When starting a conversation about planning the customer’s activities in the field of procurement to meet state and municipal needs, first of all it should be noted that the very process of planning the procurement of goods, works, services by state and municipal customers is determined by the fundamental goals and principles Federal Law No. 44. Therefore, planning is aimed primarily at increasing the efficiency of use of financial resources and the effectiveness of procurement, ensuring openness and transparency of procurement, as well as preventing corruption and other abuses in the field of procurement to meet state and municipal needs.

From the beginning of the entry into force of Federal Law No. 44, that is, from January 1, 2014, to the present, when planning their procurement activities within the framework of the law on the contract system, customers are responsible for the formation of a single document reflecting the customer’s needs for goods, works, services, and also containing the expected timing of procurement. We are talking about a schedule.

However, as is known, from January 1, 2016. the procedure comes into force two-stage planning, which is mentioned in Part 1 of Art. 16 Federal Law No. 44. Two-stage planning represents the formation, approval and maintenance by customers of two documents mandatory for the implementation of procurement activities: in addition to the schedule, customers will have to form, approve and post within the established time frame another document - the procurement plan.

Procurement plans

We remind you that Art. 16 “Procurement planning” and art. 17 “Procurement Plans” of Federal Law No. 44 come into force from January 1, 2016. In this case, procurement plans must be formed for a period corresponding to the validity period of the federal law (municipal legal act) on the relevant budget for the next financial year and planning period taking into account the provisions of the budget legislation of the Russian Federation (Part 4 of Article 17 of Federal Law No. 44). Let's look at this in more detail.

Customers should begin work on developing draft procurement plans as early as mid-2016. Due to the fact that the procurement plan, as already noted, according to budget legislation must be drawn up for a period of three years, it must reflect information about all purchases that the customer expects to make from 2017 to 2019 inclusive.

Thus, the first procurement plans for a three-year period should be developed and approved by customers as early as 2016.

Many customers are concerned about the fact that it is quite difficult to objectively predict the needs for goods (works, services) to meet their needs for a period of 3 years. On the one hand, this is true. However, we should not forget that if there is a justified need, the customer has the right to make changes to the already approved and posted procurement plan. Moreover, the grounds for making such changes are contained in the document defining the procedure for maintaining the procurement plan.

Requirements for the formation, approval and maintenance of procurement plans are approved by Decree of the Government of the Russian Federation of November 21, 2013 No. 1043 “On the requirements for the formation, approval and maintenance of procurement plans for goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs, as well as requirements to the form of procurement plans for goods, works, services” (hereinafter referred to as Resolution No. 1043).

Thus, clause “a” part 4 of the Requirements for the formation, approval and maintenance of procurement plans approved by Resolution No. 1043, it is established that state and municipal customers within the time limits established by the main managers of budget funds of the constituent entity of the Russian Federation (local budget), but no later deadlines established by the highest executive bodies of state power of the constituent entities of the Russian Federation (local administrations), formulate procurement plans and submit them no later than July 1 of the current year the main managers of budget funds of a constituent entity of the Russian Federation (no later than August 1- the main managers of local budget funds) to formulate on their basis, in accordance with the budgetary legislation of the Russian Federation, justifications for budgetary allocations for procurement.

Similar, but slightly different requirements from the specified deadlines are established for budgetary and autonomous institutions of the constituent entities of the Russian Federation (municipal entities).

Besides, from January 1, 2016 Decree of the Government of the Russian Federation dated June 5, 2015 No. 552 “On approval of the Rules for the formation, approval and maintenance of a procurement plan for goods, works, services to meet federal needs, as well as requirements for the form of a procurement plan for goods, works, services to meet federal needs” comes into force needs" (hereinafter referred to as Resolution No. 552).

Resolution No. 552 approved:

- Rules for the formation, approval and maintenance of a procurement plan goods, works, services to meet federal needs;

- requirements for the form of the procurement plan goods, works, services to meet federal needs.

Thus, from January 1, 2016 formation, approval and maintenance of a procurement plan - duty customer, stipulated by law.

Schedules

As for the order in which the customer works on schedule, we note the following.

The procedure for maintaining schedules is regulated by Article 21 of Federal Law No. 44, which comes into force from January 1, 2016(except for Part 11, which comes into force on January 1, 2017).

So, first of all, the customer needs to know that the schedule contains a list of goods, works, services expected to be purchased to meet state and municipal needs, and is formed for the financial year in accordance with procurement plans.

In accordance with Part 2 of Art. 112 Federal Law No. 44, the procedure and features of placement, as well as the form of schedules for 2015 - 2016, are determined:

1) joint Order of the Ministry of Economic Development of Russia and the Federal Treasury No. 761/20n dated December 27, 2011 “On approval of the procedure for posting on the official website schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers and the form of plans - schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers";

2) joint Order of the Ministry of Economic Development of Russia and the Federal Treasury No. 182/7n dated March 31, 2015 “On the features of placement in a unified information system or before the commissioning of the specified system on the official website of the Russian Federation on the Internet information and telecommunications network for posting information on placing orders for the supply of goods, performance of work, provision of services, schedules for placing orders for 2015 and 2016" (hereinafter referred to as Order No. 182/7n), which entered into force on May 23, 2015.

Please note: Order No. 182/7n declared invalid:

Joint order of the Ministry of Economic Development of the Russian Federation and the Federal Treasury dated September 20, 2013 No. 544/18n “On the specifics of posting on the official website of the Russian Federation on the Internet information and telecommunications network for posting information on placing orders for the supply of goods, performance of work, provision of services plans - order placement schedules for 2014 and 2015";

Joint order of the Ministry of Economic Development of the Russian Federation and the Federal Treasury dated August 29, 2014 No. 528/11n “On amendments to the Features of posting on the official website of the Russian Federation on the Internet information and telecommunications network for posting information on placing orders for the supply of goods, performance of work, provision of services for order placement plans for 2014 and 2015, approved by joint order of the Ministry of Economic Development of the Russian Federation and the Federal Treasury dated September 20, 2013 No. 544/18n.”

1. Decree of the Government of the Russian Federation dated 06/05/2015 No. 553 “On approval of the Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of the schedule for the purchase of goods, works, services to meet federal needs" (hereinafter referred to as Resolution No. 553).

Resolution No. 553 approved:

Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs;

Requirements for the form of a schedule for the procurement of goods, works, and services to meet federal needs.

Belov Valery Evgenievich, Candidate of Legal Sciences, Associate Professor of the Department of Civil and Family Law, Moscow State Law University. O.E. Kutafina (MSAL).

The article is devoted to innovations in the legislative regulation of the planning process in the contract system in the field of procurement of goods, works, and services to meet state and municipal needs. Issues closely related to planning are considered: justification of purchases, rationing of purchases, public discussion of purchases. Attention is drawn to the need to expand the planning horizon within the framework of the emerging contract system.

Key words: contract system; procurement of goods, works, services; state and municipal needs; planning.

Planning in contract system

Belov Valery Yevgenyevich, Candidate of Law, Associate Professor of Civil and Family Law Department of Kutafin Moscow State Law University (MSAL).

The article is devoted to novels of legislative regulation of planning process in purchasing system in sphere of goods, works, services procurement for public service. It considers the issues, closely connected to planning: substantiation of procurements, norming of procurements, public hearings of procurements. Attention directed to the necessity of extension of planning horizon under forming purchasing system.

Key words: purchasing system; procurement of goods, works, services; state and municipal requirements; planning.

Particular attention is paid to 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"<1>(hereinafter referred to as the Law on the Contract System), which comes into force on January 1, 2014, focuses on planning issues. In particular, this is reflected in the content of the principle of unity of the contract system in the field of procurement. In Art. 11 of the Law in question, in relation to this principle, speaks of ensuring state and municipal needs through the planning and implementation of procurement, their monitoring, audit and control in the field of procurement.

<1>NW RF. 2013. N 14. Art. 1652.

A separate chapter of the Law under consideration is devoted to issues of procurement planning. It should be noted that in the current Federal Law of July 21, 2005 N 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” (hereinafter referred to as the Law on Placement of Orders)<2>the issues under consideration are only briefly mentioned<3>. In the Law on the Contract System, the issues under consideration regarding planning are set out in a fairly detailed and systematic manner.

<2>NW RF. 2005. N 30 (part 1). Art. 3105.
<3>In accordance with Part 7 of Art. 16 of the Law on Placement of Orders, the procedure for posting on the official website and the form of order placement plans and schedules are established by the federal executive body that carries out normative legal regulation in the field of placing orders, and the federal executive body that carries out law enforcement functions for cash services for the execution of budgets of the budget system of the Russian Federation . On the basis of this norm, Order No. 761 of the Ministry of Economic Development of Russia, No. 20n of the Treasury of Russia dated December 27, 2011 was issued “On approval of the Procedure for posting on the official website schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers and the form of plans - schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers" // Rossiyskaya Gazeta. 2012. 22 Feb.

In accordance with Art. 16 of the Law on the Contract System, procurement planning is carried out through the formation, approval and maintenance by customers of two types of documents:

procurement plans formed for a period corresponding to the validity period of the relevant budget law;

schedules containing a list of purchases of goods, works, services to meet state and municipal needs (for the next financial year).

The Law in question notes that procurement planning is carried out based on the purposes of procurement. The latter, in accordance with this Law, include, among other things, the achievement of goals and implementation of measures provided for:

state programs of the Russian Federation (including federal target programs, other documents of strategic and program-target planning at the federal level);

state programs of the constituent entities of the Russian Federation (including regional target programs, other documents of strategic and program-target planning at the regional level);

municipal programs (Article 13).

Thus, procurement to meet state and municipal needs is considered as a mechanism for implementing various levels of medium-term and long-term programs for the country’s socio-economic development.

Article 17 of the Contract System Law deals with procurement plans. The latter, in particular, should reflect the purposes of the procurement, the name and volume of the purchased goods (works, services), justification for the purchase, information about the mandatory public discussion of the purchase of goods, work or services (if necessary).

Procurement plans can be changed in cases established by the Law, in particular, when the purposes of procurement or the requirements for purchased goods (works, services) change.

The Law on the Contract System stipulates that the procurement plan must be formed by the state or municipal customer when drawing up and reviewing draft relevant budgets and approved within 10 working days after informing the relevant customer of the scope of his rights in monetary terms to accept and (or) fulfill the relevant obligations . The procurement plan of a budgetary institution must be formed last when planning its financial and economic activities and approved within 10 working days after approval of the plan of financial and economic activities of the budgetary institution. The procurement plan is subject to placement in the unified information system within three working days from the date of approval or change of such plan.

The law stipulates that the Government of the Russian Federation must establish a procedure for the formation, approval and maintenance of procurement plans to meet federal needs, requirements for the procedure for the formation, approval and maintenance of procurement plans to meet the needs of a constituent entity of the Russian Federation, municipal needs, as well as requirements for the form of procurement plans and the procedure for placing such plans in a unified information system<4>. The provisions of the Law regarding procurement plans come into force on January 1, 2015.

<4>It should be noted that the Chairman of the Government of the Russian Federation D.A. Medvedev approved the Action Plan for the implementation of Federal Law No. 44 of April 5, 2013 “On the contract system in the field of procurement of goods, works and services to meet state and municipal needs.” In accordance with this document, in 2013 - 2015. 53 resolutions and orders of the Government of the Russian Federation, as well as 14 departmental normative legal acts should be developed and adopted.

As already noted, in addition to procurement plans, procurement plans and schedules will have to be drawn up on the basis of the latter. In Art. 21 of the Law under consideration determines the content of the schedules. They, in particular, must reflect the name and description of the procurement object, additional requirements for procurement participants (if necessary), the method of determining the supplier (contractor, performer) and the corresponding justification.

The schedule must be developed and approved by the customer within 10 working days after he receives the volume of rights in monetary terms to accept and (or) fulfill obligations or approve the financial and economic activity plan.

Appropriate changes must be made to the schedule in the event of changes to the procurement plan, as well as in a number of other cases established by the Law. The latter, in particular, include cases of increase or decrease in the initial (maximum) contract price or the price of a contract concluded with a single supplier (contractor, performer), as well as changes before the start of procurement of the contract execution period, payment procedure or advance amount.

The schedule, as well as changes made to it, are subject to placement in the unified information system within three working days from the date of approval or change of this document.

Provisions of Art. 21 of the Law on the Contract System relating to schedules come into force on January 1, 2015. The only exception is the rule that customers make purchases in accordance with the information included in the schedules in accordance with Part 3 of this article. Purchases not provided for in the schedules cannot be carried out (Part 11, Article 21). These provisions will come into force on January 1, 2016.

As with respect to procurement plans, the Government of the Russian Federation, in relation to procurement at all levels, must establish appropriate requirements for the procedure for the formation, approval and maintenance of schedules, as well as requirements for their form and procedure for placement in a unified information system.

The Contract System Law states that features of procurement planning within the framework of the state defense order are established by Federal Law of December 29, 2012 N 275-FZ “On State Defense Order” (hereinafter referred to as the Law on Defense Order)<5>.

<5>NW RF. 2012. N 53 (part 1). Art. 7600.

In this regard, it should be noted that the defense order is formed on the basis of a number of program documents. The latter, in particular, include military doctrine; plans for the construction and development of the Russian Armed Forces, other troops, military formations and bodies; state weapons program; long-term (federal) target programs in the field of defense and state security. The detailed procedure for the formation of a state defense order is established by Decree of the Government of the Russian Federation of December 5, 2005 N 724 “On the procedure for developing a draft state defense order and its main indicators”<6>. In accordance with the approved Rules, the defense order project is developed in three stages:

<6>NW RF. 2005. N 50. Art. 5310.

1. developing proposals for the main indicators of the defense order and their composition, optimizing the indicators and linking them with the parameters of the country’s long-term financial plan;
2. development of proposals on the main parameters of the defense order - on the nomenclature, volumes of products (works, services) and projected prices for them; formation of a draft of the main indicators of the defense order;
3. formation of a draft defense order and submission to the Government of the Russian Federation.

Planning issues (formation of plans, procurement schedules) are inextricably linked with a number of other issues that are directly reflected in Chapter. 2 of the Law on the Contract System, dedicated to planning in the field of procurement.

Justification for procurement. In Art. 18 of the Law in question notes that the justification of the purchase is carried out by the customer when forming the plan and schedule of purchases and consists in establishing the compliance of the planned purchase with the procurement goals mentioned earlier. When forming a procurement plan, the need to purchase a particular item(s) must be justified, taking into account the actual purpose of the purchase and the requirements for the purchased product, work, or service. In this case, maximum prices for the relevant product (work, service) must be taken into account, and, if necessary, regulatory costs for ensuring the functions of state and municipal bodies, management bodies of state extra-budgetary funds. In other words, we are talking about justifying what is being purchased and what funds are allocated for a particular purchase. The solution to this problem is especially relevant against the backdrop of numerous facts indicating purchases (attempts to purchase) by customers of goods for which there is either no need to purchase at all, or we are talking about unreasonably expensive cars, furniture, etc.

When forming a schedule, the initial (maximum) price of the contract or the price of the contract concluded with a single supplier (contractor, performer), as well as the method of determining the supplier (contractor, performer) and additional requirements for procurement participants are subject to justification.

The law contains a provision that when conducting monitoring, audit or control in the field of procurement, an assessment of the validity of the procurement will have to be carried out, as a result of which the procurement may be recognized as unjustified. The consequences of such recognition will be the issuance of orders to eliminate violations and the bringing of administrative liability to the perpetrators. The procedure for justifying purchases and the form of justification will be established by the Government of the Russian Federation. Thus, from justification of only the initial (maximum) contract price provided for in the current Law on the Placement of Procurement, a transition must be made to justification of the subject of procurement itself, i.e. resolving the issue not only at what price to purchase, but also what exactly should (can) be purchased. The rules under consideration on the justification of procurement will come into force on January 1, 2015.

Inextricably linked with the issue of justification for procurement is the question regulation in the field of procurement. In Art. 19 of the Law on the Contract System, dedicated to this issue, contains a definition of the concept of “rationing”. The latter is understood as “establishing requirements for goods, works, services purchased by the customer (including the maximum price of goods, works, services) and (or) regulatory costs for ensuring the functions of government bodies, management bodies of state extra-budgetary funds, municipal bodies.” The law also deciphers the component of this definition concerning the requirements for goods, works, and services purchased by the customer. This kind of requirements means “requirements for the quantity, quality, consumer properties and other characteristics of goods, works, services, allowing to meet state and municipal needs, but not leading to the purchase of goods, works, services that have excessive consumer properties or are luxury goods in accordance with the legislation of the Russian Federation." It is quite obvious that if we are talking, for example, about the requirements for purchased furniture or a car, then they can and should differ depending on for whom this product is purchased (the head of the administration of a rural settlement or the governor). At the same time, in both the first and second cases there must be certain restrictions regarding the subject of procurement.

The Government of the Russian Federation must establish general rationing rules, including general requirements for the procedure for the development, adoption, content and enforcement of rationing acts, as well as general requirements for certain types of goods, works, services (including maximum prices for them) and (or ) standard costs for providing customer functions.

Based on the above general rules, the relevant executive authorities will establish rationing rules in the field of procurement of goods, works, and services to meet federal needs, the needs of constituent entities of the Russian Federation and municipal needs. Standardization requirements will also be developed for other customers: government, budgetary and autonomous institutions, state and municipal unitary enterprises. Acts on standardization are also subject to placement in a unified information system.

Public discussion of procurement. The issue under consideration is reflected in Decree of the President of the Russian Federation dated May 7, 2012 N 596 “On long-term state economic policy”<7>. This act, in terms of improving budget and tax policies, increasing the efficiency of budget expenditures and public procurement, refers to the implementation of measures to ensure mandatory preliminary public discussion of placed orders for the supply of goods (performance of work, provision of services) for state and municipal needs in the amount of over 1 billion . rub., including the formation of the initial price of contracts. In fact, we are talking about a form of public control in the area under consideration: the taxpayer should not be indifferent to what purposes the relevant funds are spent.

<7>NW RF. 2012. N 19. Art. 2333.

Letter of the Government of the Russian Federation dated August 2, 2012 N AD-P13-4450<8>public discussion of large purchases with an initial (maximum) contract price of over 1 billion rubles is provided. Federal executive authorities must ensure that from August 10, 2012, the provisions of the procedure for public discussion of the procurement of goods (work, services) for state and municipal needs in an amount exceeding 1 billion rubles, prepared by the Ministry of Economic Development of Russia, are applied in their activities. when placing orders for the supply of goods, performance of work, provision of services for federal state needs, as well as the needs of federal state budgetary institutions (hereinafter also referred to as the procedure for public discussion)<9>.

<8>www.economy.gov.ru
<9>www.economy.gov.ru

The executive authorities of the constituent entities of the Russian Federation, in turn, are recommended to organize the application by state and municipal customers from this date in their activities of the provisions prepared by the Ministry of Economic Development of the Russian Federation.

In Art. 20 of the Law on the Contract System states that the Government of the Russian Federation will have to establish cases of mandatory public discussion of procurement and the procedure for such discussion. At the same time, in the regulatory legal acts of the constituent entities of the Russian Federation and municipalities it will be possible to provide for other cases of mandatory public discussion of procurement for regional and municipal needs, respectively, as well as the procedure for mandatory public discussion of procurement in such cases.

The consequence of mandatory public discussion of procurement may be changes to procurement plans, schedules, and procurement documentation. In certain cases, procurement may be canceled altogether. Procurements subject to mandatory public discussion cannot be carried out without such a discussion.

Provisions of Art. 20 of the Law on Mandatory Public Discussion of Procurements should come into force on January 1, 2016. Until that time, the current procedure for public discussion of procurements will be maintained.

In ch. 2 of the Law on the Contract System also contains rules on the initial (maximum) contract price and the price of a contract concluded with a single supplier (contractor, performer) (Article 22). The determination and justification of appropriate prices must be carried out by the customer using the method of comparable market prices (market analysis); normative method; tariff method; design and estimate method; costly method. If it is impossible to use these methods, the customer has the right to use other methods. In this case, it is necessary to include in the justification of the corresponding prices a justification for the impossibility of using the above methods. This article highlights the signs of identical and homogeneous goods (works, services), as well as signs of comparability of commercial and (or) financial conditions for the supply of goods, performance of work, and provision of services.

Federal executive body for regulation of the contract system in the field of procurement<10>Methodological recommendations will be developed on the use of methods for determining the initial (maximum) contract price and the price of a contract concluded with a single supplier (contractor, performer).

<10>In accordance with clause 1 of the Decree of the Government of the Russian Federation of August 26, 2013 N 728 “On determining the powers of federal executive authorities in the field of procurement of goods, works, services to meet state and municipal needs and on introducing amendments to certain acts of the Government of the Russian Federation” (official Internet portal of legal information http://www.pravo.gov.ru) The Ministry of Economic Development of the Russian Federation is designated as the federal executive body for regulating the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

Article 23 of the Law on the Contract System is devoted to the procurement identification code and catalog of goods, works, and services to meet state and municipal needs. The procedure for generating a procurement identification code will be established by the federal executive body regulating the contract system in the field of procurement in agreement with the federal executive body exercising the functions of developing state policy and legal regulation in the field of budgetary, tax, insurance, currency and banking activities.

From January 1, 2017, the name of the procurement object, in cases established by law, will be indicated in accordance with the catalog of goods, works, and services to meet state and municipal needs. The formation and maintenance in a unified information system of a catalog of goods, works, and services to meet state and municipal needs will be ensured by the federal executive body regulating the contract system in the field of procurement. The Government of the Russian Federation will have to establish the procedure for creating and maintaining the specified catalog in a unified information system, as well as the rules for its use.

It is necessary to pay attention to the planning periods in the contract system, which allow us to talk only about short-term planning. At the same time, a number of program documents note the need to transition not only to medium-term, but also to long-term planning (forecasting) within the framework of the emerging contract system. Thus, issues related to the formation of the contract system in Russia (including in terms of planning and forecasting) were raised in the Address of the President of Russia to the Federal Assembly of the Russian Federation dated November 30, 2010.<11>. This policy document, in particular, speaks of the need to determine for the next three years forecast plans for the purchase of the latest equipment, medicines, and other high-tech products from the state and large state-owned companies. According to the document under consideration, in the future it is planned to expand the forecasting horizon to 5 - 7 years, i.e. We are talking about the transition to medium-term planning (forecasting) in the area under consideration.

In the Strategy for Innovative Development of the Russian Federation for the period until 2020, approved by Decree of the Government of the Russian Federation of December 8, 2011 N 2227-r<12>(hereinafter referred to as the Innovative Development Strategy), Section 3 is devoted to the issues of forming a contract system. VIII "Innovative State". In accordance with this policy document, it is assumed that the contract system will allow for medium- and long-term planning of public procurement and inform the business sector about the projected need for innovative products that will be in demand within the framework of a promising government order. Particularly highlighted is the area related to the formation of forecasts (for 5 - 7 years) and public procurement plans, including an innovation component.

<12>NW RF. 2012. N 1. Art. 216.

In the meantime, according to the provisions of the Law under consideration, planning in the field of procurement of goods, works, and services to meet state and municipal needs will be short-term in nature, not extending beyond a three-year period.

In conclusion, the following should be noted.

The adoption of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" is an important stage in the further development of legal regulation of relations in this area, including in terms of planning and related issues of justification and regulation of procurement , their public discussion, etc. In the future, we should talk about the transition from short-term to medium-term and long-term planning within the framework of the emerging contract system.

According to Part 1 of Art. 16 of Law No. 44-FZ, from January 1, 2015, procurement planning is carried out based on the purposes of procurement through the formation, approval and maintenance of:

• procurement plans;
• plans and schedules.

Differences between procurement plans and schedules.
The procurement plan is a list of purchases as such or, relatively speaking, a list of needs (state, municipal, budgetary institutions) that must be satisfied, and information about the funds allocated to provide them. It is the very need for procurement and the expected volumes of financing that can become the subject of public discussion, as a result of which the procurement plan can be changed.

The schedule is a list of activities for the implementation of the procurement plan, containing more detailed information about the conditions for implementing the procedures for identifying counterparties. In this case, procurement plans are formed for a period corresponding to the validity period of the law (municipal legal act) on the corresponding budget for the next financial year and planning period (Part 4 of Article 17 of Law No. 44-FZ). And the schedule is formed only for the financial year (Part 1, 10, Article 21 of Law No. 44-FZ).

Contents of the procurement plan (Part 2 of Article 17 of Law No. 44-FZ)	Contents of the schedule (Part 3 of Article 21 of Law No. 44-FZ)
	1) procurement identification code;
2) the purpose of the procurement;	2) name and description of the procurement object indicating the characteristics of such object, quantity of goods supplied, volume of work performed, services provided, planned terms, frequency of delivery of goods, performance of work or provision of services, initial (maximum) price of the contract, the price of the contract concluded with a single counterparty, justification for the purchase, the amount of the advance (if advance payment is provided), stages of payment (if the execution of the contract and its payment are provided in stages);
3) name of the object and (or) names of procurement objects and description of such object and (or) procurement objects, as well as the volume of goods, work or services purchased;	3) additional requirements for procurement participants (if there are such requirements) and justification for such requirements;
4) the amount of financial support for the procurement;	4) the method for determining the supplier (contractor, performer) and the rationale for choosing this method;
5) timing (frequency) of planned purchases;	5) purchase start date;
6) justification for the purchase;	6) information on the amount of security provided for the corresponding application of the procurement participant and security for the execution of the contract;
7) information on the procurement of goods, works, services, which, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, can only be supplied, performed, provided by contractors with the required level of qualifications, and are also intended for scientific research , experiments, research, design work (including architectural and construction design);	7) information on the application of what is specified in Part 3 of Art. 32 of Law No. 44-FZ of the criterion for the cost of the life cycle of a product or an object created as a result of performing work (if the specified criterion is applied) when determining the counterparty;
8) information about mandatory public discussion of the purchase of goods, work or services in accordance with Art. 20 of Law No. 44-FZ.	8) information on banking support of the contract in cases established in accordance with Art. 35 of Law No. 44-FZ.

The procedure for the formation, approval and maintenance of procurement plans, procurement plans and schedules are defined in Part. 3, 5 tbsp. 17, h.h. 4-7 tbsp. 21 Law No. 44-FZ.

Let us remind you that the requirements for drawing up procurement plans, schedules in the new form and justification for purchases come into force only from January 1, 2015 (Part 2 of Article 114 of Law No. 44-FZ).

Hello, dear colleague! As you know, procurement planning in accordance with Article 16 of 44-FZ provides for the formation of a procurement plan for a three-year period and for one year. Moreover, these two documents must be generated and used in work simultaneously. Those. in 2016, customers will begin to prepare these documents for the period 2017-2019. In this article we will talk in detail about procurement plans. Let's figure out what they are, what information they contain, as well as where and by whom they are placed. The material in the article will be useful to both customers and procurement participants.

1. What is a procurement plan?

Procurement plan - this is a document containing a list of needs (goods, works, services) that the state (municipal) customer needs, as well as information about the funds allocated to meet these needs.

General requirements for procurement plans are established by Article 17 44-FZ.

The procurement plan is drawn up by the customer for 3 years (clause 4 of Article 17 of 44-FZ). If the procurement period exceeds three years, the information is entered into the procurement plan (hereinafter referred to as the PP) for the entire procurement period. The first customer proposals should be formed for the period 2017-2019.

The requirements for the PP form and the procedure for placing such plans in are established by the Government of the Russian Federation. The Government of the Russian Federation also establishes:

• the procedure for the formation, approval and maintenance of PP to meet federal needs;
• requirements for the procedure for the formation, approval and maintenance of PP in the constituent entities of the Russian Federation and municipalities (Note: These requirements were approved by Decree of the Government of the Russian Federation of November 21, 2013 No. 1043 “On the requirements for the formation, approval and maintenance of procurement plans for goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs, as well as requirements for the form of procurement plans for goods, works , services")

2. What information should be contained in the procurement plan?

According to Part 2 of Article 17 of 44-FZ, the PP must contain the following information:

1. purchase identification code (Note: This code is generated using the budget classification code defined in accordance with the budget legislation of the Russian Federation, codes of all-Russian classifiers, a catalog of goods, works, services to meet state and municipal needs and may include other information);

2. purpose of the purchase;

3. name of the object and (or) names of the procurement objects;

4. the amount of financial support for the purchase;

5. timing (frequency) of planned purchases;

6. justification for the purchase (Note: The justification for the purchase is to establish compliance of the planned purchase with the purposes of the procurement, as well as with the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement. The justification for the purchase is an annex to the procurement plan. The rules for justification, as well as the forms of justification for procurement, are determined by the Decree of the Government of the Russian Federation of June 5, 2015 No. 555 “On establishing the procedure for justification of purchases of goods, works and services to meet state and municipal needs and the forms of such justification”);

7. information on the procurement of goods, works, services, which, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, can only be supplied, performed, provided by suppliers (contractors, performers) with the required level of qualifications, as well as intended for scientific research, experiments, surveys, design work (including architectural and construction design);

8. information about mandatory public discussion of the procurement of goods, work or services;

9. additional information provided for inclusion in the PP by the Government of the Russian Federation, the highest executive bodies of state power of the constituent entities of the Russian Federation, and local administrations.

Note: You can make a procurement plan automatically in the program.

3. Procurement plan form

Regulatory legal regulation of procurement planning is carried out according to the levels of budget financing. Those. the form, procedure for the formation, approval, placement of PP are established for customers of each level of budget funding, respectively:

• for a federal customer (the Government of the Russian Federation);
• for customers at the level of a constituent entity of the Russian Federation (the highest executive bodies of state power of the constituent entities of the Russian Federation);
• for municipal customers (local administrations).

Thus, when preparing a PP, federal-level customers must be guided by Decree of the Government of the Russian Federation of June 5, 2015 No. 552 “On approval of the Rules for the formation, approval and maintenance of a procurement plan for goods, works, services to meet federal needs, as well as requirements for the form of the plan procurement of goods, works, services to meet federal needs.”

(xls, 39 KB).

And for customers at the level of a constituent entity of the Russian Federation and municipal customers, it is necessary to be guided byDecree of the Government of the Russian Federation of November 21, 2013 No. 1043 “On the requirements for the formation, approval and maintenance of procurement plans for goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs, as well as requirements for the form of procurement plans for goods, works, services” , as well as the procedure for maintaining PP, approved by the subject of the Russian Federation (local administration).

Those. Subjects of the Russian Federation and municipalities establish the procedure for the formation, approval and maintenance of PP at their level, taking into account the requirementsResolution No. 1043, and have the ability to adjust the following parameters:

• timing of the formation of the PP;
• reasons for making changes to the PP (in addition to those provided by the Government of the Russian Federation);
• additional information included in the PP forms.

(xls, 39 KB).

The procurement plan is being formedstate or municipal customer In accordance with the requirements of Art. 17 44-FZ in the process of drawing up and reviewing draft budgets of the budget system of the Russian Federation, taking into account the provisions of the budget legislation of the Russian Federation and is approvedwithin 10 working days after informing the state or municipal customer of the scope of rights in monetary terms to accept and (or) fulfill obligations in accordance with the budget legislation of the Russian Federation (Part 7 of Article 17 of 44-FZ).

The procurement plan is being formedbudgetary institution In accordance with the requirements of Art. 17 44-FZ when planning the financial and economic activities of a budgetary institution and is approvedwithin 10 working days after approval of the plan for the financial and economic activities of a budgetary institution (Part 8 of Article 17 of 44-FZ).

4. Amendments to procurement plans

According to Part 6 of Art. 17 44-FZ PZ are subject to change if necessary:

1) bringing them into line in connection with changes in procurement goals and requirements for goods, works, services purchased by customers (including the maximum price of goods, works, services) and (or) regulatory costs for ensuring the functions of government bodies, government bodies off-budget funds, municipal authorities;

2) bringing them into line with changes made to the federal budget (budgets of constituent entities of the Russian Federation, local budgets) for the current financial year and planning period;

3) implementation of federal laws, decisions, instructions, instructions of the President of the Russian Federation, decisions, instructions of the Government of the Russian Federation, laws of the constituent entities of the Russian Federation, decisions, instructions of the highest executive bodies of state power of the constituent entities of the Russian Federation, municipal legal acts that are adopted (given) after the approval of procurement plans and not lead to a change in the volume of budget allocations approved by law or budget decision;

4) implementation of the decision made by the customer based on the results of the mandatory public discussion of the procurement;

5) use, in accordance with the legislation of the Russian Federation, of savings obtained during the procurement;

6) in other cases established by the procedure for the formation, approval and maintenance of procurement plans.

5. Publication of the procurement plan

The approved PP is subject to placement within 3 working days from the date of approval or change of such a plan, with the exception of information constituting a state secret (Part 9 of Article 17 of 44-FZ).

Also, customers have the right to post the PP on their websites on the Internet (if available), as well as publish it in any printed publications (Part 10, Article 17 of 44-FZ).

This video explains how to draw up a procurement plan and procurement schedule for 2016:

So we have looked at what procurement plans are under 44-FZ. I hope that this information was necessary and useful for you. See you in the next issues.

P.S.: Like and share links to the article with your friends and colleagues on social networks.

Procurement planning (maintaining procurement plans and schedules). Justification for procurement. Public discussion of procurement

Procurement planning. The regulatory legal acts governing procurement planning, in addition to the Procurement Law (Articles 17, 21), include:

• Decree of the Government of the Russian Federation dated 06/05/2015 No. 552 “On approval of the Rules for the formation, approval and maintenance of a plan for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a plan for the procurement of goods, works, services to meet federal needs”;
• Decree of the Government of the Russian Federation dated November 21, 2013 No. 1043 “On the requirements for the formation, approval and maintenance of procurement plans for goods, works, services to meet the needs of a constituent entity of the Russian Federation and municipal needs, as well as requirements for the form of procurement plans for goods, works, services”;
• Decree of the Government of the Russian Federation dated 06/05/2015 No. 553 “On approval of the Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a schedule for the purchase of goods, works, services to meet federal needs ";
• Decree of the Government of the Russian Federation dated June 00, 2015 No. 554 “On the requirements for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs, as well as on the requirements for the form of the schedule for the purchase of goods, works , services";
• Decree of the Government of the Russian Federation dated November 29, 2015 No. 1168 “On approval of the Rules for posting in the unified information system in the field of procurement plans for the procurement of goods, works, services to meet state and municipal needs, schedules for the purchase of goods, works, services to meet state and municipal needs "

Procurement planning is carried out through the formation, approval and maintenance of procurement plans and schedules.

Procurement plans are formed for a period corresponding to the validity period of the approved budget for the next financial year and the planning period of the corresponding public legal entity or state extra-budgetary fund.

The procurement plan is formed by the state or municipal customer in the process of drawing up and reviewing draft budgets of the budget system of the Russian Federation.

The procurement plan includes the following information:

• 2) the purpose of the procurement (name of the event of the state program of the Russian Federation or non-program activities (functions, powers); expected result of the implementation of the event of the state program of the Russian Federation);
• 3) name of the object and (or) names of procurement objects;
• 4) the planned year of posting the notice, sending an invitation, concluding a contract with a single supplier (contractor, performer);
• 5) the volume of financial support (separately for the current financial year, for the planning period, for subsequent years);
• 6) timing (frequency) of planned purchases;
• 7) information on the application of additional “qualification” requirements for procurement participants when making procurements;
• 8) information about the public discussion of the procurement (yes or no).

Schedules contain a list of purchases of goods, works, services to meet state and municipal needs for the financial year and are the basis for procurement. Schedules are formed by customers in accordance with procurement plans.

The schedule includes the following information for each purchase:

^purchase identification code;

• 2) name and description of the procurement object, indicating the characteristics of such an object, the quantity of goods supplied, the volume of work performed, services provided, planned terms, frequency of delivery of goods, performance of work or provision of services, initial (maximum) contract price, price of a contract concluded with a single supplier (contractor, performer), justification for the purchase in accordance with Art. 18 of the Procurement Law, the amount of the advance (if advance payment is provided), stages of payment (if the execution of the contract and its payment are stipulated in stages);
• 3) additional requirements for procurement participants (if there are such requirements) and justification for such requirements;
• 4) the method for determining the supplier (contractor, performer) and the rationale for choosing this method;
• 5) purchase start date;
• 6) information on the amount of security provided for the corresponding application of the procurement participant and security for the execution of the contract;
• 7) information on the application of the criterion of the cost of the life cycle of a product or an object created as a result of performing work (if the specified criterion is applied) when determining the supplier (contractor, performer);
• 8) information about banking support of the contract;
• 9) information on providing advantages to institutions and enterprises of the penal system in procurement or organizations of disabled people in procurement;
• 10) procurement only among small businesses and socially oriented non-profit organizations (yes or no);
• 11) application of national treatment when making procurement;
• 12) information about the public discussion of the procurement.

The procurement plan and schedule are subject to approval by the customer in one

and the same period - within 10 working days after receiving the volume of rights in monetary terms to accept and (or) fulfill obligations (limits of budgetary obligations) or approve the financial plan.

The approved procurement plan and schedule are subject to placement in the unified information system within three working days from the date of approval or change of such plan.

As can be seen from the previous description, the procurement plan and schedule are similar documents. Ideologically, the procurement plan should be a higher-level document that provides a forecast of the needs that the customer needs for the budget planning period. In fact, this document is needed for preparing budget projections for drawing up a draft budget in terms of expenses for state (municipal) purchases of the corresponding recipients of budget funds. Formally, the procurement plan is approved after the budget is approved, but in fact, it is the data from the procurement plan that forms the basis for budget planning.

A schedule is a technical document that provides not for general needs, but for specific purchases, their timing and other parameters (purchase method, amount of collateral, etc.). If the procurement plan may plan to satisfy a general need (for example, supplying the customer’s offices with stationery and office paper throughout the entire period of budget planning), then the schedule provides for the purchase of a specific lot (Table 2.2).

Table 2.2

The main differences between a procurement plan and a schedule

Comparison options	Procurement plan	Schedule
Planning horizon	Budget duration	One fiscal year
Planning unit	Procurement items without obligatory reference to a specific lot	Specific purchase (lot)
Basis of planning		Procurement plan
Financial planning method	The maximum amount of financial support is determined	The initial (maximum) price of a specific contract is determined
Planning specific procurement characteristics (method of determining the supplier, contractor, performer, amount of application security, etc.)

Thus, the procurement plan, by its nature, is more of a document of “strategic” procurement planning, and the schedule is a document of “tactical” planning of procurement activities.

Meanwhile, at present, when the rules on procurement planning came into full force only on January 1, 2016 and the practice of procurement planning is just beginning to develop, the ideology of the legislator’s approach to regulating procurement planning described above is not fully implemented. Until now, the procurement planning horizon within the procurement plan and schedule is the same. In the absence of clear methodological recommendations and established good practices for planning procurement and monitoring its compliance, the procurement plan and schedule turn into duplicate documents.

Changes must be made to the procurement plan and schedule in a timely manner. On January 1, 2017, a rule came into force according to which purchases not provided for in the schedules cannot be carried out.

The Code of Administrative Offenses of the Russian Federation in 2016 was supplemented with administrative offenses in the field of procurement planning. If previously strict compliance between the procurement plan (schedule) and the actual procurements carried out was not monitored by regulatory authorities, now special responsibility has been established for placing a notice of procurement in the unified information system in the field of procurement or sending an invitation to take part in determining the supplier (contractor, contractor) earlier than ten calendar days from the date of amendments to the schedule in relation to such a purchase or in the event that information about such a purchase is not included in the schedule at all.

Justification for procurement. The justification for the purchase is carried out by the customer when forming a procurement plan and schedule.

When forming a procurement plan, the object and (or) procurement objects are subject to justification based on the need to achieve the specific purpose of the procurement, determined taking into account the provisions of Art. 13 of the Procurement Law.

When forming a schedule, the following must be justified:

• initial (maximum) contract price;
• method of determining the supplier (contractor, performer);
• additional requirements for procurement participants.

Based on the results of an audit in the field of procurement (carried out by the Accounting Office of the Russian Federation,

control and accounting bodies of the constituent entities of the Russian Federation, control and accounting bodies of municipalities) and control in the field of procurement, a specific purchase may be recognized as unfounded.

Decree of the Government of the Russian Federation dated June 5, 2015 No. 555 “On establishing the procedure for justifying the purchase of goods, works and services to meet state and municipal needs and the forms of such justification” details the subject of justification of purchases at the appropriate stage (when drawing up a procurement plan and schedule). Information on the subject of justification and the composition of information indicated in procurement planning documents is indicated in table. 2.3.

Table 23

Composition of information indicated in the procurement plan and schedule

Information type	drawing up a procurement plan	drawing up a schedule
Purchase identification code
Name of the object and (or) procurement objects
Justification of the object and (or) procurement objects
Name of the state program or program of a constituent entity of the Russian Federation, municipal program (including target program, departmental target program, other strategic and program-target planning document) if the purchase is planned within the framework of the specified program
The name of the event of a state program or a program of a constituent entity of the Russian Federation, a municipal program (including a target program, a departmental target program, another document of strategic and program-target planning), the name of the function, the powers of a government body, a management body of a state extra-budgetary fund, a municipal body and (or ) name of the international treaty of the Russian Federation

End of table. 23

Information type	drawing up a procurement plan	drawing up a schedule
Justification of compliance of the object and (or) procurement objects with the measures of the state (municipal) program, functions, powers and (or) international treaty of the Russian Federation
Full name, date of adoption and number approved in accordance with Art. 19 of the Law on procurement of regulatory legal (legal) acts establishing requirements for certain types of goods, works and services (including maximum prices for goods, works and services) and (or) for determining standard costs for ensuring the functions, powers of government bodies, bodies management of state extra-budgetary funds, municipal bodies, including government institutions subordinate to these bodies, or an indication of the absence of such an act for the relevant object and (or) relevant procurement objects
Initial (maximum) contract price, contract price concluded with a single supplier (contractor, contractor)
Name of the method for determining and justifying the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer)
Justification for the impossibility of using the methods specified in Part 1 of Art. 22 of the Procurement Law, as well as justification for the method of determining and justifying the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer), not provided for in Part 1 of Art. 22 of the Procurement Law
Justification of the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer) in the manner established by Art. 22 of the Procurement Law
Method for determining the supplier (contractor, performer)
Justification of the chosen method of determining the supplier (contractor, performer)
Justification of additional requirements for procurement participants (if any such requirements exist)

In relation to purchases carried out in accordance with and. 4, 5, 26 and 33 hours 1 tbsp. 93 of the Procurement Law (“small” purchases with a single supplier, sending employees on business trips, providing teaching services, as well as tour guide services by individuals) the annual volume of these purchases is subject to justification. More details about this are indicated in paragraph 3.16 of the textbook.

Based on the results of the procurement justification, special forms are filled out:

• separately justifying the purchase of goods, works and services to meet state and municipal needs when forming and approving a procurement plan;
• and separately justification for the procurement of goods, works and services to meet state and municipal needs when forming and approving the procurement plan.

Forms for justifying the purchase of goods, works and services to meet state and municipal needs must be placed in a unified information system in the form of annexes to the schedule (procurement plan).

Public discussion of procurement. In accordance with Art. 20 of the Procurement Law, the Government of the Russian Federation establishes cases of mandatory public discussion of procurement and its procedure. Such a discussion begins from the date of placement in the Unified Information System of procurement plans containing information on procurements subject to mandatory public discussion, and ends no later than the period before the expiration of which the determination of the supplier (contractor, performer) can be canceled by the customer. Procurements that are subject to mandatory public discussion cannot be carried out without such a discussion.

The rules for conducting mandatory public discussion of the procurement of goods, works, and services to meet state and municipal needs were approved by Decree of the Government of the Russian Federation dated August 22, 2016 No. 835. In accordance with them, mandatory public discussion is held in case of procurement at the initial (maximum) contract price of more than 1 billion rubles, using competitive methods for identifying suppliers (contractors, performers), with the exception of procurement cases:

• a) using closed methods for identifying suppliers (contractors, performers);
• b) within the framework of the state defense order;
• c) by holding a repeat competition, electronic auction in some cases;
• d) by requesting quotations for the purpose of providing humanitarian assistance or eliminating the consequences of natural or man-made emergencies.

Public discussion of procurement is carried out in two stages.

The first stage begins from the date of placement in the Unified Information System of a procurement plan containing information on procurements subject to mandatory public discussion. The period for discussion at the first stage should be at least 20 days.

As part of the first stage, an online discussion is held in the Unified Information System in the section “Mandatory public discussion of procurement” and in-person public hearings. Registered users can leave comments, suggestions and remarks in online discussions. All comments are moderated to prevent users from using profanity. Comments must be responded to by the customer within two days from the date of their posting.

No later than 10 days after the end of the online discussion period, the customer must hold in-person public hearings to discuss information about a procurement or several procurements.

Information about the date, time and place of in-person public hearings is posted in the “Mandatory public discussion of procurement” section of the official EIS website.

In-person public hearings are open. The customer cannot restrict anyone’s right to take part in the discussion. When conducting in-person public hearings, a person makes an audio recording.

Based on the results of the first stage of mandatory public discussion, one of the following decisions is made:

• cancellation of the procurement;
• continuation of preparations for procurement without taking into account the results of mandatory public discussion;
• continuation of preparations for the procurement, taking into account the results of the mandatory public discussion, including the introduction of appropriate changes to the procurement plan (schedule).

Within two days after the in-person public hearing, the customer places in the Unified Information System the protocol of the first stage of the mandatory public discussion, which must contain all received comments, proposals and responses to them within this stage (including online discussion and discussion of procurement information during in-person public hearings), as well as the decision made based on the results of the first stage of public discussion of the procurement. This protocol is automatically sent by means of the EIS to the Federal Treasury of Russia for the purpose of supervision in the financial and budgetary sphere.

The second stage of mandatory public discussion consists of an online discussion in the “Mandatory Public Discussion of Procurement” section of the official website of the UIS of procurement information included in the notice of procurement and procurement documentation, and begins from the date of posting such a notice and such documentation in the UIS.

Mandatory public discussion at the second stage ends three days before the date, no later than which the determination of the supplier (contractor, performer) can be canceled.

Participants in the mandatory public discussion leave comments and suggestions regarding the compliance of procurement documentation with the requirements of the legislation of the Russian Federation and other regulatory legal acts, including the contract system in the field of procurement.

The customer, as in the first stage, prepares responses to relevant comments and suggestions within two days.

Based on the results of the second stage of mandatory public discussion, one of the following decisions is made:

• on the cancellation of the determination of the supplier (contractor, performer);
• on the continuation of the procurement without making changes to the notice of procurement, procurement documentation;
• continuation of the procurement with amendments to the notice of procurement, procurement documentation.

After the end of the second stage of the mandatory public discussion, the customer places in the Unified Information System the protocol of the second stage of the mandatory public discussion, which must contain all comments, proposals and responses received during this stage, as well as the decision made by the customer based on the results of the public discussion.

The protocol of the second stage of mandatory public discussion is automatically sent to the Federal Antimonopoly Service of Russia using the Unified Information System.