Information about concluded contracts in the SMP report. Methodological recommendations for preparing a report on the volume of purchases from small businesses and socially oriented non-profit organizations. The procedure for generating a report on the volume of purchases

You can fill it out yourself (download the form below), or using the Economy Expert program from our partner, the Persis company.

Below we attach to you the instructions “Generating a report on SMP” using the software product “Econom-Expert”:

It is very easy to create a report on SMP automatically; we have prepared for you instructions on how to generate a report on SMP in the demo version of Economy-Expert. It will help you save time, nerves and not be afraid of fines.

Download the free two-week version of "Economy Expert" () and select the item that describes your situation:

If you installed Economy-Expert for the first time, all information about your purchases will be loaded into the program automatically using the Download Wizard. If you have already installed Economy-Expert, you can download all the information on the “Download data from UIS” tab.

Step 1. After loading information from the UIS into “Econom-Expert”, add your organization’s SGOZ for 2015.
“Directories” tab > Organization information > “SGOZ” tab > Add > specify the year and amount > click “Save”:

Step 2. Generate a report on EMS
“Expenses” tab > Procurement > SMP report:

Because in the Register of Contracts zakupki.gov.ru there is no data on purchases from a single supplier (under clauses 4, 5, 23, 42, 44 and 45 part 1 of article 93 44-FZ), information on them must be entered manually.

Use the “Set manually” field - enter into it the entire amount of contracts for a single supplier (the amount from the “Calculate based on Economy-Expert data” window + the amount of payments for contracts with a single supplier according to clauses 4, 5, 23, 42, 44 and 45 Part 1 Article 93 44-FZ).

Click “Generate” and enjoy the finished report on purchases from SMP and SO HO.

Step 1. After information from the UIS in “Economy-Expert”, add your organization’s SGOZ for
2015
“Directories” tab > Organization information > “SGOZ” tab > Add > specify the year and amount > click “Save”:

Step 2: Check purchases
To do this, open the “Expenses” tab > Purchasing > set the year to 2015 > click “Update”.

Set up the required columns as shown in the image.
To do this, click the "Columns" button and open the columns panel. Each column can be pulled into the table header (to do this, press the left mouse button and, without releasing it, drag the column into the table header). You can configure a filter for each column.

Note!

If the purchase in the column “Located with SMP and SONO” is “Yes”, and in the column “Result of the implementation” it is “The contract will be concluded by the winner,” then “Supplier status” must be indicated.
If “Supplier Status” is not specified, specify it manually by double-clicking on the line with the contract.
The contract will open, on the “Advanced” tab, indicate “Supplier Status” and click “Save”:

Step 3. Generate a report on the EMS.
“Expenses” tab > Procurement > SMP report:

Because in the Register of Contracts there is no data on purchases from a single supplier under clauses 4, 5, 23, 42, 44 and 45 part 1 of Article 93 44-FZ, accordingly they cannot be loaded from the Unified Information System and information on them must be entered manually.
To do this, use the “Set manually” field - enter in it the entire amount of contracts for a single supplier (the amount from the “Calculate based on Economy-Expert data” window + the amount of payments for contracts with a single supplier according to clauses 4, 5, 23, 42, 44 and 45 part 1 of article 93 44-FZ).
The report will be uploaded to Excel in the form of Government Decree No. 238 dated March 17, 2015:
Note: you can see how each line of the report is calculated in the program by clicking the "Instructions" button

Step 3. Preparing to generate a report
To generate a report, the customer will need the following data

1. SGOZ
2. Exceptions provided for in Part 1.1 of Article 30 of 44-FZ
2.1. procurement to ensure national defense and state security
2.2. procurement of credit services
2.3. procurement from a single supplier (contractor, performer) in accordance with Part 1 of Article 93 44-FZ
2.4. procurement of work in the field of nuclear energy use
2.5. procurements in which closed methods of identifying suppliers (contractors, performers) are used
3. Volume of purchases from SMP/SONKO
4. Volume of involvement of subcontractors (co-contractors) from among SMP/SONKO
5. The total amount of the initial (maximum) contract prices of failed procurement procedures, the participants of which could only be SMP/SONCO

Note:
a) amounts are indicated in thousands of rubles with 5 decimal places
b) amounts are indicated excluding the volume of purchases, information about which constitutes a state secret

1. SGOZ
Name in the report -The total annual volume of purchases, excluding the volume of purchases, information about which constitutes a state secret

We indicate - the total annual volume of purchases of the customer for the reporting year, determined in accordance with paragraph 16 of Article 3 of 44-FZ, with the exception of the volume of purchases, information about which constitutes a state secret

2. Exceptions provided for in Part 1.1 of Article 30 of 44-FZ

Note:
a) when calculating points 2.1. - 2.5. It is not allowed to re-register information on the amount of financial support for
payments in the reporting year for the same contract.
b) the amount of financial support is indicated with the exception of the amount of financial support for contracts containing information constituting a state secret
c) the concept of “volume of financial support” according to the Ministry of Economic Development, see the previous post.

2.1. procurement to ensure national defense and state security
Name in the report - the volume of financial support for payment in the reporting year of contracts concluded to ensure the defense of the country and state security, with the exception of the volume of financial support for payment in the reporting year of contracts containing information constituting state secrets

2.2. procurement of credit services
Name in the report - the volume of financial security for payment in the reporting year of contracts concluded for the provision of services for the provision of loans, with the exception of the volume of financial security for payment in the reporting year of contracts containing information constituting a state secret

2.3. procurement from a single supplier (contractor, performer) in accordance with Part 1 of Article 93 44-FZ
Name in the report - the volume of financial security for payment in the reporting year of contracts concluded with a single supplier (contractor, performer) in accordance with Part 1 of Article 93 of the Federal Law, with the exception of the volume of financial security for payment in the reporting year of contracts containing information constituting a state secret

The most difficult point to calculate. It includes contracts in accordance with paragraphs 1-54 of Part 1 of Article 93 (including contracts with monopolists, contracts for communal services, contracts under paragraph 4 (up to 100 thousand) and 5 (up to 400 thousand) of Part 1 of Article 93, as well as contracts concluded as a result of failed procedures (clause 25, part 1, article 93)).

2.4. procurement of work in the field of nuclear energy use
Name in the report - the volume of financial support for payment in the reporting year of contracts concluded to perform work in the field of use of atomic energy, with the exception of the volume of financial support for payment in the reporting year of contracts containing information constituting a state secret

2.5. procurements in which closed methods of identifying suppliers (contractors, performers) are used
Name in the report - the volume of financial security for payment in the reporting year of contracts concluded based on the results of closed methods of identifying suppliers (contractors, performers), with the exception of the volume of financial security for payment in the reporting year of contracts containing information constituting a state secret

3. Volume of purchases from SMP/SONKO
Name in the report - Volume of purchases in the reporting year, carried out based on the results of the procedures for identifying a supplier (contractor, performer), in the notice of which a restriction was established in relation to procurement participants, which could only be small businesses and socially oriented non-profit organizations

We indicate - the volume of purchases, calculated as the amount of funds payable in the reporting financial year, under contracts concluded in the reporting financial year, as well as before the start of the reporting financial year based on the results of completed
procedures for identifying a supplier (contractor, performer), in the notice of implementation of which a restriction was established in relation to procurement participants, which could only be small businesses and socially oriented non-profit organizations.

4. Volume of involvement of subcontractors (co-contractors) from among SMP/SONKO
Name in the report - In the reporting year, the volume of involvement in the reporting year of subcontractors and co-executors from among small businesses and socially oriented non-profit organizations in the execution of contracts concluded based on the results of determinations of suppliers (contractors, performers), in notices of the implementation of which a requirement for the supplier (contractor, performer) was established, did not being a small business entity or a socially oriented non-profit organization, on the involvement of subcontractors (co-executors) from among small businesses and socially oriented non-profit organizations in the execution of the contract

We indicate - the amount of money to be paid by suppliers (contractors, performers) in the reporting financial year to subcontractors (co-contractors) from among small businesses and socially oriented non-profit organizations involved in the execution of contracts concluded in the reporting financial year, as well as before the start of the reporting financial year the results of determinations of suppliers (contractors, performers), in the notices of implementation of which a requirement was established for the supplier (contractor, performer), who is not a small business entity or a socially oriented non-profit organization, to involve subcontractors (co-executors) from among small businesses in the execution of the contract and socially oriented non-profit organizations. At the same time, this position takes into account only the volumes of actual involvement in the performance of contracts of subcontractors (co-executors) from among small businesses and socially oriented non-profit organizations in the reporting year, but not more than the volume
established by the terms of the contract as a percentage of the contract price.
If the supplier (contractor, performer) with whom the contract was concluded in accordance with Part 5 of Article 30 of the Federal Law is a small business entity or a socially oriented non-profit organization, then this position takes into account the volume established by the terms of the contract as a percentage of the contract price.

5. NMTC of failed procurement procedures, the participants of which could only be SMP/SONCO
Name in the report -The sum of the initial (maximum) prices of contracts of failed determinations of suppliers (contractors, performers) with the participation of small businesses and socially oriented non-profit organizations

We indicate - the total amount of the initial (maximum) prices of contracts of failed procurement procedures (open tenders, tenders with limited participation, two-stage tenders, repeated tenders, electronic auctions, requests for quotations, requests for proposals), in which a restriction was established in relation to procurement participants, which could only be small subjects
entrepreneurship and socially oriented non-profit organizations and as a result of which the contract was not concluded or was concluded on the grounds provided for in paragraph 25 of part 1 of Article 93 of the Federal Law

Note: This paragraph includes the INITIAL MAXIMUM PRICES of failed purchases carried out for SMP/SONKO
a) if no application was submitted or accepted (the contract was not concluded)
b) if only one application is submitted or accepted (the contract under clause 25 of part 1 of Article 93 or the contract is not concluded due to the supplier’s evasion or the customer’s refusal to conclude the contract).

Unfortunately, in the work of a contract manager, reports are, if not daily work, then definitely monthly and quarterly. There are also semi-annual and annual reporting forms. One of the annual reporting forms is the Customer's Report on the volume of purchases from small businesses and socially oriented non-profit organizations. Let’s figure out “what the SMP Report is” and “what it’s used with.”

SMP REPORT - WHAT? WHEN? WHERE?

The Customer’s obligation to draw up a Procurement Report from SMP is specified in Part 4 of Art. 30 Federal Law No. 44-FZ dated 04/05/2013. The reporting deadline is April 1 of the year following the reporting year. That is, in 2019 we will prepare a Procurement Report for 2018. The Report is placed in the Unified Information System with the Report file attached in the approved form. The Report form was approved by Government Decree No. 238 of March 17, 2015.

IMPORTANT! There are a number of Customers who purchase GWS according to the standards, but the volume and financing of such purchases are so small that all purchases are made from a single supplier. Such purchases are not included in the SGOZ, which means that Customers are not required to enter into contracts with SMP and SONO. But they are still required to place the Report in the Unified Information System, however, all positions of the Report will be zero (position of the Ministry of Finance dated November 8, 2017 No. 24-01-10/73595).

By the way, you can generate all the necessary reports for free, including for SMP and SONO, by ordering a demonstration of the program using the link.Also in the free demo you can check all your purchases for errors!

And most importantly - HOW?

The Report form that must be filled out in the Unified Information System is located in the Customer’s Personal Account, menu – “ Reports» - « Customer reports» - « Create customer report information" The initial stage of generating information about the customer’s report involves a choice - What kind of report does the customer want to generate? In the “Information about the posted report” section, the context menu item allows you to select the Report Type.

The first section of the Report – General information about the report

This section is for reference and contains current information about the organization: full and abbreviated name of the customer, INN, KPP, OGRN, Code according to OKOPF, Code according to OKPO, OKTMO, name of the municipality, address of the customer's location, contract telephone number and email address, type of report and reporting period. Also in this section, a copy of the posted Report is attached through the site menu: “File path” - “Browse”.

The main part of the positions is loaded and filled in automatically, some positions can be edited. For example, you can manually enter data on the Customer’s location address, contract phone number and email address. You can also download updated data on the Customer’s OKTMO from the Directory. In chapter “Information about the posted report”, you must select “Reporting period”- the year for which you plan to publish the Report.

This section is the easiest to fill out - all relevant information is loaded automatically; you need to manually select the year of the report and attach the file. If only the reports were like this! But, press the button " Further" and move on to the second section.

Second section of the Report – Information on the volume of purchases

This section includes three large blocks of data:

Calculation of the volume of purchases that the customer is obliged to carry out from SMP and SONO includes four points of information - nine procurement indicators.
The volume of purchases that the customer made from SMP and SONO includes four points of information - four procurement indicators.
Information about failed purchases from SMP and SONO is one indicator.

Let's sort it out in order.

1. Cumulative annual volume of purchases (AGV) - the volume of financial support of the customer for the current financial year - those contracts that were concluded and executed in the reporting year, as well as those contracts that were concluded in the previous year, but in terms of payment for the reporting year. According to the first indicator when drawing up the Report, we must indicate the Customer's State Public Safety Inspectorate in the reporting financial year.

IMPORTANT! All indicators are calculated without taking into account purchases containing information constituting a state secret. Please note that almost all indicators in the Report are indicated in thousands of rubles.

2. Second indicator– The total amount of financial support for payment of contracts in the reporting year as part of procurement under Part 1.1 of Art. 30 Federal Law No. 44-FZ. This amount is calculated automatically from the lines you fill out below. This procurement indicator should include contracts for which competitive procedures were carried out for SMP and SONO in the reporting financial year, EXCEPT:

procurement of state secrets;
loan services;
procurement from a single supplier under Part 1 of Article 93 of Federal Law No. 44-FZ;
work in the field of atomic energy;
closed methods for identifying suppliers.

Third indicator– the amount of purchases concluded to ensure the defense of the country and state security. Fourth indicator– the volume of financial security to pay for contracts concluded for lending services. Fifth indicator– purchases from a single supplier in accordance with Part 1 of Art. 93 Federal Law No. 44-FZ. Sixth indicator– the amount of contracts concluded for work in the field of nuclear energy. Seventh indicator– the amount of contracts concluded as a result of closed methods of identifying suppliers (contractors, performers).

3. The total annual volume of purchases, calculated minus the purchases provided for in Part 1.1 of Art. 30 Federal Law No. 44-FZ. As we have already said, this indicator should include contracts for which competitive procedures were carried out for SMP and SONO in the reporting financial year, except for a number of purchases. This amount is calculated automatically by subtracting the amount of the second indicator from the first indicator.

4. The next indicator is the volume of purchases for SMP and SONO in the reporting year. The indicator is calculated and amounts to 15 percent of the Customer’s public health reserves for the reporting period, that is, 15 percent of the amount of the first indicator in the Report. Let's look at an example of how to calculate it and not make mistakes.

EXAMPLE: The Customer's SGOZ for the reporting year amounted to 10,000,000 rubles, while in the reporting period he purchased: GWS from a single supplier under clause 4, part 1 of art. 93 in the amount of 530,000 rubles; GWS purchased by closed method were purchased in the amount of RUB 600,000; The Customer did not have any purchases to provide loans in the reporting period, and there were no failed procurement procedures during the reporting period.

Indicator 2 = 530,000 + 600,000 = 1,300,000 rubles.
Indicator 3 = 10,000,000 – 1,300,000 = 8,700,000 rubles.
Indicator 4 = 8,700,000 x 15% = 1,305,000 rubles.

5. Volume of purchases in the reporting year, based on the results of completed procedures - this indicator must sum up all prices of contracts that were concluded based on the results of completed procurement procedures, which were executed and paid by the Customer in the reporting period.

IMPORTANT! Only those purchases in which restrictions on participation were established for SMP and SONO are taken into account.

EXAMPLE: From the previous example - in the reporting year, the Customer carried out competitive procedures, with participation limited for SMP and SONO, and concluded state (municipal) contracts in the amount of RUB 1,305,000. Some of the contracts were executed during the reporting period, and the Customer paid for them. But some contracts have a rolling period and an amount of 300,000 rubles. payable by the Customer in the next financial year. Then in the Report indicator 5 will be equal to: RUB 1,305,000 – 300,000 rub. = 1,005,000 rub.

6. This indicator includes the amount of all contracts, during the conclusion of which the Customer obliged the Contractors (suppliers, performers) to involve SMP and SONO as subcontractors.

IMPORTANT! Purchases in which no limit was set to participate for SMP and SONO, but the procurement notice indicated the winner’s obligation to involve SMP and SONO in the execution of the contracts.

7. Volume of purchases for SMP and SONO made by the Customer in the reporting year - the indicator is calculated automatically when filling out the Report form and is the sum of indicators 5 and 6.

8. The share of purchases that were made for SMP and SONO in the reporting period. This is the only indicator in the Report that is indicated not in thousands of rubles, but as a percentage. It is also calculated automatically using the UIS.

9. The amount of NMCC of failed procurement procedures of the Customer with the participation of SMP and SONO.

IMPORTANT! The conclusion of a contract or its absence in this case does not matter, because according to the Rules for the preparation of the Report (GD of the Russian Federation dated March 17, 2015 No. 238) “... the total amount of the NMCC of failed procurement procedures is indicated ..... as a result of which the contract was not concluded or was concluded on the grounds provided for in clause 25, part 1 of Art. 93 Federal Law No. 44-FZ."

EXAMPLE: During the reporting period, the customer held 2 electronic auctions for SMP and SONO with NMCC for RUB 1,500,000. and 400,000 rubles, as well as one request for quotation 250,000 rubles. No applications were submitted for participation in these procurements; the procedures were declared unsuccessful. As a result of the procedures, one contract was concluded in accordance with Part 25, Clause 1 of Art. 93 Federal Law No. 44-FZ in the amount of 400,000 rubles, two procedures did not lead to the conclusion of contracts. Thus, the amount that in this case must be entered into clause 9 is equal to: RUB 2,150,000. (1,500,000 + 400,000 + 250,000).

This concludes the most complex and time-consuming part of the Report.

The third section of the Report – Information on concluded contracts

The third section involves filling out the Report with information about the contracts concluded by the Customer with SMP and SONO in the reporting period. Filling out the section is done through the UIS context menu in three large sections:

Contracts concluded with SMP, SONO.
Contracts containing conditions for the involvement of subcontractors from among SMP and SONO in the execution of contracts.
Contracts concluded in accordance with Part 1.1 of Art. 30 Federal Law No. 44-FZ.

IMPORTANT! Don’t forget to attach a paper form of the document to the Report in the Unified Information System. Moreover, on paper, the document must be signed by the contractor indicating his last name, first name, patronymic, position and date of preparation and signing of the Report.

GET YOUR SLED READY FOR SUMMER!

It is clear that now April 1 is far away and closing the financial year is more important for Customers. But if you now take care of maintaining a register of purchases for SMP, correctly calculating the SPP and determining the volume of purchases from SMP, then preparing a report in the spring will be much easier.

Publication date: 30.08.2018

Please note that the site administration does not always share the opinions of the authors and is not responsible for the accuracy of their information.

In accordance with Part 4 of Article 30 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Law on the Contract System), at the end of the year the customer is obliged to draw up report on the volume of purchases from small businesses, socially oriented non-profit organizations (hereinafter referred to as the report) and place such a report in the unified information system before April 1 of the year following the reporting one.

Failure to post or untimely posting of a report constitutes an administrative offense provided for in Part 1.4 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) and entails the imposition of an administrative fine on officials in the amount of five thousand rubles; for legal entities - fifteen thousand rubles.

At the same time, in accordance with Article 2.9 of the Code of Administrative Offenses of the Russian Federation, if the administrative offense committed is of minor importance, the judge, body, official authorized to resolve the case of an administrative offense may release the person who committed the administrative offense from administrative liability and limit himself to an oral remark.

It is worth noting that Article 2.9 of the Code of Administrative Offenses of the Russian Federation does not prescribe mandatory exemption from administrative liability for all minor offenses, but only provides the right to make such a decision. At the same time, the concept of insignificant administrative offense is an evaluative category and is determined by the court in each specific case, taking into account the identified circumstances of the case (see the Decision of the Court of the Yamalo-Nenets Autonomous District of December 20, 2016 in case No. 7-531/2016).

In current judicial and administrative practice, the following approaches to the application of Article 2.9 of the Code of Administrative Offenses of the Russian Federation have been formed.

The insignificance of an administrative offense occurs in the absence of a significant threat to protected social relations. When qualifying an offense as minor, courts must proceed from an assessment of the specific circumstances of its commission (paragraph 18 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 2, 2004 No. 10 “On some issues that have arisen in judicial practice when considering cases of administrative offenses”, paragraph 21 Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offences”).

Within the meaning of Article 2.9 of the Code of Administrative Offenses of the Russian Federation, the assessment of the insignificance of an act must be correlated with the nature and degree of public danger, causing harm or the threat of causing harm to an individual, society or the state. The legislator has granted the law enforcement officer the right to assess the factors characterizing the concept of insignificance.
At the same time, the administrative body is obliged to establish not only the formal similarity of the act with the signs of a particular administrative offense, but also to resolve the issue of the social danger of a specific act committed by a specific person in specific conditions and with equally specific consequences.
In addition to the absence of a significant threat to protected social relations, the conditions for applying insignificance may be:
admission of guilt
the fact of committing an offense for the first time, lack of systematic violations.

Digest of the practice of applying Article 2.9 of the Code of Administrative Offenses of the Russian Federation in case of violation of the deadlines for posting the SMP report:

First approach (2.9. Code of Administrative Offenses of the Russian Federation applies):
there is no significant threat to public relations:

Resolution of the Federal Antimonopoly Service of December 2, 2016 No. 17/86488/16.
“... the committed act, although formally it contains the elements of an administrative offense, but taking into account the nature of the offense committed, the financial situation of the person brought to administrative responsibility, the amount of harm and the severity of the consequences, does not represent a significant violation of protected public legal relations.”

Decision of the Kurgan Regional Court of March 2, 2016 in case No. 21-124/2016.
The judge of the Ketovsky District Court of the Kurgan Region, canceling the official’s decision and terminating the proceedings in the case, reasonably came to the conclusion that the committed L.S.A. was insignificant. administrative offense, while establishing that there were no negative consequences as a result of the administrative offense committed, and also took into account the short duration of the violation.

Decision of the Kaluga Regional Court of March 17, 2016 in case No. 21-88/2016;
“The assessment of the insignificance of an act must be correlated with the nature and degree of public danger, harm or threat of harm to an individual, society or the state.
During the consideration of the case, no evidence was presented indicating the presence of a significant threat to protected public interests on the part of the administrative jurisdiction body.”

Decision of the Vologda Regional Court of September 20, 2016 in case No. 7-789/2016:
“Contrary to the arguments of the protest, the possibility or impossibility of qualifying an act as minor cannot be established based on the structure of the administrative offense formulated in the Code of Administrative Offenses of the Russian Federation, for the commission of which liability is provided.
A minor administrative offense is an action or inaction, although formally containing signs of an administrative offense, but taking into account the nature of the offense committed and the role of the offender, the amount of harm and the severity of the consequences that occurred, does not represent a significant violation of protected public legal relations (paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 03.24.2005 N 5 “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offences”).
At the same time, the Code of Administrative Offenses of the Russian Federation does not contain any indication that it is impossible to apply Article 2.9 of the Code of Administrative Offenses of the Russian Federation in relation to any administrative offense.
According to the position of the Constitutional Court of the Russian Federation, set out in the Determination of April 15, 2008 N 248-О-О, from Article 2.9 of the Code of Administrative Offenses of the Russian Federation, considered taking into account the meaning given to it by established law enforcement practice, it follows that when qualifying an offense as minor, the courts should proceed from an assessment of the specific circumstances of its commission; the insignificance of the offense occurs in the absence of a significant threat to protected social relations.
In the case under consideration, if there were signs of an offense provided for in Part 1.4 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation, the actions of _______ did not create a significant threat to protected public relations in the field of procurement.”

Decision of the Stavropol Regional Court dated February 24, 2016 in case No. 7-219/2016:
“At the same time, based on the specific circumstances of the case, the judge of the Industrial District Court of the city of Stavropol, Stavropol Territory, came to a reasonable conclusion about the insignificance of what G.L.G committed. administrative offense. At the same time, the court gave a proper assessment of the actual circumstances of the offense, the degree of public danger of a particular act, and took into account the absence of negative consequences.
The decision to release G.L.G. from administrative liability on the basis of Art. 2.9 of the Code of Administrative Offenses does not contradict the provisions of Art. 1.2 KRFoAP tasks of legislation on administrative offenses.”

A similar position is seen in the following decisions:
Decision of the Stavropol Regional Court of February 3, 2016 in case No. 7-147/2016;
Decision of the Sverdlovsk Regional Court of August 24, 2016 in case No. 72-1196/2016;
Resolution of the Kemerovo Regional Court of February 28, 2017 in case No. 4A-89/2017;
Decision of the Sverdlovsk Regional Court of August 24, 2016 in case No. 72-1196/2016.

2nd approach (insignificance does not apply does not apply):

Decision of the Khabarovsk Regional Court of November 23, 2016 in case No. 21-1095/2016;
a significant threat to protected social relations does not lie in the occurrence of any consequences, but in the neglectful attitude of the violator to the performance of his public legal duties.

Decision of the Supreme Court of the Republic of Adygea dated February 7, 2017 in case No. 7-10/2017:
“The deadline for posting the contract execution report on the official website was violated by more than two months.
non-compliance with the requirements of the legislation on the contract system in the field of procurement violates the unified existing legal order, uniform application of the law, detracts from the authority of government bodies obliged to comply with the requirements of the law when placing orders for state and municipal needs, violates the interests of the state, which must ensure the implementation of the law in the interests of society, and also violates the rights of bona fide auction participants, who assume compliance with the requirements of the law by all other participants and count on fair competition, which means holding an auction in compliance with all legal requirements.”

Decision of the Court of the Yamalo-Nenets Autonomous District of December 20, 2016 in case No. 7-531/2016:
“At the same time, the judge’s conclusion is motivated, Sh. committed violations that pose a threat to protected interests in the field of antimonopoly regulation, namely, they prevent the body from effectively exercising its powers to prevent and suppress illegal actions in order to eliminate unfair competition in product markets.
Under such circumstances, termination of a case of an administrative offense on grounds of insignificance would be an inappropriate measure and would not contribute to ensuring the implementation of the tasks of administrative responsibility, as well as preventing the commission of new offenses. At the same time, as correctly stated in the decision, voluntary elimination of the consequences of the offense is not a circumstance characterizing the insignificance of the offense.”

Decision of the Omsk Regional Court of December 6, 2016 in case No. 77-647/2016;
The objective side of this offense is formed by the very fact of posting on the official website on the Internet a report on the volume of purchases from small businesses and socially oriented non-profit organizations in violation of the deadline established by the legislation of the Russian Federation (Resolution of the Federal Antimonopoly Service of December 29, 2015 N P-514/ 15/AK1076-15).
However , the courts have expressed the following regarding this position:
Paragraph 18.1 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 2, 2004 No. 10 states that when qualifying an administrative offense as minor, courts should take into account that Article 2.9 of the Code of Administrative Offenses of the Russian Federation does not contain reservations about its non-application to any offenses provided for by the Code of Administrative Offenses of the Russian Federation. The possibility or impossibility of qualifying an act as minor cannot be established in the abstract, based on the structure of the administrative offense formulated in the Code of Administrative Offenses of the Russian Federation, for which liability is established.
Thus, the qualification of an administrative offense as minor cannot be refused only on the grounds that in the relevant article of the Special Part of the Code of Administrative Offenses of the Russian Federation, liability is defined for failure to fulfill any obligation and is not made dependent on the occurrence of any consequences. - Resolution of the Thirteenth Arbitration Court of Appeal dated October 22, 2015 in Case No. A26-3320/2015, Decision of the Supreme Court of the Republic of Mari El dated March 9, 2017 in Case No. 7р-61/2017).

Also, see Resolution of the Deputy Chairman of the Sverdlovsk Regional Court dated November 17, 2016 in case No. 4a-1040/2016.

Approximate justification for the application of Article 2.9. Code of Administrative Offenses of the Russian Federation:
According to Article 2.9 of the Code of Administrative Offenses of the Russian Federation, if the administrative offense committed is of minor significance, the judge, body, official authorized to resolve the case of an administrative offense may release the person who committed the administrative offense from administrative liability and limit himself to an oral remark. As explained in paragraph 18 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 2, 2004 No. 10 “On some issues that arose in judicial practice when considering cases of administrative offenses” (hereinafter referred to as the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 2, 2004 No. 10) the insignificance of an administrative offense occurs in the absence of a significant threat to protected social relations. When qualifying an offense as minor, courts must proceed from an assessment of the specific circumstances of its commission. At the same time, paragraph 18.1 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 2, 2004 No. 10 states that when qualifying an administrative offense as a minor offense, courts should take into account that Article 2.9 of the Code of Administrative Offenses of the Russian Federation does not contain clauses on its non-application to any offenses provided for by the Code of Administrative Offenses RF. The possibility or impossibility of qualifying an act as minor cannot be established in the abstract, based on the structure of the administrative offense formulated in the Code of Administrative Offenses of the Russian Federation, for which liability is established.
Thus, the qualification of an administrative offense as minor cannot be refused only on the grounds that in the relevant article of the Special Part of the Code of Administrative Offenses of the Russian Federation, liability is defined for failure to fulfill any obligation and is not made dependent on the occurrence of any consequences.
According to the explanations set out in paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for the courts when applying the Code of the Russian Federation on Administrative Offenses,” a minor administrative offense is an action or inaction, although formally containing signs of an administrative offense, but taking into account the nature of the offense committed and the role of the offender, the amount of harm and the severity of the consequences that occurred, it does not represent a significant violation of protected social relations. Thus, within the meaning of Article 2.9 of the Code of Administrative Offenses of the Russian Federation, the assessment of the insignificance of an act must be correlated with the nature and degree of public danger, causing harm or the threat of causing harm to an individual, society or the state. The legislator has granted the law enforcement officer the right to assess the factors characterizing the concept of insignificance. At the same time, the administrative body is obliged to establish not only the formal similarity of the act with the signs of a particular administrative offense, but also to resolve the issue of the social danger of a specific act committed by a specific person in specific conditions and with equally specific consequences.
According to the position of the Constitutional Court of the Russian Federation, set out in the Determination of April 15, 2008 N 248-О-О, from Article 2.9 of the Code of Administrative Offenses of the Russian Federation, considered taking into account the meaning given to it by established law enforcement practice, it follows that when qualifying an offense as minor, courts must proceed from an assessment of the specific circumstances of its commission; the insignificance of the offense occurs in the absence of a significant threat to protected social relations.
Within the meaning of Article 2.9 of the Code of Administrative Offenses of the Russian Federation, the assessment of the insignificance of an act must be correlated with the nature and degree of public danger, causing harm or the threat of causing harm to an individual, society or the state.
___________________ - (indicate the grounds for insignificance (no significant threat, violated for the first time, etc.

Based on the above, I ask that the administrative offense case be terminated on the basis of Article 2.9 of the Code of Administrative Offenses, due to the insignificance of the administrative offense committed, and that it be limited to an oral remark.

A report on the volume of purchases from small businesses and socially oriented non-profit organizations (hereinafter referred to as the report) is compiled by customers who purchased goods, works, and services in the previous year in accordance with the requirements of Federal Law dated 04/05/2013 N 44-FZ "On the contract system" in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as Law No. 44-FZ). Those customers who purchased only in accordance with Federal Law No. 223-FZ dated July 18, 2011 “On the procurement of goods, works, services by certain types of legal entities” (hereinafter referred to as Law No. 223-FZ) do not need to prepare such a report. The report must be posted in the Unified Information System (hereinafter referred to as the UIS) on the Internet site at www.zakupki.gov.ru before April 1 of the year following the reporting year, in accordance with Part 4 of Art. 30 of Law No. 44-FZ. In 2018, customers must submit their 2017 report no later than March 31, 2018.

The requirements for the report form and the rules for filling it out are established in Decree of the Government of the Russian Federation dated March 17, 2015 N 238 “On the procedure for preparing a report on the volume of purchases from small businesses and socially oriented non-profit organizations, its placement in a unified information system and amending the Regulations on Interdepartmental Commission for the Selection of Investment Projects, Russian Credit Institutions and International Financial Organizations for Participation in the Program for Support of Investment Projects Implemented in the Russian Federation on the Basis of Project Financing" (hereinafter referred to as the Procedure).

In order not to do double work, we recommend immediately filling out the report in a structured form in the customer’s personal account on the EIS website. In the customer’s personal account there is a “Reports” section, within which there is a “Customer Reports” subsection. In the specified subsection there is a button “Create information about the customer’s report”, clicking which will take you to selecting the type of report. In the drop-down list, select the first type of report, which is called “Report on the volume of purchases from small businesses and socially oriented non-profit organizations.”

If the specified sections are not in your personal account, then you are not assigned the rights to compile reports. You can correct the situation by logging into the customer’s personal account through an electronic key with the rights of “Organization Administrator” and in the “Administration” section find the “Organization Users” subsection, in which for each user of the organization you can assign access rights, including the rights to compile a report, by putting tick the required fields.

In the next window, after selecting the report type, you will be presented with “General information about the report”, which corresponds to the first section of the report provided by the report form. It will be filled in automatically, you just need to select “Reporting period”, i.e. 2017

Also on the first page you need to attach a “Copy of the posted report”, i.e. scanned version of the original report. Without a copy of the report, it will not be possible to place information in the Unified Information System, so you will have to return to this page when you fill out the report in a structured form in order to attach the file with the report.

By clicking on the “Next” button at the bottom of the page, you will proceed to filling out the second section of the report “Information on the volume of purchases from small businesses and socially oriented non-profit organizations, on the failed identification of suppliers (contractors, performers) with the participation of small businesses and socially oriented non-profit organizations "

At the beginning of this section, it is necessary to indicate “Calculation of the volume of purchases that the customer is obliged to carry out from small businesses and socially oriented non-profit organizations in the reporting year.”

The first point This section indicates “The total annual volume of purchases, with the exception of the volume of purchases, information about which constitutes a state secret” in thousands of rubles.

According to paragraph 16 of Art. 3 of Law No. 44-FZ, the total annual volume of purchases (hereinafter referred to as the AGPO) is the total volume of financial support approved for the corresponding financial year for the customer to make purchases in accordance with this Federal Law, including for payment of contracts concluded before the start of the specified financial year and payable in the said financial year.

To compile the report, we calculate the SGOZ based on the amount of actually paid contracts, since the amounts unpaid under the contracts were not absorbed by the customer and were not used for procurement. In this case, the amount of the approved volume of financial support and the amount of actually paid contracts may differ. We determine the approved volume of financial support for purchases on the basis of the customer’s financial documents (budget estimates for recipients of budget funds and financial and economic activity plans for budgetary institutions and unitary enterprises) in order to indicate background information about the public health protection system in the schedule when it is approved. During the procurement process, we will have to adjust the planned payments for each item in the schedule and the State Public Defense Order itself, taking into account actual payments under contracts. The legislation does not establish such a requirement, but keep in mind that the information that you indicate in the report can be checked by controllers based on your schedules, so try to bring the planned payments for each item in the schedule into line with the SGOZ itself, taking into account actual payments . That is, if the amount of the initial (maximum) contract price or the price of a contract concluded with a single supplier, indicated in the schedule, differs from the amount actually paid under the contract, bring them into line by making changes to the planned payments for each item where there is discrepancies, including for special purchases.

Thus, in first paragraph of the second section The SGOZ is indicated based on the amount of contracts actually paid from funds approved for 2017. At the same time, the SGOZ does not include the amounts of purchases made by customers (budgetary institutions, unitary enterprises) under Law No. 223-FZ.

In the second point second section indicates “The total volume of financial support for payment of contracts in the reporting year as part of the procurement provided for in Part 1.1 of Article 30 of Law No. 44-FZ, with the exception of the volume of financial support for payment in the reporting year of contracts containing information constituting state secrets (thousand rubles )". In part 1.1. Art. 30 of Law No. 44-FZ specifies types of purchases that are not included in the calculation of the total annual volume of purchases. In particular, these are purchases:

1) to ensure the defense of the country and the security of the state;
2) services for providing loans;
3) from a single supplier (contractor, performer) in accordance with Part 1 of Article 93 of this Federal Law;
4) work in the field of atomic energy use;
5) in the implementation of which closed methods of identifying suppliers (contractors, performers) are used.

The report must indicate the amounts of actually paid contracts for such purchases in thousands of rubles, which will then be subtracted from the amount of the SGOZ. We include the resulting difference in third paragraph of the second section“The total annual volume of purchases, calculated minus the purchases provided for in Part 1.1 of Article 30 of the Federal Law.” The site performs these arithmetic operations independently.

Fourth point second section“The volume of purchases that the customer is obliged to make from small businesses and socially oriented non-profit organizations in the reporting year (not less than 15% of the total annual volume of purchases, calculated taking into account part 1.1 of Article 30 of the Federal Law) (thousand rubles)” contains the minimum amount procurement, for which the customer must make purchases among SMP and SONO, in accordance with Part 1 of Art. 30 of Law No. 44-FZ, it must be no less than 15% of the total annual volume of purchases, calculated taking into account Part 1.1 of Art. 30 of Law No. 44-FZ. That is, we must, at our choice, indicate in the specified paragraph any amount that is at least 15% of the amount specified in paragraph three of the report.

Fifth point second section contains “The volume of procurement in the reporting year, carried out based on the results of the procedures for identifying a supplier (contractor, performer), in the notice of which a restriction was established in relation to procurement participants, which could only be small businesses and socially oriented non-profit organizations (thousand rubles )". In this paragraph we include the amount of actually paid contracts concluded as a result of competitive procedures carried out in compliance with the requirements of clause 1, part 1 and part 3 of Art. 30 of Law No. 44-FZ, namely competitive procurement, in which a restriction was established on participation in the procurement of only SMP and SONO. In this case, it is important that at least two participants are allowed in the purchase, and the winner is determined, since only such purchases are considered valid.

IN sixth paragraph of the second section includes “The volume of involvement in the reporting year of subcontractors and co-executors from among small businesses and socially oriented non-profit organizations in the execution of contracts concluded based on the results of determinations of suppliers (contractors, performers), in notices of the implementation of which a requirement was established for the supplier (contractor, performer) , which is not a small business entity or a socially oriented non-profit organization, on the involvement of subcontractors (co-executors) from among small businesses and socially oriented non-profit organizations (thousand rubles) in the execution of the contract.” The specified volume represents the amount of funds that were actually transferred by suppliers (contractors, performers) to their subcontractors and co-executors from among the SMP and SONO in the amount of the percentage established in the contracts concluded as a result of competitive procurement, in which the requirement provided for in Part 5 was established Art. 30 of Law No. 44-FZ. This requirement obliges the winner of the procurement, who is not an SMP or SONO, to involve small businesses and socially oriented non-profit organizations as subcontractors, co-executors in the amount of at least 5% of the price of the contract concluded with him. Moreover, if the winner is SMP or SONO, then he does not need to involve subcontractors or co-executors, but to offset the volume of purchases among SMP and SONO, the customer will be able to take only that percentage of the contract price that was specified in the contract itself.

IN seventh point second section The EIS automatically shows the sum of the indicators of the fifth and sixth paragraphs of the report, and this is called “Volume of purchases that the customer made from small businesses and socially oriented non-profit organizations in the reporting year (thousand rubles).”

Eighth point second section reflects “The share of purchases that the customer made from small businesses and socially oriented non-profit organizations in the reporting year in the total annual volume of purchases, calculated minus the purchases provided for in Part 1.1 of Article 30 of the Federal Law (percent).” At the specified point, the site automatically calculates the percentage ratio of points seven and three. As a result, the customer should receive at least 15% of the SGOZ.

In information about failed determinations of suppliers (contractors, performers) with the participation of small businesses and socially oriented non-profit organizations, fill in ninth point second section“The amount of initial (maximum) prices of contracts for failed determinations of suppliers (contractors, performers) with the participation of small businesses and socially oriented non-profit organizations (thousand rubles).” The ninth paragraph reflects the amount of the initial (maximum) prices of contracts for those competitive procurements that were carried out by the customer according to the rules of clause 1, part 1, art. 30 of Law No. 44-FZ, but did not take place due to the admission of only one procurement participant to participate in them, which resulted in the conclusion of a contract under clause 25 of Part 1 of Art. 93 of Law No. 44-FZ with a single supplier (contractor, performer). The specified amount is also included in the amount of financial security for payment in the reporting year of contracts concluded with a single supplier (contractor, performer) in accordance with Part 1 of Article 93 of the Federal Law, which we indicated in paragraph two of the report.

The last third section of the report reflects “Information on concluded contracts,” which is “Unique numbers of register entries from the register of contracts.” The EIS website allows you to search for the specified numbers directly in the register of contracts by clicking on the button in the form of a magnifying glass.

When specifying the contract search parameters, pay attention to the line “Supplier status”, where a small business entity and a socially oriented non-profit organization will be checked. If you leave the checkboxes, the search will return only those contracts, when filled out in the register of contracts, the status of the supplier (contractor, performer) of the SMP or SONO was indicated. Therefore, the checkboxes should be left only when searching in the first paragraph of the section “Contracts concluded by customers with small businesses and socially oriented non-profit organizations” and the second paragraph “Contracts containing a condition on the involvement of subcontractors (co-executors) from among small businesses and socially oriented oriented non-profit organizations."

When searching for contracts, when filling out paragraph three of section three, you do not need to leave the indicated checkboxes, since when entering into the register of contracts information about contracts concluded on the grounds provided for in Part 1.1 of Article 30 of the Federal Law, you are unlikely to have indicated SMP as a supplier (contractor, performer) or SONO. The site simply will not find the contracts you need.

When trying to save information about a report, the site may display an error about “Violations that allow saving and posting: The list of contracts concluded with small businesses and socially oriented non-profit organizations does not contain the following registration numbers of contracts concluded on the grounds provided for in Part 1.1. Art. 30 of the Federal Law...” Ignore this error as it contains conflicting information. In part 1.1. Art. 30 of the Law specifies purchases that are not carried out among SMEs and SONOs, therefore, the list of contracts concluded with small businesses and socially oriented non-profit organizations cannot contain register numbers of contracts concluded on the grounds provided for in Part 1.1. Art. 30 of the Federal Law.

Also, when saving a report and trying to post it in the Unified Information System, the site will display an error about the absence of an attached file in the “Copy of the posted report” block. Therefore, we should click on the “Save and Close” button. After which you will go to the “List of customer reports” page, where there will be a line with the draft report; in the report menu, click on the “View in card” item. On the next page, enter the “Documents” section of the report, where there will be a line with “Draft information about the report” at the very end of this line there will be an icon in the form of a printer, by clicking on which you can print the report, sign it with the manager, and put the organization’s seal. A scanned copy of the report must be attached to the first page of the report “General information about the report”, after which you can post the report in full on the EIS website.

Those customers who make purchases only under Article 93 of Law No. 44-FZ must indicate in the first paragraph of the second section of the SGOZ, which must be equal to the amount of purchases from a single supplier (contractor, performer), which is contained in paragraph two of the second section. Then in all other points of the report the customer will have zero indicators.

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