auction can offer a01:14:00
price01:14:01
lower or the same as in the register of01:14:04
maximum selling prices01:14:06
no longer for01:14:09
medicines, we are playing mainly an auction01:14:11
because they walk the black list for themselves,01:14:13
that is, there may be a quotation, that01:14:16
is, not a competition Basically, this is an auction01:14:18
purchase, and as you and I know well, in01:14:20
an auction it goes down step by step and01:14:24
I can’t jump over my head so that I01:14:26
fall, right here you are right there where my01:14:28
limit is the selling price, that’s why01:14:30
there, depending on01:14:32
how many competitors came, they are there something01:14:35
was offered there, the price that turned out to be01:14:38
such a turned out and often the price01:14:41
that according to the results of the auction01:14:42
turns out to be01:14:45
higher, it may be less, but it is not the same,01:14:49
not exactly the same as if01:14:52
the accomplice was launched by Nastya, and if the price01:14:55
actually turns out to be more than the01:14:57
registered manufacturer, then above01:15:00
it is you who signed this contract,01:15:01
the rule appears about the protocol for01:15:04
agreeing on the contract price where the01:15:06
manufacturer makes an additional01:15:08
discount until, well, either the maximum prices01:15:12
are registered, or if he is ready to01:15:14
offer something lower, then lower, but at least to01:15:17
the maximum, he must reduce it,01:15:19
otherwise there is a risk and this is the01:15:23
situation that in fact, in practice01:15:25
it was definitely true, I only saw two such cases, it’s01:15:29
just difficult to establish a little how the01:15:32
whole thing might end in general, something like this01:15:34
happened that the price was not01:15:37
adjusted, the contract was concluded,01:15:39
and the worst thing was that they01:15:43
executed and paid for it, and the01:15:46
worst thing is that in fact there01:15:50
was a contract concluded on conditions01:15:53
that are not provided for by01:15:54
law, which already constitutes an01:15:56
offense, and also the execution of01:15:59
such a contract entailed01:16:02
additional expenditure of budgetary funds,01:16:04
they actually overpaid,01:16:07
and01:16:08
it’s interesting that responsibility for01:16:11
this type of offense01:16:16
can be brought to administrative responsibility01:16:20
h4 persons,01:16:23
well concluding a contract is a mutual01:16:26
action, if the contract was concluded, then01:16:30
they are both at fault, both parties01:16:34
deliberately went for it and it turns out01:16:37
that the customer can be brought to the legal entity of the01:16:40
customer as an official and01:16:43
his supplier as a legal entity and as01:16:48
conditionally we must sing, that is, answer from the01:16:51
legal entity, someone acted in concluding this01:16:53
contract, these four persons can be01:16:55
held accountable, and what is the sanction01:16:58
there?01:17:17
reimburse01:17:19
them more, the overpayment was full of a million rubles01:17:22
and01:17:23
now calculate how much in the end the01:17:25
budget is01:17:29
2 million01:17:36
so those who buy medicines those who01:17:39
buy medicines later he01:17:41
pays here right here it is advisable to trace01:17:43
why because even if this01:17:45
happens, then in principle everyone should01:17:47
understand that something bad can happen for01:17:50
everyone in the second case, not 4 people were01:17:52
brought to justice, in my opinion01:17:54
only 2 were fined, if01:17:57
I’m not mistaken, but there it was somehow easier01:17:58
to resolve out of the mind, there were fewer, but then01:18:01
this case stuck right in my memory01:18:04
what is this is very indicative of how much01:18:07
money can be returned to the budget later, I will return01:18:11
more and more grounds for refusal, in01:18:13
principle there are no and everything else is a01:18:16
reason for such a contract to conclude a refusal to01:18:20
conclude a contract, it is drawn up01:18:22
in a certain way, which is also01:18:24
regulated 44 and, in principle, there are01:18:28
no adjustments here in relation to01:18:30
last year there was no we need to01:18:31
draw up a protocol of refusal there will be a01:18:34
spot laundress there was a protocol of refusal to01:18:37
conclude a contract within one01:18:39
working day it is drawn up from the day the01:18:41
fact that caused the01:18:44
refusal is identified and within 2 working days and is01:18:49
posted on the day during the working01:18:51
day from date of discovery of the fact and within01:18:53
two working days from the date of signing it is01:18:55
also sent to01:18:57
the winner; in fact, about the direction, it is01:19:01
not said how this happens, but if it is not01:19:04
said, then we turn to the01:19:05
provisions of civil law01:19:06
on proper notification,01:19:08
well, we send a letter with notification01:19:10
in parallel, of course, you can01:19:13
duplicate the email, but01:19:14
just send it by email,01:19:16
this is an inappropriate phenomenon and,01:19:18
accordingly, this is a certain risk, that01:19:20
is, there is also a letter, we notify that in01:19:24
this protocol you need to indicate information01:19:25
about the identification number of the application for this01:19:29
winners, now we will01:19:31
not enter the name before the identifier,01:19:34
then the fact that is the basis01:19:37
for refusal, that is, why, which of these01:19:39
from all of the above was01:19:41
the reason and the details of the documents01:19:44
confirming the legality of the01:19:47
decision to refuse, but the details of the01:19:49
documents will only be here01:19:50
when they actually exist for you, if for01:19:54
example he is in the RNP val, then01:19:58
well, as if there are no special documents, there is no01:20:01
market are open, yes, yes, please,01:20:04
everything is publicly available,01:20:07
of course, you can’t make a screenshot or01:20:09
upload a certificate there and attach it, well,01:20:12
in general, in this case it wo01:20:13
n’t be necessary, but documents here in01:20:16
general can take place when we01:20:18
prove the unreliability of the information, yes, that01:20:22
is we found out that this is that the01:20:24
information is unreliable, then as01:20:26
we found out, this information is01:20:28
attached, respectively, if the01:20:30
contract was terminated with this person, then01:20:33
we can transfer the contract to person01:20:36
number two and, accordingly, conclude a01:20:39
contract with him in the same manner as was01:20:41
provided for concluding a contract with01:20:43
the winner, if he also turns out to be01:20:46
somehow different, then you can01:20:47
move on from third to third, and so01:20:50
on, and about and so on, here01:20:52
there is also one nuance, but because01:20:57
the focus has also shifted and the rules that regulated01:21:00
there before the contract01:21:04
can be transferred It may not be very obvious, but in01:21:06
article 43 there is now a feature,01:21:08
using an example, I’ll tell him to understand it, but01:21:11
let’s say there are 5 procurement participants in total up to 5,01:21:14
so they won back the standings01:21:15
first place 2 301:21:18
it is logical that the contract goes first 1 if the01:21:22
first one evaded there or the first ones does not01:21:25
correspond refused to conclude a01:21:27
contract then you have01:21:29
the right to go to the second customer has the01:21:33
right right 2 could refuse earlier now it01:21:39
cannot seem 2 that is, he is obliged to01:21:41
conclude if an order came to him if01:21:43
2 refused then he follows the first01:21:46
there freedom and then the customer has the right01:21:48
think and tag the third if the customer01:21:51
says yes, I want to contact the third,01:21:53
the customer turns to the third and the third01:21:56
also cannot refuse, and if he does01:22:00
not sign, he follows these two01:22:03
in the RNP and what happens next if01:22:06
the customer wants to contact the fourth,01:22:09
he can contact to the fourth and 401:22:11
will also be obliged to sign or also01:22:13
follows this, but but 1 2 3 places01:22:18
do not have the option to submit an application after the01:22:20
protocol and top ones, and for the fourth and01:22:22
lower places they have the right to refuse to01:22:26
conclude a contract, well, they01:22:29
cannot refuse, there is only one way to01:22:31
withdraw the application01:22:32
but if they have not withdrawn the application, then01:22:36
they are waiting for something else, and then if the application has01:22:39
not been withdrawn, they are also obliged to01:22:42
sign the contract,01:22:46
but the customer has all these cases of01:22:50
sending the second and subsequent draft contract to the second and subsequent01:22:52
draft of the contract, this is a right,01:22:55
but if this right was exercised by01:22:58
the customer, this corresponds to the01:22:59
obligation to01:23:01
sign contract01:23:04
this is such an innovation after optimization01:23:08
amendments01:23:09
this teaches us01:23:12
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