Cellular communication via 44 fz. On concluding a contract with a single supplier (contractor, performer) for the provision of long-distance telephone services. What the Customer should pay attention to

Does the customer have the right to enter into an agreement with PJSC MGTS in accordance with clause 1 of part 1 of Article 93 of Federal Law No. 44 for the provision of communication services, if the subject of the agreement is local services telephone communication(except for local communication services using payphones and public access facilities), intrazonal communication services, information, reference and maintenance services. Services will be provided in Moscow.

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019 for customers transition period– it is allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.
Read what kind of purchases to carry out on the ETP, how to choose a site and obtain an electronic signature, what are the rules for concluding contracts during the transition period and after.

The provision of local and long-distance telephone services can be carried out by the customer on the basis of clause 1, part 1, art. 93 of Law No. 44-FZ. In turn, procurement for the provision of international telephone services cannot be carried out on the basis of the clause in question.

In accordance with clause 1, part 1, art. 93 of the Federal Law of April 5, 2013 No. 44-FZ "On contract system in the field of procurement of goods, works, services to provide government and municipal needs"(hereinafter - Law No. 44-FZ) purchase from a single supplier (contractor, performer) can be carried out by the customer, including in the case of the purchase of goods, work or services that fall within the scope of activity of natural monopolies in accordance with Federal law dated August 17, 1995 No. 147-FZ “On Natural Monopolies” (hereinafter referred to as Law No. 147-FZ), as well as central depository services.

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for quick authorization on the portal: According to Art. 3 of Law No. 147-FZ, natural monopoly is a state of a product market in which satisfying demand in this market is more effective in the absence of competition due to production (due to a significant decrease in production costs per unit of goods as production volume increases), and goods produced by subjects of a natural monopoly cannot be replaced in consumption by other goods, and therefore, the demand in a given product market for goods produced subjects of natural monopolies are less dependent on changes in the price of this product than the demand for other types of goods; subject of a natural monopoly - an economic entity engaged in the production (sale) of goods under conditions of a natural monopoly.

So, according to Part 1 of Art. 4 of Law No. 147-FZ establishes that Law No. 147-FZ regulates the activities of natural monopolies, including in the field of public telecommunications services and public postal service.

Consequently, communication services can be classified as public telecommunications and public postal services.

In turn, according to the List of public telecommunications and public postal services, government regulation tariffs for which in the domestic market Russian Federation carries out federal Service according to the tariffs approved by Decree of the Government of the Russian Federation of October 24, 2005 No. 637, such services include, among other things:

• provision of long-distance telephone connection to a subscriber (user) of a fixed telephone network for the transmission of voice information, fax messages and data.
• providing access to the local telephone network regardless of type subscriber line(wire line or radio line) fixed telephone network.
• provision of a local telephone connection to a subscriber (user) of a fixed telephone network for the transmission of voice information, fax messages and data (except for payphones).
• provision of a subscriber line for permanent use, regardless of its type.
• provision of an intrazonal telephone connection to a subscriber (user) of a fixed telephone network for the transmission of voice information, fax messages and data.

Consequently, since local telephone services and long distance communication included in the list of publicly accessible telecommunications services, the customer has the right to purchase such services on the basis of clause 1, part 1, art. 93 of Law No. 44-FZ.

In turn, because the above list does not provide for an international telephone service, then the purchase of these services cannot be carried out by the customer on the basis of clause 1, part 1, art. 93 of Law No. 44-FZ.

Local telephone services, long-distance communication, and the provision of intrazonal telephone connections to a subscriber of a fixed telephone network are included in the list of public telecommunications services. In turn, public telecommunications services are regulated by Law No. 147-FZ “On Natural Monopolies”. Therefore, the customer has the right to purchase such services on the basis of clause 1, part 1, art. 93 of Law No. 44-FZ.

How can a customer purchase services for providing access to the Internet?

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - they are allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.
Read what kind of purchases to carry out on the ETP, how to choose a site and obtain an electronic signature, what are the rules for concluding contracts during the transition period and after.

According to Part 5 of Art. 24 of the Contract System Law, the customer chooses the method of determining the supplier (contractor, performer) in accordance with the provisions of Chapter 3 of the Contract System Law. At the same time, he does not have the right to take actions that entail an unreasonable reduction in the number of procurement participants.

In accordance with Part 2 of Art. 48 of the Law on the Contract System, the customer in all cases carries out procurement through open competition, except for the cases provided for in Art. 56, 57, 59, 72, 83, 84 and 93 of the Law on the Constitutional Court.

Thus, Article 59 of the Law on the Constitutional Court provides for such a procurement method as electronic auction.

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Select a social network for quick authorization on the portal: According to Part 2 of Art. 59 of the Law on the Contract System, the customer is obliged to conduct an electronic auction if goods, works, services included in List No. 2019-r or in an additional list established by the highest executive body

We note that services for access to the Internet can be attributed to OKPD code 64.20.18.130 “Providing access to information of global and regional information and telecommunication networks (including the Internet)”, which, in turn, is included in List No. 2019 -R.

Consequently, when purchasing services for providing access to the Internet (if the customer chooses the OKPD code specified above), the customer is obliged to carry out this purchase by conducting an auction in electronic form.

Taking into account the exception specified in Part 2 of Art. 59 of the Law on the Constitutional Court, the customer also has the right to carry out this purchase by conducting a request for quotations, request for proposals, concluding a contract with sole supplier(contractor, performer) taking into account the requirements of the Law on the Contract System.

The procedure for procurement through electronic auction established in art. 59–71 of the Law on the Contract System.

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The legislation provides for the possibility of purchasing in a non-competitive manner, that is, the Customer, in strictly defined cases, can enter into a contract with a single company.

Telecommunication services are necessary for the full functioning of any organization, therefore contracts for the provision of this type of service are concluded annually by almost all government agencies.

It would seem that the procedure is already stable and standard, without any possible pitfalls or pitfalls. However, you should read carefully standard contract offered by the performer to avoid one of gross violations legislation.

Procurement procedure

The purchase of the services in question is carried out by Customers most often on the basis of the granted right to conclude a contract with a single contractor, as with a subject of natural monopolies (Clause 1, Part 1, Article 93).

Indeed, in accordance with the law, telecommunication services are provided by organizations included in the register of natural monopolies. What’s easier is to select an organization from this register, publish a procurement notice on the official website and, no earlier than five days after that, conclude a contract.

At the same time, in the overwhelming majority of cases, the performing organization sends its standard subscription service agreement to the Customer. It would seem that it is much easier for the parties to work this way - neither one nor the other needs to draw up correct wording, correctly and completely describe the characteristics and conditions of the provision of the service.

However, we should not forget that the standard agreement is provided for any legal entities without taking into account the specifics of organizations, including government ones. That is why the Customer should not enter into a contract without first carefully reading and studying for compliance with the requirements of the law, preserving some standard wording.

What the Customer should pay attention to

A telecommunications operator agreement usually contains a list of services provided under the contract. Moreover, this list includes a fairly wide range of types of communications, including local, long-distance and international communications.

At the same time, the law “On Natural Monopolies” does not establish a list specific types communications. This list is contained in the Decree of the Government of the Russian Federation. And some omission is the fact that this Resolution does not contain international communication services.

Combining together the provisions of regulatory legal acts, it is easy to come to the conclusion that international telecommunication services do not fall within the scope of activities of natural monopoly entities and cannot be purchased through procurement from a single supplier on the basis of clause 1, part 1, article 93 of the Federal Law No. 44.

Moreover, the average government agency does not need this type of connection at all. Thus, inattention when studying the provisions of a standard contract may lead to a violation of the law.

This violation is qualified as the choice of an inappropriate method of procurement, which entails the risk of imposing penalties on executive in the amount of thirty or fifty thousand rubles.

ATTENTION! In order to minimize the likelihood of violations and save your time, use our software. Also, the program will check your purchases for errors for free, calculate the NMCC and SKP, and help you find the necessary

Federal Law No. 44 was issued to regulate contractual relations in the field of government procurement of goods, works, and services that are necessary to meet state and municipal needs.

Federal Law 44 for dummies regulates all legal contractual relations conducted at the state level. The bill was adopted in State Duma On March 22, 2013, 5 days later it was approved by the Federation Council. The effective date of the law is April 5, 2013.

1. (Vv. 1-15) Described general provisions of this law, i.e. in what area it is applied, basic concepts, principles of concluding contracts, etc.;
2. (Art. 16-23) Rules for planning public procurement are described here;
3. (Art. 24-96) Describes the rules by which government procurement is carried out and what characteristics the supplier (participant, performer or contractor) must have. Article 34 can be studied in detail here;
4. (Art. 97-98) Chapter 4 contains aspects of procurement monitoring and audit in the field of public procurement;
5. (Art. 99-104) This chapter was frequently amended because it is one of the important components of Federal Law 44 for dummies; the articles in this chapter regulate control in the field of public procurement;
6. (Art. 105-107) This part legislative act contains information on dispute resolution;
7. (Articles 108-111) Each article in this chapter is devoted to the peculiarities of concluding and executing a contract for certain types of government procurement;
8. (Art.-112-114) The last chapter contains final information of Federal Law 44 for dummies.

State authorities made changes to the above chapters on June 7, 2017. Federal Law 44 came into force for dummies on June 18, 2017.

Basic moments

To participate in government procurement, you need to know the provisions of Federal Law 44 for dummies. Requirements and instructions on how to work with Federal Law 44 for beginners (dummies):

• meet the criteria specified in Russian legislation so that persons have the right to supply goods (services);
• the supplier's company is not at the stage of bankruptcy or liquidation;
• the activities of the supplier company are not suspended for legislative level, for example, according to the Code of Administrative Offenses of Russia;
• the supplier’s organization has no debt obligations for taxes and fees;
• the person acting as a potential supplier should not have a criminal record in the field of economic crimes;
• according to 44 Federal Law for Dummies, there is no conflict of interest when concluding a contract;
• The supplier's company does not belong to offshore organizations.

Conditions for public procurement:

• All transactions for the purchase of goods (services) are concluded through a specially designed website;
• Customers indicate their data in the system (data is indicated in accordance with Federal Law 44 for dummies). Suppliers are required to be accredited on electronic trading platforms;
• All potential suppliers have the right to search engine find suitable orders on the government procurement website, then take part in the auction;
• According to 44 Federal Laws for Dummies, when the customer chooses the most profitable option for himself, he enters into a contract with the supplier. Based on the contract, the parties fulfill their obligations.

Difference between Federal Law 44 and Federal Law 223

The procurement system in both laws is the same, but according to Federal Law 44 there is a limitation for dummies - government procurement is carried out only from one supplier.

The requirements for customers in both laws are different.

According to Federal Law 44 for dummies, the following can act as customers:

• state budgetary institutions;
• municipal.

According to Federal Law 223 for dummies, the following have the right to act as customers:

• enterprises where the state share is more than 50%;
• organizations engaged in certain types of activities - water supply, energy, etc.;
• monopolistic organizations - gas, Russian Railways, etc.;
• budgetary organizations carrying out public procurement at the expense of extrabudgetary funds(for example, through grants).

Procurement under 44 Federal Laws: where to start?

It is difficult to begin the procedure for participation in public procurement. All the most important things you need to know from Federal Law 44 on government procurement:

• study Federal Law 44 for dummies;
• prepare a package of documents confirming the organization’s rights to participate in the auction;
• prepare a package of documents for the product (service) that meets the customer’s requirements;
• develop a system of activities that are carried out before the conclusion of a contract;
• appoint responsible persons for carrying out events.

To conclude a contract, it is necessary to take into account the deadlines established by Federal Law 44.

Download the text of the law

According to Federal Law 44 for dummies, government procurement is divided into:

• competitions;
• auctions ( electronic placement orders);
• quotes;
• government procurement from a single supplier.

To become a supplier, you need to study Federal Law 44 for dummies. You can download the Federal Law “On the contract system in the field of public procurement of goods, works, services to meet state and municipal needs” at .

To conclude contracts for the provision of mobile radiotelephone communication services, a telecom operator or a person authorized by it must use:

premises, parts of premises owned, under economic control, operational management or rent;

equipped shopping places in stationary shopping facilities and in areas intended for trading activities and located in other stationary facilities, or retail facilities with trading floors designed for one or more workplaces.

The conclusion of agreements for the provision of mobile radiotelephone communication services in non-stationary retail facilities is prohibited, with the exception of cases where a telecom operator or its authorized person concludes agreements for the provision of mobile radiotelephone communication services in vehicles, which are specially equipped to serve subscribers and the requirements for which are established federal body executive power in the field of communications, or contracts for the provision of mobile radiotelephone services via the Internet information and telecommunications network using enhanced qualified electronic signature or a simple electronic signature, provided that when issuing a simple electronic signature key, the identity of an individual is established during a personal reception.

Mobile radiotelephone communication services are provided to the subscriber - to an individual or to a subscriber - a legal entity or individual entrepreneur and user of the communication services of such a subscriber, reliable information about which is provided to the telecom operator in accordance with the rules for the provision of communication services, unless otherwise provided by this Federal Law. A subscriber - a legal entity or individual entrepreneur - is required to provide the telecom operator with information about users of communication services in accordance with the rules for the provision of communication services. The requirements of this paragraph do not apply to contracts for the provision of mobile radiotelephone communication services concluded in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and the legislation of the Russian Federation on the procurement of goods, works, services certain types legal entities.

The rules for the provision of communication services may establish cases in which it is not necessary to provide the telecom operator with information about users of the subscriber’s communication services - legal entity or individual entrepreneur.

(see text in the previous edition)

2. The rules for the provision of communication services are approved by the Government of the Russian Federation.

The rules for the provision of communication services regulate the relationship between users of communication services and communication operators when concluding and executing an agreement for the provision of communication services, the procedure for identifying users of communication services for data transfer and providing access to the information and telecommunications network "Internet" and the terminal equipment they use, as well as the procedure and grounds for suspension of the provision of communication services under a contract and termination of such an agreement, features of the provision of communication services, rights and obligations of communication operators and users of communication services, form and procedure for payment for communication services provided, procedure for filing and consideration of complaints, claims of users of communication services, liability of the parties .

(see text in the previous edition)

3. In case of violation by a user of communication services of the requirements established by this Federal Law, the rules for the provision of communication services or an agreement for the provision of communication services, including violation of the terms of payment for communication services provided to him, determined by the terms of the agreement for the provision of communication services, the telecom operator has the right to suspend provision of communication services until the violation is eliminated, except for cases established by this Federal Law.

(see text in the previous edition)

If such a violation is not eliminated within six months from the date the user of communication services receives a written notice from the communication operator of the intention to suspend the provision of communication services, the communication operator unilaterally has the right to terminate the contract for the provision of communication services, except for the cases established by this Federal Law.

(see text in the previous edition)

4. A subscriber to whom a subscriber number has been allocated on the basis of an agreement for the provision of communication services has the right to retain this subscriber number within the territory determined by the Government of the Russian Federation, subject to termination of the current agreement for the provision of communication services, repayment of debt for payment for communication services and the conclusion of a new one an agreement for the provision of communication services with another mobile radiotelephone operator.

The subscriber's fee for using a saved subscriber number, established by the mobile radiotelephone operator when concluding a new contract for the provision of communication services, cannot exceed one hundred rubles.

5. If the telecom operator attracts other persons to provide content services, with the exception of communication services provided through a single portal of state and municipal services, the telecom operator, based on the subscriber’s request, is obliged to create a separate personal account intended only for payment for these communication services within the limits of the funds in the specified personal account. In the absence of the specified request, payment for these communication services is carried out in the manner established by paragraph three of this paragraph.

Provision of other services that are technologically inextricably linked with mobile radiotelephone communication services and aimed at increasing their consumer value, is carried out with the consent of the subscriber, expressed through his performance of actions that uniquely identify the subscriber and allow him to reliably establish his will to receive these services.

Before obtaining the subscriber's consent to provide other communication services that are technologically inextricably linked with mobile radiotelephone communication services and aimed at increasing their consumer value, including content services, the telecom operator must provide the subscriber with information on tariffs for services and summary of these services, as well as about the person providing a specific service and the personal account from which the debit is made Money to pay for such services.

Payments for services provided to the subscriber are made by the telecom operator.

6. A person acting on behalf of a telecom operator, when concluding an agreement for the provision of mobile radiotelephone communication services, is obliged to enter into it reliable information about the subscriber, the list of which is established by the rules for the provision of communication services, and send one copy of the signed agreement to the telecom operator within ten days after it conclusion, unless a shorter period is provided for in the specified agreement.

The telecom operator is obliged to verify the accuracy of information about the subscriber and information about users of communication services of the subscriber - a legal entity or individual entrepreneur, including those represented by a person acting on behalf of the telecom operator, in accordance with this Federal Law and the rules for the provision of communication services.