The functions and powers of the contract service include: On approval of standard documents for the creation of a contract service for customers in the Voronezh region, the appointment of a contract manager

1. Customers whose total annual procurement volume exceeds one hundred million rubles create contract services (in this case, the creation of a special structural unit is not mandatory).

2. If the total annual volume of purchases of the customer does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints an official responsible for the implementation of the purchase or several purchases, including the execution of each contract (hereinafter referred to as the contract manager).

(see text in the previous edition)

3. The contract service operates in accordance with the regulations (regulations) developed and approved on the basis of the standard regulations (regulations) approved by the federal executive body for regulating the contract system in the field of procurement.

4. The contract service and the contract manager perform the following functions and powers:

1) develop a procurement plan, prepare changes for inclusion in the procurement plan, place the procurement plan and the changes made to it in a unified information system;

2) develop a schedule, prepare changes for inclusion in the schedule, place the schedule and changes made to it in a unified information system;

3) carry out the preparation and placement in a unified information system of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the determination of suppliers (contractors, performers) in closed ways;

4) ensure the implementation of procurement, including the conclusion of contracts;

5) participate in the consideration of cases on appealing the results of identifying suppliers (contractors, performers) and prepare materials for carrying out claim work;

(see text in the previous edition)

6) organize, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participate in such consultations in order to determine the state of the competitive environment in the relevant markets for goods, works, services, determine the best technologies and other solutions to meet state and municipal needs ;

7) exercise other powers provided for by this Federal Law.

5. When centralizing procurement in accordance with Part 1 of Article 26 of this Federal Law, the contract service, the contract manager exercise the powers provided for by this Federal Law and not transferred to the relevant authorized body, authorized institution, which exercise the powers to identify suppliers (contractors, performers). In this case, the contract service and the contract manager bear responsibility within the limits of the powers they exercise.

6. Contract service employees and contract managers must have higher education or additional professional education in the field of procurement.

The resolution on the contract service and the procedure for its creation is regulated in Federal Law 44 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.” According to it, customers whose turnover is 100 million or more in no more than a year of activity in the field of public procurement are required to create a department for drawing up and concluding contracts and their control, or appoint a contract manager. How to do this and what requirements must be met?

To create a service, you need to prepare and adjust a number of documents:

• Adjust the structure of the enterprise organization, change the composition of the staff and their work schedule;
• Issue a decree on the creation of a unit for concluding and monitoring transactions related to public procurement, and the appointment of a certain number of staff members and the head of the unit to its composition, starting from the date specified in the order;
• Register a standard resolution on the division of service under contracts;
• Create labor regulations and approve them;
• Sign employment agreements with employees.

After this, the new department of the enterprise will be launched, in accordance with the legal norms prescribed in Federal Law 44 p.38.

Composition of the contract service under 44 Federal Laws

According to Federal Law No. 44, there are three types of formation of a department to control the preparation and execution of transactions:

• With a separate structural department;
• Without a separate structural department;
• Creation of a contract manager position.

According to the law, the choice of the type of creation of a department responsible for concluding and conducting government procurement transactions depends on the amount of annual turnover according to the drawn up scheme. According to the norms of Federal Law No. 44, customers whose annual turnover according to the approved work plan is more than one hundred million rubles are required to create a contract service (Article 38. Part 1). It determines whether to form a contract service as a separate structural organization or not to change the organizational structure.

When the amount of profit from turnover for 12 months is below 100 million rubles. or equivalent to this amount, the customer can choose between forming a contract service or hiring a person to serve as a contract manager. This is the person responsible for conducting public procurement or procurement, including monitoring the execution of all procurement contracts. (Article 38.part 2).

Consequently, the customer’s right or obligation to form a new department, or hire a manager, is determined by the amount of turnover for 12 calendar months, according to the plan developed for the year. The determining amount is one hundred million rubles. Can a contract service consist of one person under 44 Federal Laws or is this a violation of the law?

The number of contract services under 44 Federal Laws must be at least two full-time units. The number and positions of employees are approved by the customer. Who can be an employee in this department? It is possible to hire and dismiss an employee in the contracts department by order of the chief customer or the person replacing and performing his powers. The department is headed by the head of the contractual unit appointed by the customer. If the service was not created as a separate division, it is headed by the deputy head of the enterprise.

A sample regulation on contract service under 44 Federal Laws with powers can be downloaded from

Responsibilities and functions

The responsibilities of the contract service under 44 Federal Laws are to carry out government procurement in full, starting with the creation of a scheme and the selection of participants in the transaction from the supplier to the contractor, and ending with an audit of the effectiveness of the implementation of the contract requirements by the parties to the transaction. Full list of service responsibilities:

• Development of a procurement scheme;
• Selection of transaction participants at all levels;
• Signing contracts and their implementation;
• Work with claims and claims from parties to the transaction.

Requirements for contract service

The law establishes certain criteria for employees, prescribed in Article 38, Part 6 of Federal Law 44. According to this paragraph, employees and managers, including, are required to have a higher or additional professional degree. education, take professional qualification courses in the field of public procurement. These standards have been made mandatory since January 2016. The period of retraining and studying retraining programs takes from 16 to 250 working hours.

Download Federal Law 44

Customers whose annual income is higher than or close to 100 million rubles should familiarize themselves with Art. 38 Federal Law 44, and study the rules and requirements for the creation and functions of the transaction department. You can download the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” at

Hello, Inna!

According to Article 38 44-FZ 1. Customers, total annual purchase volume which in accordance with the schedule exceeds one hundred million rubles, create contract services (however, the creation of a special structural unit is not mandatory). 2. If the total annual volume of purchases of the customer in accordance with the schedule does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints an official responsible for the implementation of the purchase or several purchases, including the execution of each contract (hereinafter - contract manager).

6. Contract service employees and contract managers must have higher education or additional professional education in the field of procurement.

According to Part 28 of Article 112 of 44-FZ Until March 31, 2014, customers have the right to create contract services in accordance with Article 38 of this Federal Law.

Thus,

1.)Can the chief physician of a hospital and the head of a contract service work in the same hospital?

Due to the fact that the contract service is created within the organization (institution) and is not an independent body, the head physician and the head of the contract service must work in the same hospital.

2.) Can the head of the contract service delegate all his powers to the deputy head of the contract service?

Maybe by issuing an appropriate order.

3.) Is it possible to appoint a person to the position of head of the contract service who has a certificate of advanced training five years ago, but has practically not been involved in this work, except for participating in the commission.

Due to the fact that the law does not clearly stipulate this point, it is impossible to answer this question unambiguously. Since the procedures regulated by 94-FZ and 44-FZ differ significantly, I assume not. Try asking this question for reliability to the body authorized to monitor the implementation of 44-FZ.

4.) Is it possible to create a procurement department (contract service department), the name of which is not in the regulatory documents (qualification reference books, standard provisions) of the Ministry of Labor?

A standard provision on contract service can be viewed at the link above.

I also consider it necessary to remind you that a contract service is created in an institution when the total volume of purchases for the year exceeds 100 million rubles. If the volume of purchases does not exceed this indicator, then only a contract manager can work in the institution.

The Federal Law “On Military Duty and Military Service” allows a citizen to enter into a contract with the Ministry of Defense, which provides for military service and the procedure for completing it. This document comes into force immediately after its signing and terminates from the moment the serviceman concludes another similar contract, as well as his exclusion from the lists of the military unit. Relations between the parties related to contract service are regulated by special laws, regulations, as well as regulatory and legislative state legal acts.

Contract: required information

The document includes the following points:

voluntary enrollment in military service;

Indication of the period of service;

Conscientious fulfillment of the terms of the contract, as well as all general, official and special duties;

Respect for the rights of the military man and his family, receipt of compensation and social guarantees.

Some difficulties are caused by the legal nature of the agreement under which contract service is carried out, since participants in military-service relations, which are also of a property nature, for example, the provision of monetary and other types of allowance, are not subject to civil law, including the rules of civil liability. Based on this, we can conclude that in this case, the parties who have entered into such a contract cannot be subject to the same sanctions as in case of violation of a civil contract.

Regarding the leadership of the federal executive body, which provides for military service, the right to independently indicate the specific duties and rights of a military serviceman, determined by the peculiarities of military service in a certain territory.

Differences between a contract and an employment contract

1. The normative basis of the employment contract is the Labor Code, and the contract is subject to the Federal Law “On Military Duty and Military Service,” as well as other legislative and regulatory acts.

2. The conclusion of a contract is limited to ages from 18 to 40 years.

3. The contract is concluded strictly for a certain period.

4. The employment contract provides for more stringent requirements for persons voluntarily entering military service. First of all, a citizen must meet the professional, psychological and medical requirements for certain military specialties; he must have a sufficient level of education, as well as good physical fitness.

From all of the above, we can conclude that a military contract is not part of an employment contract. This is a special agreement that has an administrative and legal basis with a clear indication of the mutual rights and obligations of the participants.

Types of contracts

Upon initial admission, an initial contract is drawn up, which is concluded with a citizen who has not previously been in the state forces on contract service. There is a special provision on contract service, on the basis of which new contracts are concluded with military personnel. The reason for this may be the expiration of the old contract, the transfer of a serviceman from the federal executive body to the Ministry of Defense, as well as a temporary suspension of military service.

In addition, contract service in the army can be regulated by short-term contracts, which are concluded to perform special one-time tasks during periods of emergency, such as large-scale natural disasters, holding special government events, restoring security, peace and constitutional order in the country, as well as much more. Of particular note are the contracts that are concluded with military personnel who have reached the age limit and wish to continue to remain in service. These can be either original contracts or new ones.

If military personnel undergo training in military educational institutions of vocational, secondary or higher education, postgraduate or doctoral studies, contract service is concluded with them for the entire duration of training, as well as for 5 years after its completion. Such agreements can be primary or new.

Duration of military contracts

Contract service has its own specific period, during which military personnel must strictly fulfill all the duties specified in the contract. After the expiration of the time specified in the contract, as well as in the absence of grounds for its further extension, the contract soldier must be dismissed and on the same day removed from the lists of personnel of the specified military unit.

For the first time the contract is concluded:

With a serviceman undergoing conscription military service, or with a citizen who enters a military position providing for the rank of sailor, soldier, sergeant or sergeant for a period of 3 years;

With a citizen of another state who enters a military position with the rank of sailor, soldier, sergeant or sergeant for a period of 5 years;

With a serviceman or citizen applying for the position of midshipman, warrant officer or officer for a period of 5 years;

With a serviceman who receives higher military education (for the entire period of training and for 5 years after its completion, while the general regulations for contract service can reach 10 years);

With a citizen who has undergone special training at a higher military center and is entering the position of officer for a period of 3 or 5 years;

The first contract with a serviceman may be concluded for a shorter period, with the condition that the total duration of his stay in the army will be 3 or 5 years.

Conditions of a contract

The main conditions include the following:

1) a citizen is obliged to remain in military service for the period established by the agreement;

2) military personnel must strictly observe the job description of the contract service, which is regulated by legislative and other regulatory documents;

3) a serviceman has the right to benefits, guarantees and compensation, as well as respect for the rights (of himself and his family members);

4) the specifics of military service are carefully spelled out in the contract and include the timing, procedure for assigning and removing military ranks, as well as the movement and promotion of a soldier up the career ladder. Contract service in the army is considered completed on the day the contract expires.

Early termination of the contract

You can terminate a contract early in the following cases:

• significant or systematic violations;
• failure to comply with the terms of the contract;
• organizational and staffing activities;
• transfer to service in the Ministry of Internal Affairs and other executive bodies;
• for health;
• for family reasons;
• the need for constant care for relatives who need it for health reasons;
• caring for a minor child who is being raised without another parent;
• vesting a serviceman with the powers of a senior government official;
• obtaining a deputy mandate;
• accusatory

Requirements for applicants for contract service

A citizen who enters contract military service must speak the state language fluently and also meet certain requirements. Medical examination of applicants is carried out in accordance with the “Regulations on Military Medical Examination”, on the basis of which a conclusion is issued on the suitability of a given citizen for military service. Professional and psychological selection is carried out by specialists who make an opinion on a citizen’s professional suitability for military service. These requirements are established by the heads of federal executive authorities or the Minister of Defense. An order for contract service can be drawn up only after all necessary procedures and measures have been carried out, on the basis of which a positive decision is made on this candidate.

Reasons for refusal to enroll in contract service

There are several main reasons:

It should be noted that any citizen who is refused to sign a contract service agreement has the right to appeal this decision to a higher authority, the prosecutor's office or court.

Application for admission to contract service

The application must provide the following information:

• Full name of the citizen, date of birth and place of residence;
• name of the body with which it is intended to conclude an agreement;
• estimated service life.

In addition to the application, you must present an identification document and proof of citizenship, as well as a completed and signed special application form, an autobiography written in free form, certified copies of a work record book and documents confirming a particular education. In addition, marriage and birth certificates (if available) will be required.

by contract

1. Monetary allowance and additional payments for length of service, qualifications, work with classified materials, special conditions of service, performance of risk-related tasks, special achievements, qualifying level of information and physical training, as well as annual financial assistance in the amount of one salary.

2. Annual compensation for round trip travel for military personnel in the Far North.

3. Food, clothing and housing provision.

4. Personal insurance.

5. Social guarantees in the field of education.

6. Payment of allowance when moving to a new duty station.

7. Social benefits when performing tasks in emergency conditions and during armed conflicts.

8. Payment of a one-time benefit upon dismissal from service.

9. Free diagnostics and treatment.

10. Free dentures.

11. Providing necessary medications.

Contract service 44-FZ

The regulation on the creation of the Federal Contract Service came into force at the beginning of 2014. This law defines the mechanisms for creating such a service. The main directions of reforming the public procurement system are personnel changes: the creation by the customer of a contract service, the appointment of a contract manager and procurement control commissions. Each contract service employee must have a professional or higher education in the field of procurement, which will allow him to perform his duties efficiently.

Why is contract service necessary? The purpose of this innovation is to responsibly and professionally implement the entire procurement cycle, from planning to obtaining a specific result. The customer himself must take care of the creation of a contract service; he also has the right to approve the structure of this unit and its number.

regulating the activities of the contract service of a budgetary institution

1. Constitution.
2. Federal Law No. 44-FZ.
3. Civil legislation.
4. Budget legislation.
5. Other regulatory legal documents.

Procedure

The full procurement cycle includes:

• planning;
• identification of supplier, contractor and performer;
• conclusion of an agreement;
• fulfillment of the terms of the contract;
• claim work.

The regulations on the contract service propose three models for its organization: with a structural unit, without it, or the appointment of a single one. According to Law No. 44-FZ, a contract service must be created by customers with an annual procurement volume of more than 100 million rubles. If such a unit is not formed, it is the customer's responsibility to appoint a contract manager - an official who will be responsible for the execution of each contract and procurement.

The provision on contract service, a sample of which contains clear step-by-step instructions, makes it possible to achieve maximum efficiency in the performance by the parties of their obligations under a specific contract. This law promotes transparency in trade relations between the customer, intermediary and contractor.

The resolution on the contract service and the procedure for its creation is regulated in Federal Law 44 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.” According to it, customers whose turnover is 100 million or more in no more than a year of activity in the field of public procurement are required to create a department for drawing up and concluding contracts and their control, or appoint a contract manager. How to do this and what requirements must be met?

To create a service, you need to prepare and adjust a number of documents:

• Adjust the structure of the enterprise organization, change the composition of the staff and their work schedule;
• Issue a decree on the creation of a unit for concluding and monitoring transactions related to public procurement, and the appointment of a certain number of staff members and the head of the unit to its composition, starting from the date specified in the order;
• Register a standard resolution on the division of service under contracts;
• Create labor regulations and approve them;
• Sign employment agreements with employees.

After this, the new department of the enterprise will be launched, in accordance with the legal norms prescribed in Federal Law 44 p.38.

Composition of the contract service under 44 Federal Laws

According to Federal Law No. 44, there are three types of formation of a department to control the preparation and execution of transactions:

• With a separate structural department;
• Without a separate structural department;
• Creation of a contract manager position.

According to the law, the choice of the type of creation of a department responsible for concluding and conducting government procurement transactions depends on the amount of annual turnover according to the drawn up scheme. According to the norms of Federal Law No. 44, customers whose annual turnover according to the approved work plan is more than one hundred million rubles are required to create a contract service (Article 38. Part 1). It determines whether to form a contract service as a separate structural organization or not to change the organizational structure.

When the amount of profit from turnover for 12 months is below 100 million rubles. or equivalent to this amount, the customer can choose between forming a contract service or hiring a person to serve as a contract manager. This is the person responsible for conducting public procurement or procurement, including monitoring the execution of all procurement contracts. (Article 38.part 2).

Consequently, the customer’s right or obligation to form a new department, or hire a manager, is determined by the amount of turnover for 12 calendar months, according to the plan developed for the year. The determining amount is one hundred million rubles. Can a contract service consist of one person under 44 Federal Laws or is this a violation of the law?

Read Federal Law-257 “On highways and road activities in the Russian Federation”

The number of contract services under 44 Federal Laws must be at least two full-time units. The number and positions of employees are approved by the customer. Who can be an employee in this department? It is possible to hire and dismiss an employee in the contracts department by order of the chief customer or the person replacing and performing his powers. The department is headed by the head of the contractual unit appointed by the customer. If the service was not created as a separate division, it is headed by the deputy head of the enterprise.

A sample regulation on contract service under 44 Federal Laws with powers can be downloaded from the link.

Responsibilities and functions

The responsibilities of the contract service under 44 Federal Laws are to carry out government procurement in full, starting with the creation of a scheme and the selection of participants in the transaction from the supplier to the contractor, and ending with an audit of the effectiveness of the implementation of the contract requirements by the parties to the transaction. Full list of service responsibilities:

• Development of a procurement scheme;
• Selection of transaction participants at all levels;
• Signing contracts and their implementation;
• Work with claims and claims from parties to the transaction.

Requirements for contract service

The law establishes certain criteria for employees, prescribed in Article 38, Part 6 of Federal Law 44. According to this paragraph, employees and managers, including, are required to have a higher or additional professional degree. education, take professional qualification courses in the field of public procurement. These standards have been made mandatory since January 2016. The period of retraining and studying retraining programs takes from 16 to 250 working hours.

Download Federal Law 44

Customers whose annual income is higher than or close to 100 million rubles should familiarize themselves with Art. 38 Federal Law 44, and study the rules and requirements for the creation and functions of the transaction department. You can download the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” by following the link.