FAS PROPOSES TO DIFFERENTIATE FINES FOR VIOLATIONS IN THE FIELD OF PUBLIC PROCUREMENT

The Authority has developed a draft law*, which is supposed to establish the minimum and maximum administrative fines for committing offences in the field of public procurement. At the moment, fixed amounts of sanctions have been established for such violations.

The minimum fine is planned to be imposed in cases when the violator prevents the consequences of his violation, as well as voluntarily compensates or eliminates the damage caused. The maximum fine will be set taking into account the nature of the offence committed.

Besides, the draft federal law provides that the violator for a number of offences will be issued a warning at first, instead of a fine. In particular, a warning will be issued in case of violations committed during the procurement procedure, during the conclusion and termination of contracts, as well as violations in the field of the Procurement Law**. Its issuance to the violator will reduce the level of administrative pressure on business.

The draft law also unifies administrative norms in connection with the transition to electronic forms of procurement procedures and provides for measures for the prompt consideration of cases of administrative offences.

* Draft Federal Law “On Amendments to the Code of Administrative Offences of the Russian Federation”
**Federal Law № 223-FZ of July 18, 2011 “On Procurement of Goods, Works and Services by Certain Types of Legal Entities”