Restrictions and measures of state support for business: the digest for 8–21 July 2024

DRAFT LAWS

Large-scale amendments have been prepared to Law No. 44-FZ

Draft federal law No. 667365-8

The draft has been put before the State Duma.

Amendments have been stipulated to legislation regarding public procurement. In particular, it has been proposed that:

the possibility be established to confirm compliance with the requirement of universal pre-qualification with contracts that have been executed within the scope of joint procurement;

provision be made that unless a customer establishes a requirement for security, no security in the amount of 10% of the contract price be provided to ensure the performance of the contract;

regulation be improved of procurement from a single supplier, namely: several procurement procedures be allowed of products/work/services of the same name or description within the cap amounts and annual volumes of procurement;

it be clarified in clauses 2 and 3 of article 95 of Law No. 44-FZ that the Government and supreme executive authorities may allow the material terms to be amended in a contract that is in effect for a term of at least one year (as compared with three years at present);

the procedure be improved for entering into and performing a contract which provides for mutual investment obligations;

the rule be suspended until 1 January 2025 whereby amendments to the Law do not come into effect earlier than 1 January of the next calendar year (article 2(5) of Law No. 44-FZ).

LEGISLATION

The specific aspects have been adjusted of central and municipal government control

The Russian Government’s Decree No. 980 dated 18 July 2024

Came into force on 19 July 2024, save for individual provisions.

In particular, amendments have been made to the Russian Government’s Decree No. 336 dated 10 March 2022 concerning the specific aspects of central/municipal government control (supervision).

It has been established that:

a resolution to carry out preventive or control/supervisory activity and a warning that violations of mandatory requirements are prohibited need not be formalised as a separate document that is then to be entered into the unified register. For a resolution to be adopted and a warning to be issued, it will be sufficient to enter in the register relevant information which has been signed. An excerpt can be generated in the register, such excerpt containing a QR-code that provides a link to the relevant entry;

if a mandatory preventive visit turns out to be impossible to carry out owing to the actions/an omission of a controlled person, the inspector will draw up a statement to that effect and inform the controlled person. In that case, the controlling/supervisory authority may decide that such preventive visit be made without any notification.

Also on the subject:

The Russian Government’s draft decree

Public discussions are now taking place.

Amendments have been proposed to the Russian Government’s Decree No. 336 dated 10 March 2022 concerning specific aspects of central/municipal government control. In particular, the possibility has been stipulated for:

• a non-scheduled control/supervisory activity to be held:

• upon consultation with the prosecutor’s office, if no notification has been submitted of the start of entrepreneurial activity;

• without any consultation with the prosecutor’s office, if competent authorities report any potential threat to the national defence and state security;

• without notifying a controlled person, if risk indicators have been identified in relation to the mandatory labelling of products within the scope of federal state control/supervision in the field of protecting consumers’ rights;

• orders to be issued based on the outcome of control/supervisory activities, without any interaction;

• within the scope of mandatory preventive visits:

• an inspector, not later than 3 months after a report has been drawn up that it is impossible to visit, to perform controlling actions at any moment before the term of relevant visit is completed;

• the timeframes for such visits to be extended to 10 business days.