Share of purchases made from sms sonco. On the approval of methodological recommendations on the procurement of goods, works, services to meet state needs from small businesses, socially oriented non-profit organizations

17.03.2017

speaker: Tatiana Leontyeva

The report form is contained in the Decree of the Government of the Russian Federation of March 17, 2015 N 238 "On the procedure for preparing a report on the volume of purchases from small businesses and socially oriented non-profit organizations, its placement in a single information system and amending the Regulation on the Interdepartmental Selection Commission investment projects, Russian credit institutions and international financial institutions to participate in the Program for the Support of Investment Projects Implemented in the Territory Russian Federation based on project financing ”.

The procedure for procurement from SMP and SONKO

Customers under 44-FZ are obliged to make purchases from SMEs, socially oriented non-profit organizations in the amount of at least 15% of the total annual procurement volume, calculated taking into account part 1.1 of Art. 30 of Law No. 44-FZ.

Only those purchases that are carried out through competitive procedures are considered:

• Contests
• Electronic auctions
• Quote requests
• Request for proposals

At the same time, the initial (maximum) contract price should not exceed 20 million rubles.

Criteria for referring to the NSR

In order to competently conduct such purchases, it is necessary to understand which companies belong to small businesses. New criteria for referring to the NSR are established by law dated June 29, 20145 No. 156-FZ. So, such companies must simultaneously meet the following conditions:

1. The amount of proceeds for the previous year from the sale of goods, works or services (excluding VAT) does not exceed RUB 800 million (RF Resolution No. 702 dated July 13, 2015).
2. The average number of employees is no more than 100 people.
3. Share of third-party organizations in authorized capital companies no more than 49 percent.

SONKO's assignment criteria

The definition of a socially oriented non-profit organization is spelled out in clause 2.1, part 2 of Art. 2 of Law No. 7-FZ "On Non-Commercial Organizations":

SONO- is not commercial organizations created in the forms prescribed by law (with the exception of state corporations, state-owned companies, public associations political parties) and carrying out activities aimed at solving social problems, the development of civil society in the Russian Federation, as well as the types of activities provided for in paragraph 1 of Art. 31.1 of Law No. 7-FZ

Specifics of purchasing from SMP and SONKO

In August 2016, the Register of Small Business Entities appeared, the compilation of which is regulated by the Federal Law of December 29, 2015 N 408-FZ "On Amendments to Certain Legislative Acts of the Russian Federation."

The register is maintained by the Federal Tax Service and is formed annually on August 10. The register is updated (entering data on newly registered organizations and excluding them from the register) on a monthly basis. The information is posted on the official website of the Federal Tax Service of Russia and is publicly available. Thus, the declaration provided by the procurement participant can be checked using the MPS Register.

Information entered into the Register of the NSR:

• name of a legal entity, name, surname, patronymic of an individual entrepreneur;
• location of a legal entity, place of residence of an individual entrepreneur;
• the date the information was entered into the register;
• category of SME (medium-sized enterprise, small enterprise, micro-enterprise);
• an indication that the person is newly created;
• information about codes according to OKVED;
• information on licenses received by the SME entity;
• information about manufactured products (in accordance with OKPD);
• information on the inclusion of the person in the registers (lists) of SMEs - participants in partnership programs;
• information on whether the SME entity has concluded state or municipal contracts and (or) contracts concluded in accordance with the Federal Law “On the Procurement of Goods, Works, Services separate types legal entities».

Procurement participants confirm that they identify themselves as SMEs using a declaration, so customers are not required to check such declarations. The declaration, containing all the necessary information, is currently sufficient to admit the participant who provided it to the procurement, which is marked “for small and medium-sized businesses”.

The situation with the Register of SMEs is ambiguous. It so happens that an organization, which is actually a subject of an SME, for some reason is not included in the Register, and it can be fraught with rejection of the application of such a company.

It should be noted that when purchasing from SMP and SONKO, the contract includes a mandatory condition for the customer to pay for the delivered goods, work performed, services rendered (their individual stages) within a period of not more than 30 days from the date of signing the acceptance documents.

Unilateral refusal to conclude a contract

In 2016, the norm has undergone changes.

Item 1 h. 15 art. 95 of Law No. 44-FZ:

the customer is obliged to decide on a unilateral refusal to perform the contract in the following cases:

if during the execution of the contract it is established that the supplier and (or) the supplied goods do not comply with the requirements established by the notice of the procurement and (or) the procurement documentation for the procurement participants and (or) the non-conformity of the supplied goods with such requirements, which allowed him to become the winner in determining the supplier (contractor, performer).

Standard conditions of contracts providing for the involvement of subcontractors from the number of SMP and SONKO

On January 4, 2017, the Decree of the Government of the Russian Federation of December 23, 2016 No. 1466 "On approval of standard terms of contracts providing for the involvement of subcontractors, co-executors from among small businesses, socially oriented non-profit organizations" came into force.

The essence of the changes is that the standard conditions of contracts were approved, providing for the involvement of subcontractors, co-contractors from among the SMP and SONKO in the execution of contracts.

Important!

These conditions are mandatory only if the customer establishes in the notification a requirement for a supplier who is not SMP or SONKO to involve subcontractors from the SMP in the execution of the contract (part 5 th. 30 of Law No. 44-FZ).

According to the standard terms of the contract, approved by the Resolution, additional obligations appeared for the suppliers:

• Engage subcontractors, co-contractors from the SMP, SONKO in the amount of at least 5 percent of the contract price.
• Within a period of not more than 5 working days from the date of the conclusion of the contract with the subcontractor:
• submit to the customer a declaration of the subcontractor's belonging to the SMP, SONKO;
• provide the customer with a copy of the contract concluded with the subcontractor, certified by the supplier.

• Within 10 working days from the date of payment by the supplier for the fulfilled obligations under the contract with the subcontractor, submit the following documents to the customer:
• copies of acceptance documents;
• copies of payment orders confirming the transfer Money the supplier to the subcontractor (if the contract concluded between the supplier and the subcontractor provides for payment of fulfilled obligations before the payment deadline for the goods supplied, work performed, services rendered.

Supplier's additional responsibilities:

Make payment under a contract with a subcontractor within 30 days from the date the supplier signs a document on acceptance of goods, work, services or individual stages of the contract.

Supplier's additional liability:

Civil liability to the customer for non-fulfillment or improper fulfillment of the condition on involving subcontractors in the execution of contracts, including:

for the provision of documents containing inaccurate information, or their failure to submit or the submission of such documents in violation of the established deadlines;

for not involving subcontractors, co-executors in the amount specified in the contract.

Supplier's additional rights:

The supplier has the right to replace the subcontractor with whom the contract was previously concluded with another subcontractor, co-executor, in case of failure to fulfill the obligations stipulated by the contract.

All of the above regarding the standard terms of contracts refers to the mechanism for attracting SMP and SONKO, when customers put down the percentage of attracting subcontractors. These standard conditions cannot be changed in scope, and must also be included in the draft contract in full.

The procedure for generating a report on the volume of purchases from SMP and SONKO

The report itself was approved by the RF Resolution No. 238 dated 17.03.2015. V standard form the report was changed several times: the last was in February 2016.

The report is drawn up and posted in the Unified Information System annually by April 1 of the year following the reporting year. Thus, the last day of publication of the report for the previous year is March 31 of the current year.

Responsibility for the preparation and placement of the report is borne by the contract manager or an authorized employee of the contract service.

Report submission form: posted in electronic form in the Unified Information System. Due to the instability of the UIS, it is recommended to post the report in advance, without waiting for the last days of March, in order to avoid the risks associated with system failures.

2016 changes

The latest amendments to the RF Resolution No. 238 were introduced on November 19, 2016 and related to the extension of its effect to unitary enterprises.

Until 2016, most unitary enterprises operated under 223-FZ. Accordingly, such customers did not have to comply with the requirements of 44-FZ, in particular, they did not make purchases from SMP and SONKO. However, since from January 1, 2017, unitary enterprises are subject to 44-FZ, they must post reports for 2016 with zero indicators.

Changes to the report form

The main changes in the report form in 2016 concerned Section II of the report:

• The section indicates the volume of contracts, which is referred to in part 1.1 of Article 30 of Law No. 44-FZ, and the volume of purchases constituting a state secret was excluded from it (all lines included in this position).
• Also, purchases were included in this section to ensure the country's defense and state security.
• It is indicated that it is not allowed to re-record information about the volume financial security for payment in the reference year for the same contract. If you look at the report form, it will become clear that the same contract can fall into two columns: for example, a contract can be concluded with a single supplier and at the same time it can be for the provision of a loan - such a contract does not need to be entered twice.

Report on the volume of purchases from SMP, SONKO

The report contains three sections:

1. Information about the customer.
2. Information on the volume of purchases from SMEs, SONKO.
3. Information about the concluded contracts.

Section I. Information about the customer

The first section specifies the organizational and legal form, location (address), phone number, address Email, INN, KPP. Further in this section, the customer codes are filled in by: All-Russian classifier organizational and legal forms (OKOPF), All-Russian classifier of enterprises and organizations (OKPO), All-Russian classifier of territories municipalities(determined by location state registration customer) (OKTMO).

Section II. Information about the volume of purchases

Basically, questions arise when filling out the second and third sections.

Important!

The report is drawn up in thousands of rubles.

Position 1 of Section II indicates the customer's total annual procurement volume (AGOZ) for the reporting year, determined in accordance with paragraph 16 of Article 3 of Law No. 44-FZ, with the exception of the procurement volume, information about which constitutes a state secret.

SGOZ- this is the amount of financial support (appropriations) for the purchases by the customer (this issue was clarified in the letter of the Ministry of Economic Development of Russia dated December 31, 2014 No. D28I2868).

According to the Ministry of Economic Development of Russia, the SGOZ is the total amount of financial support approved for the corresponding financial year for the customer to carry out purchases in accordance with 44-FZ, including for payment of contracts concluded before the beginning of the specified financial year and payable in the specified financial year.

The Ministry of Economic Development has also developed a simple and convenient calculation formula.

"SGOZ = a + b + c", where:

a. Contracts entered into in previous fiscal years for the portion payable in the current fiscal year.

b. Contracts entered into in the current fiscal year are fully executable and payable in the current fiscal year.

v. Contracts entered into in the current financial year, executed in the current and subsequent years, in the part payable in the current financial year.

If there is a volume of purchases, information about which is a state secret, it is necessary to deduct this volume from the SGOZ.

For example, a school enters into a food supply contract from September to May. This does not coincide with the calendar year, respectively, what the school pays from September to December will be included in the SGOZ of this year, from January to May - in the SGOZ of the next year.

SGOZ is equal to the plan of financial and economic activities budgetary institution minus the funds that go to taxes and wages.

In position 2 of Section II, it is necessary to identify contracts that were concluded in accordance with Part 1.1 of Article 30 of Law No. 44-FZ, with the exception of the amount of financial security for payment in the reporting year of contracts containing information containing state secrets.

This column is calculated as the sum of the values ​​provided for in paragraphs 2-6 of the specified position:

The second paragraph is the volume of defense purchases.

Third paragraph - loans.

The fourth paragraph - everything that was purchased from a single supplier: all items included in part 1 of Article 93 of Law No. 44-FZ.

The fifth paragraph is atomic energy.

The sixth paragraph - closed methods.

It is not allowed to re-record information on the amount of financial security for payment in the reporting year. If, for example, a contract falls under both a single supplier and credits, then the information is entered only once - either in a single supplier or in credits.

In this case, it is necessary to indicate the actual payments under the contracts. Particular attention should be paid to utilities, since often a contract is concluded for one amount, and another comes out, since it is clear how much will be chosen utilities, impossible. The contract is adjusted in the process of execution, and upon payment, the amount may differ from the original. You should enter exactly the amount that was actually paid under this contract for the reporting year. The same goes for all other purchases.

How is the procurement rate from the SMP calculated, which the customer must comply with in accordance with 44-FZ?

After the customer has calculated the SGOZ, he needs to deduct the amount provided for payment for goods, works and services specified in Part 1.1 of Art. 30 of Law No. 44-FZ (clause 2), and enter the resulting amount into position 3 of section II.

Further, in order to fill in point 4, you need to calculate 15% of the result obtained. This will be the volume of purchases that the customer must carry out from SMP and SONKO in this reporting year. This amount is entered in position 4 of section II.

Position 5 indicates the volume of purchases, calculated as the amount of funds payable in the reporting financial year, as well as before the beginning of the reporting financial year based on the results of the supplier identification procedures that took place, in the notification of the implementation of which a restriction was established in relation to participants who could only be SMP and SONKO. That is, these are purchases carried out only among the SMP and SONKO.

In position 6, the same data is entered, only regarding subcontractors from the number of SMP and SONKO (purchases in which the customer set the percentage of involvement of SMP and SONKO to subcontracting). Not the entire amount is affixed, but this specified percentage.

Milestone Payments and Accounts Payable

If the payment for the contract is carried out in stages in different financial years, then the cost of each stage is taken into account in the SGOZ of the year when the payment is made (letter of the Ministry of Economic Development of the Russian Federation of December 31, 2014 No. D28I-2898).

The amounts of contracts concluded in the previous financial year, for which accounts payable were formed, are taken into account when determining purchases from SMP and SONKO (letter from the Ministry of Economic Development of the Russian Federation of 12/14/2015 No. D28I-3625). For example, if a part of the payments under a contract signed in 2015 was transferred to 2016, these amounts are taken into account when calculating the SDOZ for 2016. Accordingly, if part of the payments under the 2016 contracts passed to 2017, then these payables are not taken into account when calculating the SGOZ for 2016.

Position 7 includes the sum of the values ​​of the volumes specified in positions 5 and 6, that is, purchases actually made by the institution in order to comply with the requirements of the law on the provision of advantages to the NSR and SONKO.

Position 8 is the share of purchases, which is calculated as a percentage of the volume of purchases specified in position 7 in relation to position 3, that is, the percentage of purchases actually made in order to comply with the requirements of the law on the provision of advantages of SMP and SONKO.

Position 9 indicates the total amount of the NMCC of the failed competitive procurement procedures, in which a restriction was imposed on the procurement participants, and as a result of which the contract was not concluded or was concluded on the grounds provided for in paragraph 25 of Part 1 of Article 93 of Law No. 44-FZ. This is the only position in which not the actual amounts are indicated, but the NMCK. For example, if the customer has announced an auction with a note that it is held only among SMP and SONKO, but this procedure did not take place (not a single application was submitted or only one application was filed), then he can conclude a contract under paragraph 25, part 1 of Article 93 (as a failed auction). This contract does not fall within the scope of contracts concluded with the NSR and SONKO, but falls into column 9 of Section II.

Section III. Information about concluded contracts

This section is filled in according to the unique numbers of the register records of contracts concluded with SMP and SONKO. These records are pulled from the registries of contracts.

Position 1 indicates the unique numbers of the register records of contracts concluded with SMP and SONKO from the register of contracts concluded by customers.

In position 2 - the same thing, but under contracts containing conditions for attracting subcontractors.

Position 3 indicates the unique numbers of the register records of contracts concluded on the grounds provided for in part 1.1 of Article 30 of Law No. 44-FZ from the register of contracts concluded by customers.

Attention!

If you do not find contracts in the register, try to uncheck all the boxes when choosing a contract, since when registering a contract, many do not indicate the status of the supplier, and when performing a search, the “SMP and SONKO” box is automatically ticked.

It's important to know:

• The report is generated in in electronic format and is placed in the EIS. It is recommended to draw up and approve also a "paper" report.
• The register numbers of contracts are filled in from the system. If not filled in, there are failures, it should be filled in completely in the "paper" form.
• Remember that if you paid last year's payables, then these contracts are also included in the report.
• The calculation does not include the carry-over contract payables that will be settled in the next reporting period.

A responsibility

The fine for non-compliance with the procurement rate from SMP and SONKO is 50,000 rubles per contract manager (clause 11 of article 7.30 of the Administrative Code).

Failure to post by an official in the EIS of information and documents, the placement of which is provided in accordance with the legislation of the Russian Federation on the contract system in the field of procurement (including a report, even if it is zero), entails the imposition of a fine on officials in the amount of 50,000 rubles, for legal entities - 500,000 rubles (part 3 of article 7.30 of the Administrative Code).

Placement by an official in the EIS of information and documents to be posted, in violation of the requirements, provided by law RF on the contract system, with the exception of cases provided for in parts 1 - 1.3 and 1.7 of article 7.30 of the Administrative Code (for example, accounts payable are not taken into account or not all register records of contracts are entered), entails a fine on officials in the amount of 15,000 rubles, on legal entities - 50,000 rubles.

Federal Law No. 44 defines the obligation of state and municipal institutions to receive a certain part of goods, works and services from small businesses. The participation share of this category must be at least 15% of the total annual procurement volume. At the same time, the legislation determines the priority of domestic manufacturers and suppliers.

Small business entities are legal entities whose status is determined by a small volume of quality indicators - up to 100 employees and up to 800 million rubles of revenue per year. It is understood that these organizations are commercial and conduct their activities for the purpose of making a profit.

The issues of purchasing goods, works or services from the NSR are regulated. It regulates not only the procedure for purchasing goods and services, but also determines the parties who can be involved in this issue.

The provisions of Article 30 apply to socially oriented non-profit organizations. It is prescribed that SONKO according to Federal Law 44 should be established by the state, constituent entities of the Russian Federation or municipalities.

Procurement rules from SMP

The legislation determines that small businesses can take part in any type of purchases, which are carried out by state or municipal institutions to meet their needs. The main conditions for participation- compliance with the customer's requirements and the ability to fulfill the requirements of the contract.

According to Federal Law 44, SONKO can carry out procurement only among SMEs. In this situation, competition with the average and big business... Any applications from such organizations are rejected by the customer.

Volume

The share of purchases from small businesses under Federal Law 44 should be at least 15% of the total volume of annual security. Based on the results of the past calendar year, the customer prepares and places a report in the unified information system by April 1. It specifies the following aspects:

• contracts with small businesses;
• purchases from socially oriented non-profit organizations;
• information about the failed determination of suppliers.

The percentage of SMP under Federal Law 44 should be clearly reflected in the reporting. All purchases from small businesses should be noted in the report, as well as their total volume.

With regard to the volume of money turnover, it is prescribed that individual contract price with a small business entity cannot exceed 20 million rubles.

The ways

The percentage of purchases from small businesses under Federal Law 44 is determined not only by the number of SMEs involved and the amount of funds spent. An important aspect is the observance of the procedure and the calculation of purchases from small businesses. FZ 44 highlights the following ways to conclude contracts for deliveries via the NSR:

• a competition open to all suppliers;
• limited conditions for the competition;
• mixed competition in two stages;
• electronic trading;
• request for quotes;
• request for available proposals.

Failure to comply with the appropriate procedure for informing and conducting the chosen method is interpreted as a violation of the law.

Scroll

The legislation does not define the list of purchases from SMEs according to Federal Law 44. State or municipal institution has the right to acquire any goods, works or services from small businesses.

The possibility is also allowed not make certain purchases at the NSR. That is, the institution itself determines the supply priorities. The main condition is compliance with the procedure and the total volume.

Benefits for SMP under 44 FZ

Benefits for SMEs under Federal Law 44 consist in the following benefits:

• the amount of security is up to 2% of the initial maximum value of the contract;
• the customer is given 15 days to pay for the purchase from the date of signing the acceptance document;
• if the winner of the competition, electronic auction or a request for proposals has become a small business entity, the customer has the right not to demand a contract. (Find out which one).

Administrative responsibility

Administrative responsibility for non-compliance with the legislation on placing an order at the SMP is determined by:

• violation of the terms for posting information in the unified procurement information system during a tender or auction less than two days, it is supposed a fine of 5 and 15 thousand rubles for individuals and legal entities, respectively;
• in case of violation of the specified period more than two days the fine is 30 and 100 thousand rubles;
• violation of the deadline for posting information when conducting a request for quotations or proposals from small businesses no more than a day - 3 and 10 thousand for individuals and legal entities;
• similar delayed violation more than a day - 15 and 50 thousand;
• violation of the requirements and procedure for posting information for purchases from small businesses entails a fine of 15 and 50 thousand.

Penalties are also imposed for other administrative violations - unlawful refusal, non-compliance with the instructions for keeping records and reporting. Separately, it should be pointed out penalty for non-fulfillment of the established volume of purchases for small businesses - it is 50 thousand rubles.

The law enforcement practice of supporting small businesses and socially oriented non-profit organizations within the framework of the contract system in 2015-2016 is analyzed

The article reveals the practical issues of applying the requirements of the Federal Law of 05.04.2013 No. 44-FZ in terms of justifying the initial (maximum) contract price, the price of a contract concluded with the sole supplier (contractor, performer) when making purchases for state and municipal needs.

Efremov S.V. Bulletin of the Russian Academy of Natural Sciences. 2014.Vol. 2.S. 86-89.

The article examines the issues of support for the development of the non-profit sector by the federal government by providing subsidies to the constituent entities of the Russian Federation for the implementation of regional programs to support non-profit organizations. For the first time, an analysis of how real the "proposal" is different types support of non-profit organizations at the regional level, and also investigated the dependence of this “proposal” on the key factors of regional development.

Tutorial contains practical advice on the justification of the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer) when making purchases within the framework of the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

Second edition, revised and expanded

Prosyanyuk D.V., Eferina T.V., Lizunova V.O. Social service... 2014. No. 2. S. 15-25.

The article raises the question of the readiness of the non-state sector of the economy (non-profit and commercial organizations to expand their activities in the market social services... The problems faced by the participants in the process of denationalization of social services and measures to improve the institutional environment are presented.

The textbook contains practical recommendations on the formation of the procedure for evaluating and comparing bids, final proposals of procurement participants when making purchases within the framework of the contract system in the field of procurement of goods, works, services to meet state and municipal needs

Efremov S.V., A. E. Shadrin, Ladygin V.V. et al. In the book: Analytical materials of the Ministry economic development Russian Federation. VI All-Russian conference "Intersectoral cooperation in social sphere"December 9-10, 2013. M .: Ministry of Economic Development of the Russian Federation, 2013. S. 195-220.

In accordance with the Federal Law of January 12, 1996 No. 7-FZ "On Non-Commercial Organizations", as well as in accordance with the instruction of the Government of the Russian Federation No. OG-P44-47pr dated February 19, 2013, the Ministry of Economic Development of Russia annually monitors the effectiveness of the provision of :

Subsidies to the budgets of the constituent entities of the Russian Federation for the implementation of regional support programs for socially oriented non-profit organizations;

Subsidies to socially oriented non-profit organizations for the implementation of programs to provide information, consulting and methodological support to the activities of other socially oriented non-profit organizations, to facilitate their recruitment of volunteer labor, as well as to identify, generalize and disseminate best practices in the implementation of projects of socially oriented non-profit organizations.

The article presents the results of monitoring the effectiveness of the provision of subsidies from the federal budget to support socially oriented non-profit organizations for the period 2011-2013.

The collection contains the abstracts of the reports of the annual scientific and practical conference, held by the law faculty of the Perm State National Research University. Investigated actual problems theories of state and law, constitutional, civil, business, labor, criminal, financial law and a number of other branches.

The publication is intended for scientific and practical workers.

Part 1. Volgograd: Volgograd Scientific Publishing House, 2010.

The collection includes articles of the participants of the international scientific-practical conference "Economics and Management: Problems and Development Prospects", held on November 15-16, 2010 in Volgograd on the basis of Regional Center socio-economic and political research "Public Assistance". Articles devoted to topical issues economic, management theory and practices studied by scientists from different countries- conference participants.

Anisimova A. I., Muradyan P. A., Vernikov A. V. SSRN Working Paper Series. Social Science Research Network, 2011. No. 1919817.

This empirical article relates to competition theory and theory of sectoral markets... It examines the relationship between industry structure and competitiveness at the local rather than national level. We used micro-level data for banks in two regions of Russia, Bashkiria and Tatarstan, to calculate the values ​​of the Herfindahl-Hirschman index and the Lerner index and evaluate the Panzar-Ross model. The latter is done in two ways: through the widely used price equation, which takes into account the effect of the size of the bank, and then through the equation without taking into account the size of the bank, as proposed by Biker and his co-authors in 2009. It turns out that monopolistic competition dominates in both regional markets. although the monopoly hypothesis is not rejected for Tatarstan either. The existence of large local banks does not necessarily lead to greater competitiveness in this regional market, and the use of non-structural models for measuring competition suggests that competition between banks in Bashkiria is stronger than in Tatarstan. Moving further from the aggregate analysis, we calculated the Lerner indices for two product segments banking market Tatarstan and found out that the market for lending to individuals is much more competitive than the market for lending to legal entities. Local banks have more market power in corporate lending, while local branches of federal banks have more market power in corporate lending.

P. V. Trunin, Drobyshevsky S.M., Evdokimova T.V.M .: Delo Publishing House, RANEPA, 2012.

The aim of the work is to compare the regimes of monetary policy from the point of view of the vulnerability of the economies of the countries using them to crises. The work consists of two parts. The first part contains a literature review, which presents the results of studies examining the crisis exposure of economies using such monetary policy regimes as exchange rate targeting, classical and modified inflation targeting. It also provides an assessment of the effectiveness of accumulating foreign exchange reserves as a tool for preventing or mitigating crises. The second part of the work - empirical - describes the methodology and results of comparing the adaptive abilities of economies, obtained on the basis of an analysis of the dynamics of key macroeconomic indicators in the pre-crisis and post-crisis periods in countries grouped by monetary policy regimes. In addition, estimates of the vulnerability of economies to crises are presented on the basis of calculating the frequencies of crises under different regimes.

The Basel Committee on Banking Supervision has initiated a discussion on best practices for avoiding excessive risk taking by bank managers. This article proposes a game-theoretic approach that describes the decision-making process of a bank manager who chooses the levels of risk and effort. If the level of risk affects the spread of future profit values, then the amount of effort affects the likelihood of a positive result. Although the effort is not observable for the bank's shareholders, the level of risk is controllable and can be measured by indicators such as capital adequacy or the level of financial leverage. The manager is assumed to be risk neutral; the binary outcome of the game with profit or loss is considered. Starting with an overview of the contract scheme, which includes a fixed and variable components of reward, it is shown that by differentiating the variable part of the reward, opportunities to stimulate the adoption of lower risks. More specifically, the variable part of the reward (the share of the bank's profit) for taking low risk should be higher in proportion to the greater variation in outcomes observed when taking high risk, in order to incentivize the manager to choose lower risk level instead of high one.

In this paper, a basic model has been developed that allows one to predict the possible reaction of financial institutions to stricter regulatory measures introduced by the Basel Committee on Banking Supervision (BCBS) in relation to global systemically important banks (GSSB). The context of the study is formed by the BCBS document of 2011, which sets higher capital requirements for global systemically important banks. We analyze the interaction of banks within the framework of an oligopolistic market, where demand is limited, and banks are subject to additional capital requirements imposed by the regulator. We distinguish between the announced cost of funding, which determines the size of loans issued and the interest rate in the market; and the true cost of funding, which directly affects the profit margins. We come to the conclusion that within the framework of the two-period interaction, both banks will declare the highest cost of funding, which will lead to a reduction in the amount of loans issued (which is in line with the regulator's goal), but at a cost of more high cost borrowing in the market. If the game repeats, then both banks choose a smaller loan size than in the last period when the lowest cost of funding was declared. Note that the findings are consistent with the results of the analysis of the Department of Monetary Policy and Economics of the BCBS.

The article analyzes the practical aspects of various methods for implementing the rule of transferring votes, namely, the Gregory method, including the Gregory method, the weighted inclusive Gregory method.

The state provides special benefits for small and medium-sized businesses. In order to develop and maintain this area, tax, financial and administrative incentives are provided.

Small businesses Are commercial organizations ( legal organizations and individual entrepreneurs), carrying out their activities for the purpose of making a profit. At the same time, non-profit organizations, unitary municipal or state institutions cannot be attributed to this category of entities, even if they meet the requirements for SMEs in terms of annual revenue and the number of employees.

Which organizations belong to the SMP

For business companies and partnerships, at least one of the requirements of clause 1 of h. 1.1 of Art. 4 209-FZ. If the organization meets one of the listed conditions, then indicators of revenue and the average number of employees are considered.

The Federal Law "On the Development of Small and Medium-Sized Businesses in the Russian Federation" dated 24.07.2007 N 209-FZ regulates the basic requirements under which an organization can be classified as an SME. In 2017, some changes were made to these requirements, thereby allowing a larger number of organizations to comply with the status of a small or medium-sized business entity.

Graduation of enterprises and limits established in each of the groups:

Micro-enterprise: the amount of annual revenue excluding VAT should not exceed 120 million rubles, and the number of employees should be no more than 15 people.

Small business: the amount of annual revenue is no more than 800 million rubles, the number of employees is no more than 100 people.

Medium enterprise: revenue excluding VAT for the year - up to 2 billion rubles, and the average number of employees does not exceed 250 people.

The same categorization rules apply to individual entrepreneurs. If individual entrepreneurs there are no employees, then the criterion will be only the size of the revenue received for the year. When using the patent taxation system, an individual entrepreneur is referred to as a micro-enterprise.

All SMEs are entered into the Register of Small Business Entities maintained by the Federal tax office, based:

information from the Unified State Register of Legal Entities, EGRIP;

information provided to the Federal Tax Service on the number of employees, revenue from entrepreneurial activity and the use of special tax regimes, in the reporting established by the legislation of the Russian Federation;

information provided by persons specified in clause 2 of Art. 6 FZ No. 408-FZ;

information that provides legal and individuals entered in the register of the NSR.

More detailed information can be obtained on the FTS website, including look.

With regard to government and commercial purchases, small businesses also have a number of advantages over other participants.

Purchase from small businesses, SONKO 44-FZ

State purchases under 44-FZ from small and medium-sized businesses are regulated by Art. 30 44-FZ.

For customers working in accordance with the law "On the contract system", a number of requirements are put forward regarding the implementation of purchases from small businesses and socially oriented non-profit organizations.

According to Part 1 of Art. 30 44-FZ, customers are required to implement them in the amount of at least 15% of their annual purchases... Such trades can be carried out in the following forms:

open competition;

limited participation competition;

two-stage competition;

electronic auction;

request for quotes;

request for proposals.

At the same time, the initial maximum contract price should not exceed 20 million rubles.

Also, a positive point in purchases carried out only among small businesses and socially oriented non-profit organizations is that the amount of security for an application for participation is set at no more than 2% of the NMCK. For comparison, in other purchases, the customer has the right to establish the security of the application in the amount of up to 5% of the contract price.

Involvement of SMP or SONKO in the execution of a contract

When conducting a procurement, the customer has the right to establish in the notice a requirement for a contractor who is not an SMP or SONKO, to involve a subcontractor or co-executors from the register of small businesses in the execution of the contract.

In this case, it is indicated what percentage of the work (of the contract value) was carried out with the involvement of a subcontractor from among the SMP, SONKO, and this part is credited to the customer in the volume of purchases for reporting period, committed by small businesses and SONKO.

In the contract of such a tender, a clause on the civil liability of the contractor for failure to comply with the conditions for involving a subcontractor from the SMP, SONKO is mandatory.

The Government of the Russian Federation may establish standard terms of contracts providing for the involvement of SMEs (small and medium-sized businesses) in execution.

Advantages:

1. the contractor must pay off the subcontractors and co-contractors involved from the SMP and SONKO within 15 workers days from the date of signing by him of the document on acceptance of services, works or goods from the subcontractor. Previously, this period was 30 calendar days.
2. the changes affected clause 1 of the Government Decree of December 23, 2016 No. 1466, now the customer sets a fixed percentage of the contract price to indicate the volume of attraction of the NSR or SONKO.

Calculation of the volume of purchases from SMP, SONKO according to 44-FZ

money to secure the application must be deposited into a special bank account;

the contract with the winner of the purchase is concluded in electronic form on the site (the paper version is not applied).

Terms of publication of notices of procurement:

Competitions and auctions:

if the NMCC is up to 30 million rubles, then at least 7 days;

with NMCK more than 30 million rubles - in 15 days.

Request for proposals- within 5 working days (NMCC should not exceed 15 million rubles).

Request for quotes- for 4 slaves. days (NMCK should not exceed 7 million rubles).

The payment term under contracts concluded with SMEs from 01.01.2020 has been reduced from 30 days up to 15 days. By analogy with purchases from the SMP under 44-FZ.

Schedule of purchases from SMEs

Customers who are included in the category according to PP No. 1352 must calculate the total trading volume among SMEs, then they must approve the list of goods and place it in the EIS. If this action is not implemented, then purchases from small and medium-sized businesses under 223-FZ will not be able to be carried out.

In the procurement schedule, the customer must, in separate sections, reflect and approve the goods, works or services that he will acquire by holding tenders only among the SMEs. Participants in such tenders in the application must declare their belonging to the NSR, at the moment the form is unified and the same for everyone.

The initial maximum price of a purchase carried out only among participants in small and medium-sized businesses should not exceed 400 million rubles.

Also, a certain group of customers, approved by the order of the Government N 475-r, must procure innovative and high-tech equipment from small businesses.

According to Art. 5.1 223-ФЗ in relation to certain categories of customers, control and monitoring of the compliance of procurement plans and annual reports with the requirements of the legislation of the Russian Federation on procurement from SMEs is carried out. Conformity assessment is carried out as part of checking the draft procurement plan for goods, works or services, the draft procurement plan for the innovative and high-tech products and projects to amend such plans, prior to the approval of these plans.

Monitoring is carried out already according to the procurement plans approved by the customer and the changes made to them.

Based on the results of the inspection and monitoring, a conclusion is issued on the compliance or non-compliance of the documents being checked with the requirements of the legislation of the Russian Federation. If violations are identified, the customer needs to eliminate them or place a protocol of disagreements to this notification in the EIS. Otherwise, the implementation of the procurement plan of this organization may be suspended by the antimonopoly authority.

Procurement report from SMEs

At the end of the month, each customer must draw up a report, which will contain information on his purchases from SMEs, and no later than the 10th day of the month following the reporting one, place it in the EIS. (Clause 4, Part 19, Article 223-FZ)

By February 1 of the following year, the customer must publish in the EIS an annual report in the prescribed form, with information on the annual volume of purchases from small and medium-sized businesses.

Important: in the event that the customer did not carry out the required volume of purchases from small and medium-sized businesses during the calendar year, or posted a report with incorrect data or did not post it at all in a unified information system, then appropriate sanctions are imposed on such an organization, namely - it is deprived of the privileges of procurement under 223-FZ and from February 1 until the end of the year following the reporting year, it will be obliged to conduct tenders only within the framework of 44-FZ.

As for the submission of reports by companies operating under 223-FZ, but not obliged to make purchases from the NSR, these companies also submit monthly reports on the number of contracts signed with the NSR, in which they indicate the number of such contracts, if they are absent, they simply prescribe the value 0. At the same time, organizations that do not fall under the Government Decree No. 1352 do not have the right to indicate in the documentation a restriction on participation in tenders only for small and medium-sized businesses, because this will already be considered a restriction on competition.

Annual report on purchases from SMEs of enterprises with revenues of less than 2 billion rubles. should not publish, even if such tenders were held.

Suppliers related to SMEs

Now they have canceled the benefits for procurement participants related to small and medium-sized businesses. But at the same time, there are restrictions that do not allow participation in the procurement carried out for SMEs.

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In 2018, customers still have to allocate a certain percentage of purchases to small businesses under 44-FZ. Organizations with a small number of employees and profit margins below a set limit fall into this category. About who is the subjects of small business under 44-FZ, it is said in Federal law dated July 24, 2007 No. 209-FZ.

What is a small business entity under 44-FZ

Consider who is a small business entity under 44-FZ. The criteria for referring to the NSR in 2018 did not change. A micro-enterprise is an organization with up to 15 employees and an annual income of no more than 120 million rubles.

Small firms include companies that officially employ up to 100 people, and the annual income is up to 800 million rubles. Medium enterprises are those with 101 to 250 employees and a turnover of no more than RUB 2 billion. In all three cases, the share of state participation should not exceed 25%, foreign legal entities - not more than 49%, the share of legal entities that are not small and medium-sized businesses - not more than 49%.

Application for participation in the procurement from small businesses 44-FZ

According to 44-FZ, small businesses receive some preferences in procurement. However, they can use them and participate in the procedures for the SME only on one condition: a declaration must be attached to the application. Indicate in it:

• Company name;
• the category to which it belongs - small or medium business;
• legal address;
• OGRN.

Then enter the indicators into the table. In particular, indicate the total share of the state in the authorized capital of the company, the number of employees, and income for the past year.

Documentation on the purchase from the SMP under 44-FZ and the contract

We examined who belongs to the NSR in 2018. Despite the fact that the requirement for a mandatory share of purchases from small businesses under 44-FZ appeared quite a long time ago, customers continue to get confused. For example, require the participant to belong either to a small business or to socially oriented NPOs, and companies that fall into both categories and report this in the declaration should not be allowed to bid. This is a violation, confirmed by administrative practice, for example, by the decision of the Office of the Federal Antimonopoly Service in Moscow in case No. 2-57-1428 / 77-18 dated 06.02.2018.

Benefits when purchasing from small businesses 44-FZ

Small businesses under 44-FZ receive some preferences in procurement. For example, if a sanction is imposed for violating the terms of the contract, the fine can generally reach 10% of the contract price if it is less than 3 million rubles, and 5% if the cost is in the range of 3-50 million. for a contract price of up to 3 million, the amount of the fine will be 3% of the contract value, if it is within 3-10 million - 2%, 10-20 million - 1%.

Also, for the NSR, lower tariffs for work on trading floors have been established. As a reminder, in 2018 it became paid. Money for participation in the procedures is taken only from the winners. If for ordinary participants this is 1% of the contract price, but not more than 5 thousand rubles, then for the NSR the upper bar is 2 thousand rubles.

How to distinguish, establish and combine benefits for SMP, AIS, OI and imports

From the article you will learn:

✔ What are the advantages for the participants of the NSR or SONO;
✔ Three main mistakes of mixed purchasing on a live example;
✔ In what cases the advantages for the goods of the UIS and OI are established;
✔ When the benefits cannot be combined in one purchase:

From article

The volume of mandatory purchases from small businesses 44-FZ

We have given a definition to small businesses in accordance with 44-FZ and reviewed the criteria for their assignment to this category. Next, let's move on to the percentage of purchases from small businesses under 44-FZ. This is 15% of the total annual volume. To meet this norm, customers use two paths:

• carry out purchases only among small businesses;
• establish in the procurement documentation the requirement to attract subcontractors from the number of SMEs.

You can carry out any procedures:

• contests - paper electronic, open and closed, with limited participation, two-stage;
• electronic auctions;
• requests for quotations and proposals in any form.

NMCK at auctions only among SMP and SONKO should not exceed 20 million rubles. If 15% of purchases among SMP and SONKO are not collected, the contract manager will be fined 50,000 rubles.

Consider the calculation of the volume of mandatory purchases from small businesses 44-FZ. The annual volume is understood as the amount of money approved for the financial year to meet the needs of government customers. Earlier, the Ministry of Finance clarified that it takes into account contracts concluded in previous years, but payment for which takes place this year, as well as those concluded and paid for in the current year.

When calculating the average annual volume of purchases, the following are not taken into account:

• to ensure the defense capability of the Russian Federation;
• on the provision of loans;
• from a single supplier;
• in the field of atomic energy use;
• closed procedures.

At the end of the year, the customer must publish in the EIS a report on purchases from small businesses and socially oriented non-profit organizations.

You will find more answers to questions about procurement in the new issue of the magazine "State order in questions and answers"