Елена Самтынова
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Минюст России предлагает установить административную ответственность за несоблюдение требования ч. 1 ст. 30.1 Федерального закона от 5 апреля 2013 г. № 44-ФЗ «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд» о необходимости осуществления закупок для госнужд исходя из минимальной доли закупок российских товаров отдельных видов, при осуществлении закупок которых установлены ограничения допуска товаров, происходящих из иностранных государств.
Отмечено1, что в настоящее время законодательством РФ такая ответственность не предусмотрена, поэтому Минюстом России предлагается дополнить ст. 7.30 КоАП новой частью 16, в которой предусмотреть штраф для должностного лица за совершение указанного правонарушения в размере от 20 тыс. до 50 тыс. руб. При этом планируется освобождать должностное лицо от административной ответственности, если федеральный орган исполнительной власти, уполномоченный на осуществление оценки достижения заказчиком минимальной доли закупок, даст положительную оценку обоснованию невозможности достижения заказчиком минимальной доли закупок.
Ввести в действие поправки в случае их принятия предлагается с 1 января 2022 года. Антикоррупционная экспертиза и общественное обсуждение законопроекта Минюста России завершатся 14 января 2021 года.
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Напомним, постановлением Правительства РФ от 3 декабря 2020 г. № 2014 определены, в частности, минимальная доля закупок, требования к содержанию и форме отчета об объеме закупок российских товаров, а также порядок и критерии проведения оценки выполнения заказчиком обязанности достижения минимальной доли закупок, о чем портал ГАРАНТ.РУ рассказывал ранее.
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1 С текстом законопроекта «О внесении изменений в Кодекс Российской Федерации об административных правонарушениях в части установления административной ответственности за несоблюдение минимальной обязательной доли закупок российских товаров отдельных видов» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 01/05/12-20/00112175).
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