Елена Самтынова
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О соответствующих предложениях по поддержке строительной отрасли в условиях изменения цен на строительные ресурсы, сообщил1 Минстрой России на своем сайте. Согласно инициативе предложенные изменения в Федеральный закон от 5 апреля 2013 г. № 44-ФЗ «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд» коснутся государственных контрактов, предметом которых является выполнение работ по строительству, реконструкции, капитальному ремонту, сносу объекта капитального строительства, проведению работ по сохранению объектов культурного наследия.
Планируется установить новое основание для изменения существенных условий цены контракта, что позволит заказчику изменить цену контрактов, заключенных на срок не менее одного года, без необходимости заключать новый контракт. К таким основаниям могут быть отнесены случаи, когда в период исполнения контракта произошло существенное изменение стоимости одной и более позиций ценообразующих строительных ресурсов, которое привело к изменению общей стоимости выполнения работ более чем на 5%, и исполнение данного контракта по независящим от сторон обстоятельствам без изменения его условий невозможно.
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Отмечается, что предлагаемая мера поддержит строительную отрасль в меняющихся экономических условиях и нивелирует последствия, в том числе в виде повышения цен на строительную продукцию. Более того, законопроект исключит невозможность исполнения заключенных контрактов. В министерстве считают, что такая поддержка сможет обеспечить реализацию объектов капитального строительства в рамках нацпроектов.
Минстрой России, основываясь на проведенном экспертном исследовании по вопросу увеличения государственных капитальных вложений в связи с ростом цен на строительные ресурсы на примере металлических изделий, установил, что увеличение стоимости металлических изделий и конструкций на 60% приводит к росту стоимости строительства в среднем на 5%. В связи с чем предлагаемые меры дадут возможность заказчику вносить изменения в условия договора из-за изменившейся цены на строительную продукцию, что следует признать существенным обстоятельством. Действующим законодательством такое право для заказчика не установлено.
«Изменение стоимости контракта будут осуществляется как при существенном росте стоимости ценообразующих строительных материалов и оборудования, так и при снижении их стоимости», –говорится в сообщении пресс-службы министерства.
Отмечено, что Минстрой России помимо данной инициативы также разработал предложения о снижении стоимости металлопродукции на внутреннем рынке.
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1 С информацией Минстроя России можно ознакомиться на официальном сайте министерства (https://minstroyrf.gov.ru/press/minstroem-rossii-razrabotan-zakonoproekt-po-podderzhke-stroyotrasli-v-usloviyakh-izmeneniya-tsen-na-/).
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