Electricity purchase code okpd 2. Services for the transmission of electricity and technological connection to distribution power grids. The restriction on the procurement of stents for coronary arteries and catheters is no longer valid

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1 object Position code Designation Confirmed objects according to the defining requirements of the OK normative defining [OKP] / document of the normative OK document [OKPD 2] Electricity Electric Energy v / GOST PP, general-purpose electrical networks of alternating three-phase and single-phase current with a frequency of 50 Hz 0251 Light oil products. Alternative views fuel Ethanol motor / GOST R P. 4.1 fuel for automobile engines with forced ignition. Benzanols 0255 Hydrocarbons, solid (petroleum and shale) Petroleum paraffins / GOST P. 1.3 solid (except for grades T-1, T-2, T-3, C) 0271 Combustible natural gas and supplied to main gas pipelines, artificial gas, gas condensate, helium Natural fuel gas / GOST P. 3.2, tab. 1 compressed for (indicators 4, 5) internal combustion engines 0272 Gas of oil refining and pyrolysis, products of gas processing plants 1 V this document taken into account the changes in the Resolution of the Government of the Russian Federation from, from, from, from, from, from, from, from, from, from, from, from, from, from, from, from, from, from, from, from)

2 Hydrocarbon gases / GOST P, tab. 2 liquefied fuel for, (indicators 3, 4, 6) household consumption Hydrocarbon gases, GOST R P. 4.2, tab. 2 liquefied fuel / (indicators 3, 4, 6), Hydrocarbon gases / GOST P, tab. 2 liquefied for, (indicators 3, 4) road transport 1250 Ropes Steel Ropes steel / GOST PP, (in terms of the allowable run-up of the ultimate tensile strength of wires taken from the rope), Closed steel ropes GOST PP. 1.11, hoisting / Rope closed bearing GOST PP. 1.13, 1.15, 1.16, /, Pipes and pipeline parts made of thermoplastics Polyethylene pipes / GOST Tab. 5, p. 5.1 pressure head and for, gas pipelines GOST R Tab. 3, clause 5.2.1, (ISO 4437: 2007) 2296 Fiberglass Reinforced plastic containers / GOST R Sec. 5 fiberglass, for compressed and liquefied gases 2514 Products from latex and adhesives Rubber condoms / GOST PP. 2.2, 2.4 (in part

3 absence of visual defects), 2.5, 2.7, Braided hoses High rubber hoses / GOST PP. 1.3 (inner and pressure with metal outer diameter, unreinforced outer diameter braids along the upper metal braid), 1.5, Conveyor belts (conveyor belts) Rubber conveyor belts / GOST P. 2.19, table. 7, pp. 1- fabric for mining equipment 3140 Mining equipment Normal mine electrical equipment Electrical equipment from 27 2 GOST Standard as a whole normal mine GOST Standard as a whole GOST Standard as a whole Power cables for non-stationary laying Power cables for / GOST PP, 2.2.8, non-stationary gaskets, 2.3.1, 2.3.2, for voltages above 1 kV 2.3.3, 2.4.1, 2.4.5a, 2.5.4, Devices for non-destructive quality control of materials and products Means, systems and / GOST Standard in general, devices for radiation non-destructive control Equipment of air conditioners 2 specific code according to OKPD 2 is determined based on the description and purpose of specific products

4 Filters for cleaning / GOST PP. 2.1, 2.3, 5.2 air GOST Standard as a whole GOST Standard as a whole GOST R EN Standard as a whole (5730, 5740) 2523 Cement (the name is classified according to 4 digits of OKP and TNVED) Portland cement, alumina cement, slag cement, supersulfate cement and similar hydraulic cements, unpainted or painted, ready-made or in the form of clinkers / GOST Standard as a whole / GOST Standard as a whole / GOST Standard as a whole / GOST Standard as a whole / GOST Standard as a whole from GOST Standard as a whole GOST Standard as a whole (up to St. ) GOST Standard as a whole / (s) from GOST R Standard as a whole GOST Standard as a whole GOST R Standard as a whole

5 / GOST Standard as a whole from / GOST Standard as a whole / GOST Standard as a whole (up to g.) Standard as a whole GOST (from g.) / GOST Standard as a whole GOST PP 5.1.4, / (up to g.) GOST P (s) GOST P Sports firearms with a rifled barrel long-barreled (rifles), their main parts and weapons produced only for export in accordance with the technical conditions that meet the requirements of importing countries 3 In the case of using clinker for the production of cements with special properties, it must meet the requirements set out in normative document for the corresponding cement with special properties 4 In the case of using clinker for the production of cements with special properties, it must meet the requirements set forth in the normative document for the corresponding cement with special properties

6 Sports weapons GOST R Sec. 4, 5 long-barreled firearms with a rifled barrel (rifles) and its main parts: - rifles with a caliber over, / up to 6 mm inclusive, rifles with a caliber over, / up to 7 mm inclusive, rifles with a caliber over / mm Weapons manufactured in / GOST R Section ... 4, 5 in accordance with technical conditions 7182 Sports firearms with a rifled short-barreled barrel (pistols, revolvers) and its main parts Sports weapons GOST R Sec. 4, 5 firearms with a rifled barrel, short-barreled (pistols, revolvers) and its main parts: - sports pistols, / firearms, revolvers of caliber over, / 5 to 7 mm inclusive, revolvers of caliber over / 7 mm. Sports firearms smooth-bore (guns) and its main parts, cold bladed weapons, throwing rifles Sporting rifles / GOST R Sec. 4, 5 smooth-bore firearms Sports weapons / GOST R Sec. 6, 7 throwing Other sports and hunting weapons, self-defense, service, signal, cold bladed hunting and other Sports weapons GOST R Sec. 3, 4 pneumatic: rifles and shotguns, / sport pneumatic,

7 - sport rifles, / gas cylinders, pistols and revolvers, / sport gas cylinders, sport pistols / pneumatic weapons Self-defense weapons: GOST R Sec. 4, 5 - barrelless firearms, / firearms, / GOST R Sec. 4, 5 smooth-bore long-barreled; - pistols and revolvers, / GOST R Sec. 3, 4 gas; mechanical sprayers / GOST R Sec. 3, 4 aerosol and other devices equipped with GOST R Sec. 4, 5 lacrimal and irritating substances; - electroshock devices / GOST R Sec. 3, 5 and spark gaps Service weapons and their / GOST R Sec. 4, 5 main parts Signal weapons / GOST R Sec. 4, Hunting cold weapon / GOST R Sec. 4-9, 11 bladed Cold bladed weapons: / GOST R Sec. 4-7, 9 - knives for survival, cold bladed GOST R Sec. 4-7 weapons designed to be worn with the Cossack uniform, as well as with the national costumes of the peoples Russian Federation, - sporting 7185 Hunting firearms with a rifled barrel, combined rifled and smooth-bore (carbines and shotguns) and its main parts

8 Hunting weapons GOST R Sec. 4, 5 firearms with a rifled barrel, combined rifled and smooth-bore (carbines and shotguns) and its main parts: - carbines over 5 to 6 mm / including carbines over 6 to 7 mm / inclusive carbines over 7 mm / single-barreled guns with / with a rifled barrel double-barreled / rifled and combined guns multi-barreled / combined multi-barreled guns with / rifled barrels Hunting firearms smooth-bore single-barreled (carbines and guns) and its main parts, pneumatic weapons Hunting weapons GOST R Section. 4, 5 smooth-bore firearms (carbines and shotguns) and its main parts: - carbines and shotguns / single-barreled up to 28 caliber inclusive - carbines and shotguns / single-barreled over 28 up to a caliber inclusive - carbines and shotguns / single-barreled over caliber Hunting weapons / GOST R Razd ... 3, 4 pneumatic

9 7187 Double-barreled smooth-bore hunting firearms (shotguns) and their main parts Hunting weapons GOST R Sec. 4, 5 smooth-bore double-barreled firearms (guns) and its main parts: / - double-barreled guns up to and including caliber, - double-barreled guns over, / 28 to 16 caliber inclusive, - double-barreled guns over, / 16 caliber, double-barreled guns with / barrels of different calibers Manufacturing firearms and products structurally similar to weapons Adaptations / GOST R Sec. 4, 5 construction and erection and rescue operations using a powder charge Structural products / GOST R Sec. 4-7, 9 similar to cold bladed weapons: GOST R Sec. 4-7, 9 - tourist and special sports knives, - cutting and skinning knives Decorative products and / GOST R Sec. 4-6 souvenir similar external structure with cold or throwing weapons Structural products / GOST R Sec. 4, 5 similar to firearms 7272 Cartridges for civilian and service weapons, for production firearms and cartridges produced only for export in accordance with technical conditions that meet the requirements of importing countries

10 Cartridges for sports and, / GOST R Sec. 5, 6 hunting rifled weapons. Cartridges for sports and / hunting smooth-bore weapons Cartridges for signal / GOST R Sec. 4, 5, 7 weapons Cartridges for gas weapons / GOST R Sec. 4, 6 self-defense Cartridges for barrelless / GOST R Sec. 4, 5, 7, 8 self-defense weapons Cartridges for service, / GOST R Sec. 5, 6 weapons Cartridges for means, / firearms production. Test cartridges, / Cartridges manufactured in accordance with technical / conditions Liners, including / GOST R Sec. 5, 6 encapsulated, for civil firearms 7399 Specialized equipment and materials Safes, including safes / GOST R Sec. 5, 6 deposit and individual GOST R Section GOST R Pn. 5.2, 5.5.4, sect. Locking devices, / GOST R Sec. 5 (except clause 5.3) including safe locks and from 25.72, locks for safety ones from GOST R Sec. 5 designs Means of individual / GOST R Sec. 5 protection (armored clothing) Vaccines and toxoids used in veterinary medicine Bacterial vaccines / GOST R Sec. 4, 5 live prophylactic GOST Sec. fourteen,

11 GOST Section 1, GOST Section ND Document as a whole 2/1062 Veterinary drugs. Quality indicators. Requirements and standards Bacterial vaccines / GOST Sec. 1 inactivated prophylactic GOST Sec. GOST Sec. 1, GOST Section ND Document as a whole 2/1062 Veterinary drugs. Quality indicators. Requirements and standards Bacterial vaccines / ND Generally prophylactic document / 1062 associated Veterinary drugs. Quality indicators. Requirements and standards Bacterial vaccines / ND Other prophylactic document / 1062 Veterinary drugs. Quality indicators. Requirements and standards Viral vaccines / GOST Sec. 1 preventive

12 cultural normative documents Document as a whole 2/1062 Veterinary drugs. Quality indicators. Requirements and standards Viral vaccines / ND Generally prophylactic document / 1062 inactivated Veterinary drugs. Quality indicators. Requirements and standards GOST Sec. 4.p Viral vaccines / GOST pp, Sec. 4 prophylactic live GOST Sec. 3.1, p GOST R Sec. 4, p ND Document as a whole 2/1062 Veterinary drugs. Quality indicators. Requirements and standards Toxoids / ND Document as a whole / 1062 Veterinary drugs. Quality indicators. Requirements and Standards 9615 Inventory for sports games Goals for football / GOST R P Goals for mini-football / GOST R P Goals for handball / GOST R P. 3.2

13 Gates for field hockey / GOST R P Mechanized translational amusement rides, including those with the use of water Roller coaster / GOST ISO Standard in general, 5.4.3, 5.9.3, 5.9.7, 5.11, section 6, appendix A, B, E, E Free fall towers, 5.9.3, 5.11, section 6, appendices A, B, E, E Water rolling mountains on / boats or rafts, 5.5, 5.6, 5.8.4, 5.8.6, 5.8.7 , 5.9.3, 5.9.7, 5.11, section 6, appendix E GOST ISO Standard in general Catapults, 5.5, 5.6, 5.7, 5.8.7, 5.11, section 6, appendices A, B, E, E GOST ISO Standard c the whole

14 Railways for parks /, 5.8.8, section 6, appendix E Monorail roads for / parks, 5.11, section 6, appendix E Mechanized rotational amusement rides Ferris wheels / GOST ISO Standard in general, 5.9.2, 5.9.7, 5.11, section 6, appendix E, E Swing GOST ISO Standard in general, 5.9.2, 5.11, section 6, appendix A, E Carousels / GOST ISO Standard in general, 5.9.1, 5.9.7, 5.11, section 6, appendix D. 2, D. 5, E Rides mechanized complex motion

15 C progressive / GOST ISO Standard as a whole rotational motion, 5.9.1, 5.9.7, 5.11, section 6, appendices A, D.4, D.5, E, E Mechanized cinema seats (XD, 5.6.4, 5.8 .3, 5.8.4, cinemas) 5.8.5, 5.9.7, 5.11, Section 6, Appendices D.4, E Simulators GOST ISO Standard in general, 5.9.1, 5.11, Section 6, Appendices A, E Attractions on based on GOST ISO Standard for industrial robots in general, 5.5, 5.6, 5.8.4, 5.8.5, 5.8.6, 5.8.7, 5.9.1, 5.9.7, 5.11, Section 6, Appendices A, B, E, E Autodromes and go-karts Autodromes / GOST ISO Standard in general GOST IEC Standard in general

16 GOST R Section 4, clauses 5.1, 5.2, Appendix D.12 Automobiles or road trains GOST R Section 4, clauses 5.1, 5.2, walking for parks, 5.8.5, 5.8.8, 5.8.9, 5.11, section 6 Karting slides GOST R Section 4, p. 5.1, 5.2, 5.4, 5.5, 5.6, 5.7, 5.8, 5.11, section 6, appendix D 1.1 Express roads with mini GOST R Section 4, p. 5.1, 5.2, cars or maps, 5.4, 5.5, 5.6, 5.7, 5.8, 5.11, section Accessories for sport hunting, sport and recreational fishing Cold throwing / Federal Forensic weapons: knives law requirements for "On weapons" cold, throwing weapons and products that are structurally similar to such weapons

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International legislation Legislation Customs Union Regulatory and other regulatory legal acts of the Russian Federation List of goods (clarifications on goods) indicating the codes of goods according to the Commodity nomenclature

UDC 342 (094.4) BBK 67.401.213 F 32 Dear readers, if you have a defective copy in your hands or if you have any other claims to the publisher, please contact hotline 411-68-99 to the responsible

DK 342 (094.4) K 67.401.213 32, sh 411-68-99 32 a. -: 2015. -: E, 2015. 96. (). u 13 1996-150-Z, 21 1998.814 "-". 2015.DK 342 (094.4) LBC 67.401.213

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We are state budgetary institution, we work under 44 FZ. What is the correct code to choose OKPD 2 for the schedule plan, for the provision of energy supply services to the GBU? Will it be correct to choose the OKPD code 2 - 35.14.10.000 - electricity trade services, or 35.11., Electricity, or 35.12. Services for the transmission of electricity and technological connection to distribution networks, or 35.13. Electricity distribution services.

Answer

In order to select OKPD2, you need to decide on the object of the procurement and the way in which you will carry out this procurement.

If you are purchasing under clause 1 of part 1 of article 93 of Law No. 44-FZ - electricity transmission, OKPD2 35.12.10.120 "Services for technological connection to distribution grids" may be suitable. If according to clause 29 of part 1 of article 93 of Law No. 44-FZ - the sale of electricity, then OKPD2 35.14.10.000 "Electricity trading services" may be suitable.

If you enter the wrong code, limit competition or choose the wrong purchasing method. In this case, the employee contract service will pay a fine of 30,000 rubles. (part 1 of article 7.29 of the Code of Administrative Offenses of the Russian Federation).

The rationale for this position is given below in the materials of the State Order System

How to buy utilities and pay for the maintenance of the premises

Law No. 44-FZ allows the purchase of water, heat, electricity, gas from sole supplier... Purchase a communal apartment competitive ways it is often pointless, since the services are provided by a specific performer. Both owners and users pay for the maintenance of the rented premises. To avoid conflict, stipulate in the contract who will pay utility bills.

We will tell you on what conditions to buy utilities and how to reimburse the cost of maintaining the premises.

What services are utilities

What are utilities

When an organization provides utilities to a customer, it provides utilities. For example, a heating company supplies hot water. This conclusion follows from paragraph 9 of clause 2 of the Rules from the Government Decree of May 6, 2011 No. 354, hereinafter - Rules No. 354.

Utilities are provided by contractors, and customers purchase utilities:

Utilities and services are listed in paragraphs 2 and 4 of Regulation No. 354.

How to buy utilities

How to buy utilities from a single supplier

Purchase utilities from a food supplier for one of four reasons:

purchase from a monopolist;
purchasing from an organization that is not a monopoly;
purchase for premises for free use and operational management;
purchase from a supplier of last resort.

The grounds are listed in clauses 1, 8, 23 and 29 of part 1 of article 93 of Law No. 44-FZ.

Purchase of utilities from the supplier:

Purchase from a natural monopoly entity

How to buy utilities under clause 1 of part 1 of article 93 of Law No. 44-FZ

The customer has the right to buy utilities from a natural monopoly organization that supplies utilities to the customer's premises (clause 1, part 1, article 93 of Law No. 44-FZ).

Purchase services from a natural monopoly:

power supply, including connection to power grids;
heat supply;
gas supply;
water supply and sewerage using centralized systems, communal infrastructure systems.

This conclusion follows from part 1 of article 4 of the Law of August 17, 1995 No. 147-FZ and the letter of the Ministry of Economic Development of Russia dated April 28, 2017 No. D28i-2288.

You can check whether an organization is a natural monopoly in the register maintained by the FAS Russia. However, in order to conclude a contract with a monopolist, information from the register is optional (letter from the FAS Russia dated June 23, 2015 No. АЦ / 31173/15).

Before concluding a contract, publish a notice in the EIS. Term - five calendar days until the date the parties sign the contract. Do not count the days when you publish the notice and conclude a contract. For example, if you publish a notice on June 9, 2017, then sign the contract no earlier than June 15. This conclusion follows from part 2 of article 93 of Law No. 44-FZ, article 191 of the Civil Code and the letter of the Ministry of Economic Development of December 17, 2014 No. D28i-2837.

Attention: do not publish a notice if the purchase contains state secrets (part 2 of article 93 of Law No. 44-FZ).

Situation: should the grid organization conclude with the customer a contract for technological connection to grids in accordance with Part 1 of Article 93 of Law No. 44-FZ

Yes, it should, as connection to the grid is part of the electricity transmission market. If you buy electricity, the supplier is obliged to connect the organization to the networks. Such clarifications were given by FAS specialists in a letter dated February 3, 2015 No. АЦ / 4119/15.

Network organizations connect the customer's organization to the networks on the basis of a contract once, and you also need to pay for this service once. Such rules are established in part 1 of Article 26 of the Law of March 26, 2003 No. 35-FZ.

Purchase from an organization that is not a monopolist

How to purchase utilities under clause 8 of part 1 of article 93 of Law No. 44-FZ

If you purchase utilities from an organization that is not a natural monopoly, then conclude a contract in accordance with clause 8 of part 1 of article 93 of Law No. 44-FZ. Specifically, purchase item 8:

water supply and sewerage without the use of centralized systems;
heat supply;
gas supply (except for liquefied gas);
connection to utility networks at regulated rates.

Publish the notice in the same manner as when purchasing from a monopolist (part 2 of article 93 of Law No. 44-FZ).

Attention: conclude a contract for connection to power grids in accordance with clause 1 of part 1 of article 93 of Law No. 44-FZ. Such clarifications were given by the FAS in a letter dated February 3, 2015 No. АЦ / 4119/15 and the Ministry of Economic Development in a letter dated April 28, 2017 No. D28i-2288.

Purchase of premises for free use and operational management

How to purchase utilities under clause 23 of part 1 of article 93 of Law No. 44-FZ

The customer has the right to buy communal services from the supplier for non-residential premises under clause 23 of part 1 of article 93 of Law No. 44-FZ. Use this foundation if you meet two conditions at the same time:

non-residential premises received for free use or operational management;
the contractor is already providing the same services to another user of non-residential premises that are located in the building.

Purchase services for water, heat, gas, energy supply, removal household waste, maintenance and repair of premises. Such clarifications were given by the Treasury in a letter dated July 4, 2016 No. 07-04-18 / 09-420.

You do not need to publish a purchase notice. However, place a report in the EIS. In the document, justify the price of the contract and why it is impossible to choose the contractor in another way (parts 2 and 3 of article 93 of Law No. 44-FZ).

Situation: can the customer who is on the right operational management disposes of the premises of the administration, conclude a contract for utilities with the administration

No, you cannot conclude a contract with the administration. Contract directly with the service provider. This conclusion follows from clause 23 of part 1 of article 93 of Law No. 44-FZ.

Purchase from a supplier of last resort

How to purchase electricity in accordance with clause 29 of part 1 of article 93 of Law No. 44-FZ

The customer has the right to conclude a contract for power supply or sale and purchase of electricity with the guaranteeing supplier under clause 29 of part 1 of article 93 of Law No. 44-FZ. In this case, the supplier is obliged to sign the contract. Supplier of last resort - commercial organization that sells electricity. The FAS published the list of guaranteed suppliers on the official website.

When you conclude a contract with a supplier of last resort, do not publish the notice and report in the EIS. Such rules are established in paragraph 29 of part 1, parts 2 and 3 of Article 93 of Law No. 44-FZ and paragraph 29 of Article 3 of Law No. 35-FZ of March 26, 2003.

Situation: is the customer entitled to conclude a contract with the guaranteeing electricity supplier under Part 1 of Article 93 of Law No. 44-FZ

No, it is not entitled, it is necessary to conclude a contract under paragraph 29 of part 1 of article 93 of Law No. 44-FZ.

The object of the procurement under clause 1 of part 1 of Article 93 of Law No. 44-FZ is the transmission of electricity, and under paragraph 29 of Part 1 of Article 93 of Law No. 44-FZ - the sale of electricity. If you choose the wrong purchase method, the contract service employee will pay a fine of 30,000 rubles. (part 1 of article 7.29 of the Code of Administrative Offenses of the Russian Federation).

Situation: is the supplier of last resort entitled to terminate the contract unilaterally?

No, the legislation does not give the guaranteeing supplier the right to terminate the energy supply contract unilaterally. This was indicated by the FAS in its clarifications dated May 6, 2014.

How to conclude a contract for utilities

How to conclude a contract for the supply of utilities

When purchasing utilities, it is not necessary to include part of the conditions from Article 34 of Law No. 44-FZ in the contract with the supplier. The parties have the right not to prescribe in the contract:

liability for non-performance or improper performance obligations;
procedure and terms of acceptance, payment for services;
procedure and terms of registration of acceptance results.

This is stated in part 15 of article 34 of Law No. 44-FZ.

The forfeit under the contract with the supplier is collected by the courts under the Law of November 3, 2015 No. 307-FZ, and not under Law No. 44-FZ. This was indicated by the Presidium The Supreme Court in the review dated October 19, 2016 No. 3.

Example: on the calculation of a penalty for paying utility bills

The heat supply organization and the university signed a contract for the supply of heat. The customer is late in payment. The utility company demanded to pay a forfeit, which was calculated based on 1/130 of the Central Bank's refinancing rate, in accordance with the rules of part 9.1 of Article 15 of Law No. 190-FZ of July 27, 2010 (as amended by Law No. 307-FZ).

The customer decided that the counterparty was wrong and the penalty should be considered based on 1/300 of the refinancing rate, that is, according to part 5 of Article 34 of Law No. 44-FZ. However, the Supreme Court took the side of the counterparty. The judge explained that it is necessary to count the forfeit according to the rules of part 9.1 of Article 15 of Law No. 190-FZ (ruling of the Supreme Court of the Russian Federation of March 23, 2017 No. 308-ES16-17315, A53-2995 / 2016).

When calculating the price of the contract, use the tariffs of the resource supplying organization that are in effect at the time of the transaction. If the tariff has changed, make changes to the contract by agreement of the parties - conclude additional agreement with the performer. Write this opportunity in the contract. Justify the price of the contract by the tariff method. This follows from part 8 of article 22 and paragraph 5 of part 1 of article 95 of Law No. 44-FZ. The conclusion was confirmed by the Ministry of Economic Development in a letter dated May 23, 2016 No. D28I-1441.

Resource supplying organizations have the right to indicate in the contract not a fixed, but an indicative price, contrary to part 2 of article 34 of Law No. 44-FZ. This position was expressed by the Supreme Court, which indicated that the norms of Law No. 35-FZ on March 26, 2003 took precedence over the provisions of Law No. 44-FZ, therefore the price of the contract must be determined on the basis of legislation on the electric power industry.

The Supreme Court explained that the final price for electricity for the month is set after the end of the billing period. Thus, it is not possible to determine in advance the firm cost of electricity until the end of the billing periods at the time of the contract. Therefore, it is also impossible to set a fixed price for an electricity contract. The courts expressed a similar position on contracts for the supply of heat and water (ruling of the Supreme Court dated May 12, 2017 No. 304-ES17-4309, A70-4027 / 2016, decision of the Arbitration Court of the Republic of Karelia dated June 5, 2015 No. A26-1663 / 2015 and the ruling of the Arbitration Court of the Primorsky Territory dated May 29, 2017 No. A51-3915 / 2017).

The Ministry of Economic Development believes that it is illegal to indicate an approximate price for energy supply services. The department relies on part 2 of article 34 of Law No. 44-FZ and Government Decree No. 19 dated January 13, 2014 (letter from the Ministry of Economic Development dated July 20, 2016 No. D28i-1896).

The parties have the right to conclude contracts for the supply of utilities in writing and orally, that is, you can pay for utilities only on the basis of an invoice. Such a rule is established in part 15 of article 34 of Law No. 44-FZ and article 158 of the Civil Code. The conclusions are confirmed by the Ministry of Economic Development in a letter dated March 31, 2017 No. D28i-1498.

The contract cannot be renewed. This was stated by the specialists of the Ministry of Economic Development in a letter dated April 24, 2017 No. D28i-2018.

Situation: who should develop a draft contract for the supply of electricity - the customer or the contractor

Contracts for the supply of electricity are drafted by the contractors, but Law No. 44-FZ does not regulate this issue. This is the opinion of the courts. In particular, the Arbitration Court of the Rostov Region indicated that the last resort supplier is obliged to develop and publish the forms of the power supply agreement (decision of the Arbitration Court of the Rostov Region dated July 4, 2016 No. A53-9867 / 2016).

Situation: should the customer conduct an examination if the contract for the purchase of utilities does not provide for acceptance

No, you shouldn't. Expertise is part of the acceptance of services. Since the contract did not provide for acceptance, then there is no need to carry out an examination. This conclusion follows from clause 1 of part 1 of article 94 of Law No. 44-FZ.

The parties have the right not to include in the contract the procedure and terms of acceptance of utilities in accordance with part 15 of article 34 of Law No. 44-FZ.

How to reimburse the owner of the premises

How to reimburse the owner of the premises that is rented or free of charge

The customer who takes the premises for rent has the right to reimburse the lessor for the costs of utilities and maintenance of the premises. This position is adhered to by the Ministry of Economic Development in a letter dated May 20, 2015 No. D28i-1442.

The customer leases premises in accordance with clause 32 of part 1 of article 93 of Law No. 44-FZ. The owner of the premises spends overhaul, and the customer is obliged to carry out current repairs and pay for the maintenance of the premises. However, you can prescribe other conditions in the contract. This conclusion follows from paragraphs 1 and 2 of Article 616 of the Civil Code.

To avoid conflicts, write in the contract which of the parties pays for utilities and pays for the maintenance of the premises. If the owner pays and you need to reimburse expenses, write in the contract that you will reimburse expenses based on payments. Expenses can be included both in the cost of rent and in payment by separate invoices under paragraph 4 of part 1 of article 93 of Law No. 44-FZ.

If you have received a premise for free use, then you are obliged to carry out major and current repairs and maintain the property. However, the contract has the right to indicate that these are the obligations of the owner (Article 695 of the Civil Code of the Russian Federation).

Situation: is it possible to reimburse the owner of the premises for the costs of communal services under paragraphs or part 1 of Article 93 of Law No. 44-FZ

No. Contracts under clauses 1 and 8 of part 1 of Article 93 of Law No. 44-FZ shall be concluded with utilities for the supply of resources. And the Law No. 44-FZ does not provide for trilateral agreements - the customer, the owner of the premises, the resource supplying organization. The conclusion is confirmed by the Ministry of Economic Development in a letter dated June 17, 2016 No. OG-D28-7625.

Situation: is the customer entitled to purchase utilities from the supplier under Part 1 of Article 93 of Law No. 44-FZ, if he owns the premises on the right of economic management

Yes, in this case, the customer has the right to purchase utilities and services for the maintenance of premises in accordance with paragraphs 1, 4, 8 and 29 of Part 1 of Article 93 of Law No. 44-FZ. This position is adhered to by the Ministry of Economic Development in a letter dated March 31, 2017 No. OG-D28-4013.

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In preparation for the next amendments 44-FZ

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Changes in procurement in 2020 taking into account Federal Law No. 449-FZ of December 27, 2019

Jan 8 2020 g.

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Decree of the Government of the Russian Federation No. 1746 establishes a ban on the purchase of foreign storage devices

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All-Russian classifier of products by type of economic activity OK 034-2014 (CPA 2008) - OKPD 2
Adopted and put into effect by order Federal agency on technical regulation and metrology (Rosstandart) dated 01.31.2014 N 14-st.

Code 35.12 OKPD 2. Services for the transmission of electricity and technological connection to distribution power grids

Code 35.12 OKPD 2 is a group containing the following codes:
35.12.1. Services for the transmission of electricity and technological connection to distribution power grids.
35.12.10. Services for the transmission of electricity and technological connection to distribution power grids.
35.12.10.110. Electricity transmission services.
35.12.10.120. Services for technological connection to power distribution networks.

A detailed explanation of individual code designations can be found on the corresponding page of the full classifier OK 034-2014 on OKPD2.ru, in particular, see code 35.12 OKPD 2. Attention should be paid to the decoding of code 35.12 according to OKVED 2, given that for the first four characters of the code, a certain correspondence is established between the type of product according to OKPD 2 and the type economic activity according to OKVED 2, the result of which was this product (service or work). Detailed descriptions of specific code designations in these two classifiers will help with the search and selection of the correct codes for OKPD 2.

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