Lika Syukiyaynen

Requirements to the Participants of Public Рrocurements: Legal Amendments

2015. No. 2. P. 103–111 [issue contents]
This article examines the rationale of the new requirements to the participants of public procurements under the Federal Law On the Contractual System in the Procurement of Goods, Works and Services for State and Municipal Needs dated April 5, 2013 No. 44-FZ. Comparison with earlier existing requirements established by the Federal Law On Placing Procurement Contracts on Goods, Works and Services for State and Municipal Needs dated July 21, 2005 No. 94-FZ was carried out. Federal Law No. 44-FZ established obligatory and additional requirements. Each new obligatory requirement to participants was separately analyzed. The author examined the viability of the requirements. Judicial andadministrative practice concerning obligatory and additional requirements has been taken into account.The paper revealed that additional requirements were ruled invalid if they were not necessary and did not influence legal relations. However, the absence of obligatory requirements to tender documentation is illegal. The analysis of new requirements to the participants in light of the introduction to the Russian Federation Labor Code Article 19.1 was carried out. As per Article 19.1 of the Russian Federation Labor Code the formal ban on making civil law contracts by employers who are involved in labor relations with performers. New articles of the Code of Administrative Offences of the Russian Federation were analyzed,especially Articles 5.27 part 2 and 5.27 part 4, which came into force as of January 1, 2015. Risks and consequences for participants in case of discrepancy to requirements were specified. The author makes the following conclusions: establishment of new requirements to participants of public procurements are not always reasonable, especially considering the fact that public authorities have more powers in the sphere of the termination of the contract with the supplier due to the non-compliance with requirements. Some requirements need more accurate legislative wording as the efficient practice of the implementation remains inconsistent.
Citation: Syukiyaynen L. (2015) Trebovaniya k uchastnikam zakupok dlya obespecheniya gosudarstvennykh i munitsipal'nykh nuzhd: zakonodatel'nye novelly [Requirements to the Participants of Public Рrocurements:Legal Amendments]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 103-111 (in Russian)
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