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Baltutite I.V. Participation of Small Business Subjects in the Contract System of the Sphere of Purchasing Goods, Works and Services for State and Municipal Needs

Baltutite Iolanta Vidmantovna

Candidate of Juridical Sciences, Assistant Professor, Department of Civil and International Private Law, Volgograd State University, Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS)

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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Abstract. Previously, both practitioners and theorists have repeatedly raised the issue of participation of small business subjects in state and municipal contracts. However, even today the problem of this procedure remains urgent, especially after the adoption of the new Federal law no. 44-FZ “On the contract system in the sphere of purchasing goods, works and services for state and municipal needs”. In comparison with the previous Federal law of the Russian Federation “On placement of orders for deliveries of goods, performance of work, rendering services for the state and municipal needs”, indicating only the subjects of small business, the new law defines a new subject – socially focused non-profit organizations. According to the new legislation, the customer is obliged to carry out purchases at subjects of the small business, socially focused non-profit organizations in a size not less than 15 % of cumulative annual volume of the purchases provided by the plan schedule. Thus, the initial (maximum) price of the contract should not exceed twenty million rubles. Only specified subjects who are obliged to declare the belonging to subjects of small business or socially focused nonprofit organizations in applications for participation in purchases can act as participants. The formulation about declaring closes a legislative gap as in Russia at present moment there is no universal general document confirming belonging of the participant to subjects of small business. The legislation on development of small and average business doesn’t contain regulations on introduction of legal entities in the register of small business. Entering into the register of small business isn’t a condition of reference of the organization to subjects of small business. Decrease in the size of tender security on participation in the auction will make active
subjects of small business to participation in the government and municipal procurements through simplification of access to procedures of placement of orders.

Key words: small business entity, public and municipal contracts, measures of support of small and average businessmen, small business lending, placing orders for subjects of small business, the contract system.

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