Елена Самтынова
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Уполномоченный при Президенте РФ по защите прав предпринимателей Борис Титов обратился к главе Минфина России Антону Силуанову с предложением изменить условия формирования реестра недобросовестных поставщиков по госзакупкам. Как считает бизнес-омбудсмен, Федеральный закон от 5 апреля 2013 г. № 44-ФЗ «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд» (далее – Закон № 44-ФЗ) допускает злоупотребление заказчиком правом на односторонний отказ от исполнения контракта: заказчик вправе самостоятельно включить в контракт основания для одностороннего отказа от его исполнения, что подкреплено и позицией Верховного Суда Российской Федерации («Обзор судебной практики применения законодательства Российской Федерации о контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд», утвержденный Президиумом Верховного Суда РФ 28 июня 2017 г.). Сведения о поставщике после этого вносятся в реестр недобросовестных поставщиков, последствием чего является невозможность поставщика на протяжении двух лет участвовать в государственных и муниципальных закупках (ч. 9 ст. 95, ч. 9 ст. 104 Закона № 44-ФЗ).
С какой даты следует начинать отсчет 2-летнего срока, по истечении которого информация о недобросовестном поставщике должна быть исключена из РНП? Ответ – в «Энциклопедии решений» системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
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Борис Титов отмечает, что ФАС России, рассматривая вопрос о внесении подрядчика в реестр недобросовестных поставщиков, только в 2019 году установила безосновательность отмены почти 36% сделок, то есть при отсутствии виновных действий поставщиков. В этой связи Уполномоченный по защите прав предпринимателей предложил Министру финансов РФ регламентировать в законодательстве о госзакупках и об антимонопольной деятельности вопросы:
о праве поставщика на обжалование решения о расторжении контракта во внесудебном порядке в антимонопольном органе; об ответственности для должностных лиц госзаказчика за необоснованное включение сведений о поставщике в реестр недобросовестных поставщиков, если таковое будет установлено решением арбитражного суда.
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Статья представляет интересный взгляд на данную тему и содержит ряд полезной информации. Понравилась аккуратная структура и логическое построение аргументов.
Автор статьи предоставляет факты и аргументы, не влияя на читателя своими собственными предпочтениями или предвзятостью.
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Я хотел бы выразить свою благодарность автору за его глубокие исследования и ясное изложение. Он сумел объединить сложные концепции и представить их в доступной форме. Это действительно ценный ресурс для всех, кто интересуется этой темой.
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Я оцениваю тщательность и точность, с которыми автор подошел к составлению этой статьи. Он привел надежные источники и представил информацию без преувеличений. Благодаря этому, я могу доверять ей как надежному источнику знаний.
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Статья содержит анализ преимуществ и недостатков различных решений, связанных с темой.
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Автор старается подойти к теме нейтрально, чтобы предоставить читателям полную картину.
Автор предлагает аргументы, подкрепленные проверенными фактами и авторитетными источниками.
В статье явно прослеживается стремление автора к объективности и нейтральности.
Я просто не могу пройти мимо этой статьи без оставления положительного комментария. Она является настоящим примером качественной журналистики и глубокого исследования. Очень впечатляюще!
Читателям предоставляется возможность самостоятельно интерпретировать представленную информацию.
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