XII Международная студенческая научная конференция Студенческий научный форум - 2020

The mechanism of managing state and municipal procurement is a certain set of levers of influence on the procurement activities of the state, adjusting the existing system of budget procurement and solving the main task of the contract system, namely, more efficient spending of budget funds for the procurement of goods, works and services to fully satisfy the existing needs of state and municipal customers.

One of the actively used mechanisms for managing state and municipal procurement nowadays is the so-called centralization, the degree of which is very high in almost all regions of the country.

Centralized procurement is determined by Article 26 of the Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, work, services to meet state and municipal needs” (hereinafter - the Law on the contract system).

According to the Law on the contract system, centralized procurement is procurement carried out to identify suppliers (contractors, executants) in order to meet the needs of customers, for which an authorized body (authorized institution) or several such bodies (institutions) are organized on the basis of a decision on creation, or is selected from those existing on the basis of a decision on empowerment.

The practice of centralizing procurement has become widespread in the regions in accordance with the existing Federal Law No. 94-FZ of June 21, 2005 “On placing orders for the supply of goods, execution of work, and the provision of services for state and municipal needs” (hereinafter - Federal Law No. 94 -FZ). Part 2 of Article 4 of Federal Law No. 94-FZ also provided the opportunity to create an authorized body to place state and municipal needs, but at the same time there were no clear rules for the organization and mechanism of interaction between the authorized body and the customer. The existing mechanism of budget procurement in the format of the action of Federal Law No. 94-FZ turned out to be imperfect and ineffective, which led to a low rating of the effectiveness of spending, which led to a decrease in the efficiency of procurement at all stages and levels. The key point aimed at improving the organizational mechanism of budget procurement is the reform of existing legislation in the field of public procurement and the consolidation of legislation on the contract system. One of the main opportunities is to ensure expanded centralization, expansion of procurement opportunities at all stages, from procurement planning to execution of contracts, expansion of procurement procedures and their electronization, modification of criteria for evaluating tender bids. Also worth noting are the basic principles of the contract system, such as ensuring publicity and clarity of the procurement provided, preventing corruption, and increasing the level of professionalism of customers.

Due to the fact that the Law on the contract system was approved, an urgent necessity arose for the formation of a new organizational mechanism for managing procurement processes. Thus, article 26 of the Law on the contract system established the so-called centralized procurement institution, provided not only the possibility of centralizing purchases, but also the conditions and the main "key points" were defined, its possible types and approaches to organization were also regulated in sufficient detail.

To carry out centralized procurement and apply the principle of professionalism in the procurement of goods, works and services, an authorized body (authorized institution) is created in accordance with the implementation of the Law on the contract system, authorized to determine suppliers (contractors, executants) for customers. The authorized body (authorized institution) may be a state or municipal body or public institution. But when vested with these authority, they are not allowed to assign powers to justify purchases, determine the initial (maximum) price of the contract and its conditions, including signing. State and municipal customers sign contracts on their own, including monitoring its implementation, as well as payment deadlines in accordance with existing laws.

It should be emphasized that the improvement of the centralization process was also expressed in the fact that a public institution can be created as an authorized body, which implies the emergence of new jobs, and significantly increases the inflow of professional personnel in the procurement sphere. The creation of an authorized body (authorized institution) is an integral tool for increasing the professionalism of state and municipal customers, due to close cooperation in the implementation of procurement procedures.

Centralization as a tool to improve procurement has become a trend of the recent years in the Russian Federation at both state and municipal levels. More than that, at the moment, centralization of the procurement activities of customers is being actively introduced in accordance with Federal Law No. 223-FZ of July 18, 2011 "On the procurement of goods, work, services by certain types of legal entities". The transition to a centralized model of procurement is due to the need to maximize the clarity and openness of procurement, as well as reduce the possibility of corruption through the introduction of common approaches and principles to procurement management.

References

Федеральный закон от 21.07.2005 № 94-ФЗ "О размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд" (в редакции от 02.07.2013г.)

Федеральный закон от 18 июля 2011 г. № 223-ФЗ "О закупках товаров, работ, услуг отдельными видами юридических лиц"

Федеральный закон от 05.04.2013 № 44-ФЗ "О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд" (в редакции от 27.12.2018г. с изм. и доп., вступ. в силу с 07.01.2019г.)