30 Code of Administrative Offenses of the Russian Federation who draws up protocols. Yakshur-Bodyinsky District Court of the Udmurt Republic

A revised version of the document has been prepared with changes that have not entered into force

"Code of the Russian Federation on Administrative Offenses" dated December 30, 2001 N 195-FZ (as amended on March 1, 2020)

Code of Administrative Offenses of the Russian Federation Article 7.30. Violation of the procedure for the procurement of goods, works, services to ensure public and municipal needs

1. Violation by an official of the customer, an official authorized body, an official of an authorized institution, a specialized organization of the terms of placement in a single information system in the field of procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as the unified information system in the field of procurement) of information and documents, the placement of which is provided for by law Russian Federation on the contract system in the field of procurement, during a tender, auction, except for the cases provided for in parts 1.2 and 1.3 this article, not more than two working days -

entails the imposition administrative fine on the officials in the amount of five thousand rubles; on the legal entities- fifteen thousand rubles.

(see text in previous edition)

1.1. Violation by an official of a customer, an official of an authorized body, an official of an authorized institution, a specialized organization of the terms for posting in the unified information system in the field of procurement of information and documents, the placement of which is provided for by the legislation of the Russian Federation on the contract system in the field of procurement, during a tender, auction, for except for the cases provided for by parts 1.2 and 1.3 of this article, for more than two working days -

shall entail the imposition of an administrative fine on officials in the amount of thirty thousand roubles; for legal entities - one hundred thousand rubles.

(see text in previous edition)

1.2. Violation by an official of the customer, an official of an authorized body, an official of an authorized institution, a specialized organization of the terms for posting in the unified information system in the field of procurement information and documents, the placement of which is provided for by the legislation of the Russian Federation on the contract system in the field of procurement, when conducting a request for quotations, a request for proposals , procurement from a single supplier (contractor, performer) for no more than one working day -

shall entail the imposition of an administrative fine on officials in the amount of three thousand roubles; for legal entities - ten thousand rubles.

(see text in previous edition)

1.3. Violation by an official of the customer, an official of an authorized body, an official of an authorized institution, a specialized organization of the terms for posting in the unified information system in the field of procurement information and documents, the placement of which is provided for by the legislation of the Russian Federation on the contract system in the field of procurement, when conducting a request for quotations, a request for proposals , procurement from a single supplier (contractor, performer) for more than one working day -

(see text in previous edition)

1.4. Placing by an official of the customer, an official of an authorized body, an official of an authorized institution, a specialized organization in a unified information system in the field of procurement or sending to an operator electronic platform information and documents to be placed, sent, in violation of the requirements provided for by the legislation of the Russian Federation on the contract system in the field of procurement, or violation named persons the procedure for providing tender documentation or auction documentation, the procedure for explaining the provisions of such documentation, the procedure for accepting applications for participation in determining the supplier (contractor, performer), final proposals, with the exception of cases provided for by parts 1 - 1.3 and 1.7 of this article, -

(see text in previous edition)

shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand roubles; for legal entities - fifty thousand roubles.

(see text in previous edition)

1.5. Placement in the unified information system in the field of procurement of a notice on the implementation of the procurement or sending an invitation to participate in the determination of the supplier (contractor, performer) before ten calendar days from the date of making changes to the schedule in relation to such a purchase -

1.6. Placing in the unified information system in the field of procurement a notice of a procurement or sending an invitation to take part in the selection of a supplier (contractor, executor) if information on such a procurement is not included in the schedule, -

shall entail the imposition of an administrative fine on officials in the amount of thirty thousand roubles.

1.7. Placing in the unified information system in the field of procurement a notice of a procurement or sending an invitation to take part in the determination of a supplier (contractor, executor) if an order was issued to recognize such a purchase as unreasonable and if the violation specified in the order has not been eliminated, -

shall entail the imposition of an administrative fine on officials in the amount of thirty thousand roubles.

2. Rejection of the application for participation in the tender, refusal of admission to participate in the auction, recognition of the application for participation in the procurement of goods, work or services that do not meet the requirements of the tender documentation, auction documentation, removal of the procurement participant from participation in the tender, auction (hereinafter referred to as of this part - refusal of admission to participate in the procurement) on grounds not provided for by the legislation of the Russian Federation on the contract system in the field of procurement, recognition of the application for participation in the tender as appropriate, corresponding to the requirements of the tender documentation, recognition of the application for participation in the auction as proper, relevant documentation on the auction, in the event that the participant who submitted such an application should be denied admission to participate in the procurement in accordance with the requirements of the legislation of the Russian Federation on the contract system in the field of procurement, or violation of the procedure for opening envelopes with applications for participation in the tender, closed auction and (or) opening access to such applications submitted in the form electronic documents, violation of the procedure for consideration and evaluation of such applications, final proposals of procurement participants, established by the tender documentation, -

shall entail the imposition of an administrative fine on officials in the amount of 1 percent of the initial (maximum) price of the contract, but not less than five thousand rubles and not more than thirty thousand rubles.

(see text in previous edition)

2.1. Violation of the requirements for the content of the protocol drawn up in the course of determining the supplier (contractor, performer) provided for by the legislation of the Russian Federation on the contract system in the field of procurement, -

shall entail the imposition of an administrative fine on officials in the amount of ten thousand roubles.

(see text in previous edition)

3. Non-placement by an official of a customer, an official of an authorized body, an official of an authorized institution, a specialized organization in a unified information system in the field of procurement of information and documents, the placement of which is provided for in accordance with the legislation of the Russian Federation on the contract system in the field of procurement -

shall entail the imposition of an administrative fine on officials in the amount of fifty thousand roubles; for legal entities - five hundred thousand roubles.

(see text in previous edition)

4. Establishing the procedure for consideration and evaluation of applications for participation in the determination of the supplier (contractor, performer), final proposals of procurement participants, requirements for procurement participants, the amount of security for applications for participation in the determination of the supplier (contractor, performer), the amount and methods of securing the execution of the contract , not provided for by the legislation of the Russian Federation on the contract system in the field of procurement, as well as the requirements for the submission by procurement participants as part of the application for participation in determining the supplier (contractor, performer) of information and documents not provided for by the legislation of the Russian Federation on the contract system in the field of procurement -

shall entail the imposition of an administrative fine on officials in the amount of 1 percent of the initial (maximum) price of the contract, the price of the contract concluded with sole supplier(contractor, performer), but not less than five thousand rubles and not more than thirty thousand rubles.

(see text in previous edition)

4.1. Inclusion in the description of the procurement object of requirements and instructions regarding trademarks, service marks, brand names, patents, utility models, industrial designs, the name of the place of origin of the goods or the name of the manufacturer, requirements for goods, information, works, services, provided that such requirements entail a restriction on the number of procurement participants, except as provided for by the legislation of the Russian Federation on the contract system in the field of procurement, or inclusion in the composition of one lot, the object of procurement of goods, works, services, technologically and functionally unrelated, -

shall entail the imposition of an administrative fine on officials in the amount of 1 percent of the initial (maximum) price of the contract, but not less than ten thousand rubles and not more than fifty thousand rubles.

(see text in previous edition)

4.2. Approval of tender documentation, documentation of an auction, documentation of a request for proposals, determination of the content of a notice of a request for quotations in violation of the requirements provided for by the legislation of the Russian Federation on the contract system in the field of procurement, except for the cases provided for by Parts 4 and 4.1 of this Article -

shall entail the imposition of an administrative fine on officials in the amount of three thousand roubles.

(see text in previous edition)

6. Rejection of the application for participation in the request for quotations, removal of the procurement participant from participation in the request for proposals (hereinafter in this part - refusal of admission to participate in the request) on the grounds not provided for by the legislation of the Russian Federation on the contract system in the field of procurement, recognition of the application for participation in the request for quotations, request for proposals, final offer in accordance with the requirements of the notice on the request for quotations, documentation on the request for proposals in the event that the procurement participant who submitted such an application should be denied admission to participate in the request in accordance with the requirements of the legislation of the Russian Federation on the contract system in the field of procurement, or violation of the procedure for opening envelopes with applications for participation in the request for quotations, request for proposals, with final proposals and (or) opening access to such applications submitted in the form of electronic documents, final proposals, violation of the procedure for consideration and evaluation of applications for participation in the request for proposals, final proposals, established by the documentation on the request for proposals, -

shall entail the imposition of an administrative fine on officials in the amount of 5 per cent of the initial (maximum) price of the contract, but not more than thirty thousand roubles.

(see text in previous edition)

7. Recognition of the winner of the determination of the supplier (contractor, executor) in violation of the requirements of the legislation of the Russian Federation on the contract system in the field of procurement -

shall entail the imposition of an administrative fine on officials in the amount of fifty thousand roubles.

(see text in previous edition)

8. Reducing the deadlines for filing applications for participation in the selection of a supplier (contractor, performer), except in cases where the legislation of the Russian Federation on the contract system in the field of procurement allows the reduction of the specified periods, or violation of the procedure and deadlines for canceling the determination of a supplier (contractor, performer) -

shall entail the imposition of an administrative fine on officials in the amount of thirty thousand roubles.

(see text in previous edition)

10. Violation by the operator of the electronic platform

1. Violation by an official of a customer, an official of an authorized body, an official of an authorized institution, a specialized organization of the terms for posting information in the unified information system in the field of procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as the unified information system in the field of procurement) and documents, the placement of which is provided for by the legislation of the Russian Federation on the contract system in the field of procurement, during a tender, auction, except for cases provided for in parts 1.2 and 1.3 of this article, for no more than two business days -

shall entail the imposition of an administrative fine on officials in the amount of five thousand roubles; for legal entities - fifteen thousand rubles.

shall entail the imposition of an administrative fine on officials in the amount of thirty thousand roubles; for legal entities - one hundred thousand rubles.

shall entail the imposition of an administrative fine on officials in the amount of three thousand roubles; for legal entities - ten thousand rubles.

1.4. Placement by an official of a customer, an official of an authorized body, an official of an authorized institution, a specialized organization in a unified information system in the field of procurement or sending to an operator of an electronic site of information and documents to be placed, sent, in violation of the requirements provided for by the legislation of the Russian Federation on the contract system in in the field of procurement, or violation by the said persons of the procedure for providing tender documentation or auction documentation, the procedure for explaining the provisions of such documentation, the procedure for accepting applications for participation in determining the supplier (contractor, performer), final offers, except for the cases provided for in parts 1 - 1.3 and 1.7 of this article,

shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand roubles; for legal entities - fifty thousand roubles.

1.5. Posting in the unified information system in the field of procurement a notice of a procurement or sending an invitation to participate in the selection of a supplier (contractor, performer) earlier than ten calendar days from the date of making changes to the schedule in relation to such a procurement -

shall entail the imposition of an administrative fine on officials in the amount of thirty thousand roubles.

2. Rejection of the application for participation in the tender, refusal of admission to participate in the auction, recognition of the application for participation in the procurement of goods, work or services that do not meet the requirements of the tender documentation, auction documentation, removal of the procurement participant from participation in the tender, auction (hereinafter referred to as of this part - refusal of admission to participate in the procurement) on grounds not provided for by the legislation of the Russian Federation on the contract system in the field of procurement, recognition of the application for participation in the tender as appropriate, corresponding to the requirements of the tender documentation, recognition of the application for participation in the auction as proper, relevant documentation on the auction, in the event that the participant who submitted such an application should be denied admission to participate in the procurement in accordance with the requirements of the legislation of the Russian Federation on the contract system in the field of procurement, or violation of the procedure for opening envelopes with applications for participation in the tender, closed auction and (or) opening access to such bids filed in the form of electronic documents, violation of the procedure for consideration and evaluation of such bids, final offers of procurement participants, established by the tender documentation -

shall entail the imposition of an administrative fine on officials in the amount of ten thousand roubles.

shall entail the imposition of an administrative fine on officials in the amount of fifty thousand roubles; for legal entities - five hundred thousand roubles.

shall entail the imposition of an administrative fine on officials in the amount of 1 percent of the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer), but not less than five thousand rubles and not more than thirty thousand rubles.

4.1. Inclusion in the description of the procurement object of requirements and instructions regarding trademarks, service marks, trade names, patents, utility models, industrial designs, appellation of origin or manufacturer's name, requirements for goods, information, works, services, provided that such requirements entail limiting the number of procurement participants, with the exception of cases provided for by the legislation of the Russian Federation on the contract system in the field of procurement, or including in one lot, the object of procurement of goods, works, services that are technologically and functionally unrelated, -

shall entail the imposition of an administrative fine on officials in the amount of 5 per cent of the initial (maximum) price of the contract, but not more than thirty thousand roubles.

shall entail the imposition of an administrative fine on officials in the amount of thirty thousand roubles.

10. Violation by the operator of the electronic site of the procedure for holding an auction in electronic form(hereinafter - the electronic auction), as well as the procedure for accreditation of the participant electronic auction established by the legislation of the Russian Federation on the contract system in the field of procurement -

shall entail the imposition of an administrative fine in the amount of three hundred thousand roubles.

11. Purchasing goods, works, services to meet state and municipal needs from small businesses that are socially oriented non-profit organizations in an amount less than the amount provided for by the legislation of the Russian Federation on the contract system in the field of procurement -

shall entail the imposition of an administrative fine on officials in the amount of fifty thousand roubles.

13. Violation of the deadlines provided for by the legislation of the Russian Federation on the contract system in the field of procurement for signing protocols during a tender, auction, request for quotations, request for proposals, for no more than two working days -

shall entail the imposition of an administrative fine on officials in the amount of three thousand roubles.

14. Violation of the terms stipulated by the legislation of the Russian Federation on the contract system in the field of procurement for signing protocols during a tender, auction, request for quotations, request for proposals, for more than two working days -

shall entail the imposition of an administrative fine on officials in the amount of thirty thousand roubles.

15. Violation by an official of the customer, an official of the authorized body of the terms for placing orders for the supply of goods, performance of work, provision of services under the state defense order, established by the Government of the Russian Federation in accordance with the legislation of the Russian Federation on state defense order, -

shall entail the imposition of an administrative fine in the amount of thirty thousand to fifty thousand roubles.

Notes:

1. Prior to the commissioning of a unified information system in the field of procurement administrative responsibility, provided for by this article, is applied in case of violation of the terms for posting information and documents, the placement of which is provided for by the legislation of the Russian Federation on the contract system in the field of procurement, on the official website of the Russian Federation in the information and telecommunication network "Internet" for posting information on placing orders for the supply of goods , performance of works, provision of services.

2. The time of committing an administrative offense provided for by part 11 of this article is the date of the end of the calendar year.

The provisions of Article 7.30 of the Code of Administrative Offenses of the Russian Federation are used in the following articles:

Violation of the procedure for mandatory bidding in accordance with the legislation of the Russian Federation, sale of state-owned or municipal property, the procedure for concluding contracts based on the results of such auctions and sales, or if such auctions are declared invalid
1. Non-posting, in accordance with the legislation of the Russian Federation, of information on the holding of auctions, which are obligatory in accordance with the legislation of the Russian Federation, or the sale of state or municipal property, except for the cases provided for by Articles 7.30 and 7.32.3 of the Code of Administrative Offenses of the Russian Federation -
Control bodies in the field of procurement in accordance with the legislation of the Russian Federation on the contract system in the field of procurement
1. The control bodies in the field of procurement consider cases of administrative offenses provided for by parts 1 - 2.1, 4 of Article 7.29, parts 1 - 4.2, 6 - 8, 10, 11, 13, 14 of Article 7.30, part 2 of Article 7.31, Article 7.31. 1, parts 1 - 6 of article 7.32, part 1 of article 7.32.5, article 7.32.6 (within their powers, with the exception of the state defense order), part 11 of article 9.16 (with the exception of the state defense order and the state secret), Part 7 of Article 19.5, Article 19.7.2 (with the exception of the scope of the state defense order and the scope of state secrets) of the Code of Administrative Offenses of the Russian Federation.
federal body executive power exercising the functions of control and supervision in the field of the state defense order

Full text of Art. 7.30 of the Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 7.30 of the Code of Administrative Offenses of the Russian Federation.

(Name as amended, entered into force on January 1, 2014 by Federal Law No. 396-FZ of December 28, 2013.

1. Violation by an official of a customer, an official of an authorized body, an official of an authorized institution, a specialized organization of the terms for posting information in the unified information system in the field of procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as the unified information system in the field of procurement) and documents, the placement of which is provided for by the legislation of the Russian Federation on the contract system in the field of procurement, during a tender, auction, except for the cases provided for in parts 1.2 and 1.3 of this article, for no more than two working days -
shall entail the imposition of an administrative fine on officials in the amount of five thousand roubles; for legal entities - fifteen thousand rubles.

(The part was additionally included from August 22, 2009 by Federal Law No. 160-FZ of July 17, 2009; as amended by Federal Law No. 396-FZ of December 28, 2013.

2. Rejection of the application for participation in the tender, refusal of admission to participate in the auction, recognition of the application for participation in the procurement of goods, work or services that do not meet the requirements of the tender documentation, auction documentation, removal of the procurement participant from participation in the tender, auction (hereinafter referred to as of this part - refusal of admission to participate in the procurement) on grounds not provided for by the legislation of the Russian Federation on the contract system in the field of procurement, recognition of the application for participation in the tender as appropriate, corresponding to the requirements of the tender documentation, recognition of the application for participation in the auction as proper, relevant documentation on the auction, in the event that the participant who submitted such an application should be denied admission to participate in the procurement in accordance with the requirements of the legislation of the Russian Federation on the contract system in the field of procurement, or violation of the procedure for opening envelopes with applications for participation in the tender, closed auction and (or) opening access to such bids filed in the form of electronic documents, violation of the procedure for consideration and evaluation of such bids, final offers of procurement participants, established by the tender documentation -
shall entail the imposition of an administrative fine on officials in the amount of 1 percent of the initial (maximum) price of the contract, but not less than five thousand rubles and not more than thirty thousand rubles.

(Part as amended by Federal Law No. 396-FZ of December 28, 2013, entered into force on January 1, 2014.

(The part was additionally included from August 22, 2009 by Federal Law No. 160-FZ of July 17, 2009; as amended by Federal Law No. 396-FZ of December 28, 2013.

(The part was additionally included from October 1, 2007 by Federal Law No. 218-FZ of July 24, 2007; as amended by Federal Law No. 396-FZ of December 28, 2013.

(The part was additionally included from August 22, 2009 by Federal Law No. 160-FZ of July 17, 2009; as amended by Federal Law No. 396-FZ of December 28, 2013.

5. The part was additionally included from October 1, 2007 by the Federal Law of July 24, 2007 N 218-FZ; invalidated from January 1, 2014 - Federal Law of December 28, 2013 N 396-FZ.

(The part was additionally included from October 1, 2007 by Federal Law No. 218-FZ of July 24, 2007; as amended by Federal Law No. 396-FZ of December 28, 2013.

9. The part was additionally included from October 1, 2007 by the Federal Law of July 24, 2007 N 218-FZ; invalidated from January 1, 2014 - Federal Law of December 28, 2013 N 396-FZ.

10. Violation by an operator of an electronic site of the procedure for conducting an auction in electronic form (hereinafter referred to as an electronic auction), as well as the procedure for accrediting a participant in an electronic auction, established by the legislation of the Russian Federation on the contract system in the field of procurement, -
shall entail the imposition of an administrative fine in the amount of three hundred thousand roubles.

(The part was additionally included from October 1, 2007 by Federal Law No. 218-FZ of July 24, 2007; as amended by Federal Law No. 396-FZ of December 28, 2013.

11. Procurement of goods, works, services to meet state and municipal needs from small businesses, socially oriented non-profit organizations in an amount less than the amount provided for by the legislation of the Russian Federation on the contract system in the field of procurement, -
shall entail the imposition of an administrative fine on officials in the amount of fifty thousand roubles.

(The part was additionally included from August 22, 2009 by Federal Law No. 160-FZ of July 17, 2009; as amended by Federal Law No. 396-FZ of December 28, 2013.

12. The part was additionally included from August 22, 2009 by the Federal Law of July 17, 2009 N 160-FZ; invalidated from January 1, 2014 - Federal Law of December 28, 2013 N 396-FZ.

(The part was additionally included from August 22, 2009 by Federal Law No. 160-FZ of July 17, 2009; as amended by Federal Law No. 396-FZ of December 28, 2013.

15. Violation by an official of a customer, an official of an authorized body of the terms for placing orders for the supply of goods, performance of work, provision of services under the state defense order, established by the Government of the Russian Federation in accordance with the legislation of the Russian Federation on the state defense order, -
shall entail the imposition of an administrative fine in the amount of thirty thousand to fifty thousand roubles.

(The part is additionally included from December 13, 2013 by the Federal Law of December 2, 2013 N 326-FZ)
Notes:
1. Prior to the commissioning of a unified information system in the field of procurement, the administrative responsibility provided for by this article shall apply in case of violation of the terms for posting information and documents, the placement of which is provided for by the legislation of the Russian Federation on the contract system in the field of procurement, on the official website of the Russian Federation in the information telecommunications network "Internet" for placing information on placing orders for the supply of goods, performance of work, provision of services.

2. The time of committing an administrative offense provided for by part 11 of this article is the date of the end of the calendar year.

(Notes are additionally included from January 1, 2014 by Federal Law No. 396-FZ of December 28, 2013)
(The article was additionally included from February 8, 2006 by the Federal Law of February 2, 2006 N 19-FZ)

Commentary on Article 7.30 of the Code of Administrative Offenses of the Russian Federation

1. Administrative offenses, liability for which is provided for in the commented article, encroach on the procedure for placing orders for the supply of goods, performance of work and provision of services for state or municipal needs, established by Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" (as amended and supplemented) and by-laws adopted in accordance with it.

2. From January 1, 2011 Art. 17 federal law dated May 8, 2010 N 83-FZ "On amendments to certain legislative acts Russian Federation in connection with the improvement legal status state (municipal) institutions". In accordance with paragraph 4 of the said article, the name and parts 2 and 12 of the commented article are set out in new edition, other parts of it have also been amended. These changes are related to the granting of the status of customers of goods, works and services to all budgetary institutions. It will be extended to all budgetary institutions legal regime, provided for by the Federal Law of July 21, 2005 N 94-FZ for the needs of customers, including budgetary institutions, and not only for state and municipal needs. Thus, the circle of customers is significantly expanded.

3. The objective aspects of the composition of administrative offenses under part 1 of the commented article are the following unlawful acts:

Violation for no more than 2 working days of the terms of publication in the official print media or the terms of placement on the official website on the Internet of information subject to mandatory publication on the placement of orders through bidding;

Violation for no more than 2 working days of the deadline for sending invitations to participate in closed competition or auction, protocols for opening envelopes with applications for participation in a closed tender, protocols for evaluating and comparing applications for participation in a closed tender, protocols for considering applications for participation in a closed auction, protocols for an auction.

4. The objective aspects of the composition of administrative offenses under part 1.1 of the commented article are the following illegal acts:

Violation for more than two working days of the terms for publishing in the official print media or the terms for posting on the official website on the Internet information on placing an order by bidding, which is subject in accordance with the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for the needs ordering such publication or such placement;

Violation for more than two working days of the deadlines for sending invitations to take part in a closed tender or auction, protocols for opening envelopes with applications for participation in a closed tender, protocols for evaluating and comparing applications for participation in closed tender, protocols of consideration of applications for participation in a closed auction, protocols of the auction.

5. objective side composition of administrative offenses under part 1.2 of the commented article consists in violating by no more than one working day the terms for publishing in the official printed publication or the terms for posting on the official website on the Internet information on placing an order by requesting quotations, subject in accordance with the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for the needs of customers to such publication or such placement.

6. The objective side of the composition of administrative offenses under part 1.3 of the commented article is the violation of more than one business day of the terms of publication in the official print media or the terms of posting on the official website on the Internet information on placing an order by requesting quotations subject to such publication or such placement.

7. The objective aspects of the composition of administrative offenses under part 1.4 of the commented article are the following illegal acts:

Publication in the official printed publication or placement on the official website on the Internet of information on placing an order, subject, in accordance with the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for the needs of customers, to such publication or such placement, in violation of the requirements of the law of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state or municipal needs;

Violation of the procedure for providing tender documentation or auction documentation, the procedure for explaining such documentation, the procedure for accepting applications for participation in the competition, applications for participation in the auction or applications for participation in the request for quotations.

8. The subjects of administrative offenses under parts 1, 1.1 - 1.4 of the commented article are:

An official of a state or municipal customer;

Executive federal body executive power, an executive body of a constituent entity of the Russian Federation, a body local government authorized to carry out the functions of placing orders for the supply of goods, performance of work, provision of services for state or municipal needs for state or municipal customers;

Executive budget institution- customer;

A legal entity engaged on the basis of an agreement to carry out the functions of placing an order for the supply of goods, performance of work, provision of services for state or municipal needs through bidding (specialized organization).

9. The objective side of the composition of administrative offenses under part 2 of the commented article is:

Violation of the procedure for opening envelopes with applications for participation in a tender for the right to conclude a state or municipal contract for the supply of goods, performance of work, provision of services for state or municipal needs;

Violation of the procedure for opening access to applications submitted in the form of electronic documents for participation in the competition for the right to conclude a state or municipal contract;

Violation of the procedure for evaluating and comparing applications for participation in the competition (the subject of the listed administrative offenses is a member of the competition commission);

Violation of the procedure for selecting bidders or auction participants for the right to conclude a contract, including denial of admission to participate in a bidding or auction on grounds not provided for by the legislation of the Russian Federation on placing orders (the subject of these administrative offenses is a member of the bidding or auction commission);

Violation of the procedure for holding an auction (the subject of this administrative offense is a member of the auction or a single commission).

10. The objective side of the composition of administrative offenses under part 2.1 of the commented article lies in the violation of the requirements for the content of the protocol drawn up during the tender, auction, request for quotations provided for by the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for the needs of customers.

The subjects of administrative offenses under part 2.1 of the commented article are:

Official of the customer;

11. The objective side of the composition of administrative offenses under part 3 of the commented article is the non-publication or non-posting on the official website on the Internet of information on placing orders subject to such publication or placement.

The subjects of administrative offenses under the third commented article are:

Official of the customer;

An official of the executive authority, local self-government, authorized to carry out the functions of placing orders;

specialized organization;

The editorial office of the official printed publication, which provides services for maintaining the official website on the Internet and ensuring the functioning of such a website by the organization.

12. The objective aspects of the composition of administrative offenses under part 4 of the commented article consist in establishing criteria for evaluating applications for participation in the tender and (or) their significance, requirements for participants in the placement of orders, to the amount of security for bids for participation in a tender or auction, the amount and methods of securing the execution of a contract, the submission by participants in the placement of an order as part of a quotation bid for participation in a tender, an application for participation in an auction of documents and information not provided for by the legislation on placing orders, as well as the inclusion in one lot of goods, works, services that are technologically and functionally unrelated to each other.

13. The objective side of the composition of administrative offenses under part 4.1 of the commented article is to include in the tender documentation, auction documentation or in the notice of the request for quotations an indication of trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the place of origin of the goods or the name of the manufacturer, as well as the requirements for the goods, information, works, services, if such requirements entail a restriction on the number of participants in the order placement.

14. The objective side of the composition of an administrative offense under part 4.2 of the commented article is the approval of tender documentation, auction documentation that does not meet the requirements stipulated by the legislation of the Russian Federation on placing orders.

15. The subjects of administrative offenses under parts 4, 4.1, 4.2 of the commented article are:

Official of the customer;

16. The objective aspects of the composition of administrative offenses under part 5 of the commented article are the following illegal acts:

The subjects of administrative offenses under part 5 of the commented article are:

An official of the body authorized to maintain the official website on the Internet;

The editorial office of the official printed publication that provides services for maintaining the official website on the Internet and ensuring the functioning of such a website by the organization.

17. The objective side of the elements of administrative offenses under part 6 of the commented article is the rejection of a quotation bid on grounds not provided for by the legislation on placing orders, and (or) consideration of a quotation bid, which should be rejected.

The subject of administrative offenses under part 6 of the commented article is a member of a quotation or a single commission.

18. The objective side of the composition of the administrative offense under part 7 of the commented article is the selection of the winner of the auction, the winner in the request for quotations in violation of the requirements of the law on placing orders.

The subject of an administrative offense under part 7 of the commented article is a member of a competitive, auction, quotation or unified commission.

19. The objective side of the composition of an administrative offense under part 8 of the commented article is to reduce the deadlines for filing bids for participation in the tender, bids for participation in the auction, quotation bids, except in cases where the legislation on placing orders allows the reduction of these terms.

The subjects of administrative offenses under part 8 of the commented article are:

Official of the customer;

An official of the executive authority, local self-government body authorized to carry out the functions of placing orders;

Member of the competitive, auction, quotation or unified commission.

20. The objective side of the composition of administrative offenses under part 9 of the commented article is a violation of those regulated in Art. 16 of the Federal Law of July 21, 2005 N 94-FZ and in Decree of the Government of the Russian Federation of March 10, 2007 N 147 of the procedure for using the official website on the Internet for placing information on placing orders and requirements for technological, software, linguistic, legal, organizational means of ensuring the use of the specified site.

The subjects of administrative offenses under part 9 of the commented article are:

An official of the body authorized to maintain the official website on the Internet;

An organization that provides services for maintaining an official website on the Internet and ensuring the functioning of such a website.

21. The objective aspects of the composition of administrative offenses under part 10 of the commented article are:

Violation of the procedure for holding an open auction in electronic form, the subjects of which are an official of the customer; an official of the executive authority, local self-government body authorized to carry out the functions of placing orders; operator of the electronic platform;

Violation of the procedure for accreditation of participants in the placement of an order, the subject of which is the operator of the electronic site.

22. In accordance with Part 1 of Art. 15 of the Federal Law of July 21, 2005 N 94-FZ government customers, except for cases of placing orders for the supply of goods, performance of work, provision of services for the needs of the country's defense and state security, and municipal customers are obliged to place orders with small businesses in the amount of not less than ten and not more than twenty percent of the total annual supply of goods, performance of work, provision of services in accordance with the List of goods, works, services established by the Government of the Russian Federation in the Decree of November 4, 2006 Mr. N 642, through bidding, request for quotations, in which the participants in the placement of the order are such entities.

The objective side of the administrative offense under part 11 of the commented article is the failure to place orders with small businesses in the amount provided for by the legislation of the Russian Federation on placing orders, namely, not less than 10 percent of the total annual volume according to the List in the specified Decree of the Government of the Russian Federation.

The objective side of the administrative offense under part 12 of the commented article is to place orders with small businesses in the amount of more than 20 percent of the total annual supply of goods, work, services for the needs of the customer in accordance with the List of goods, works, services established by Government of the Russian Federation dated November 4, 2006 N 642, through bidding, request for quotations.

The subject of an administrative offense under parts 11 and 12 of the commented article is an official of a state or municipal customer.

23. The objective side of the administrative offense under part 13 of the commented article is the violation of no more than two working days of the deadlines provided for by the legislation of the Russian Federation on placing orders for signing protocols during a tender, auction, request for quotations.

24. The objective side of the administrative offense under part 14 of the commented article is the violation of more than two working days of the deadlines provided for by the legislation of the Russian Federation on placing orders for signing protocols during a tender, auction, request for quotations.

25. The subjects of an administrative offense under parts 13, 14 of the commented article are:

Member of the competitive, auction, quotation or unified commission;

Official of the customer;

An official of an executive authority, a local self-government body authorized to carry out the functions of placing orders.

26. C subjective side These offenses can be committed both intentionally and negligently.

27. Cases of these administrative offenses are considered by officials of executive authorities authorized to exercise control in the field of placing orders for the supply of goods, performance of work, provision of services for the needs of customers (Article 23.66).

Protocols on administrative offenses are drawn up by officials of these bodies (part 1 of article 28.3).

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Code of the Russian Federation on Administrative Offenses:

Article 7.30 of the Code of Administrative Offenses of the Russian Federation. Violation of the procedure for the procurement of goods, works, services to meet state and municipal needs

1. Violation by an official of a customer, an official of an authorized body, an official of an authorized institution, a specialized organization of the terms for posting information in the unified information system in the field of procurement of goods, works, services to meet state and municipal needs (hereinafter referred to as the unified information system in the field of procurement) and documents, the placement of which is provided for by the legislation of the Russian Federation on the contract system in the field of procurement, during a tender, auction, except for the cases provided for in parts 1.2 and 1.3 of this article, for no more than two working days -