Purchasing control of the import equipment and services in Russia

2015

The bill of Ministry of Economics is introduced to the Duma

In March, 2015 the Ministry of Economic Development submitted for consideration in the State Duma the bill (to download PDF) with changes in 223-F3 about purchases, the expanding control of the state over purchases of the import equipment and services.

In an initial type 223-F3 allows the government to set a priority of goods and services of the Russian origin in relation to foreign on purchases of state corporations, state companies, subjects of natural monopolies and a number of other structures. In the explanatory note to the bill of making changes in 223-F3, published on the official portal of placement of drafts of regulations, it is specified that it is not possible to implement this power of the government since it can be treated as violation of basic rules of the WTO.

In the new version of the law the Government of the Russian Federation is allocated with the right to set "features of planning and implementation" of purchases, and these powers are offered to be extended also to the large investment projects implemented by the state organizations and the companies, share of the Russian Federation in which keeps more than 50% and also on investment projects to which there is state support.

Implement powers of the state on control of purchases of the foreign equipment and services there will be a government commission on import substitution which chairman should be Dmitry Medvedev

According to new powers, the government will be able to set additional requirements to the maintenance of regulations on purchase regarding requirements to an order of preparation and holding procurement procedures, purchase methods, an order of signing of the contracts, accounting of possible suppliers and also feature of a statement of regulations on purchase and entering of changes into it.

Also the state will be able to set features of formation of the plan of purchase of goods and services, including additional requirements to a form of such plan, term for which it is developed of the rule of information exchange of customers with procurement participants and suppliers, to feature of performance of agreements.

According to representatives of the Ministry of Economic Development, under regulation of this law all goods purchased by customers within implementation of investment projects will get.

Follows from the documents of the bill filed to the State Duma that at the government the commission on import substitution should be created. The Ministry of Economic Development reported to TAdviser that as of the end of March it is not approved yet: neither its provision, nor structure. It is planned that Dmitry Medvedev will be the chairman of this commission, and Deputy Prime Ministers, ministers of almost all federal executive authorities (The Ministry of Economic Development,the Ministry of Finance,Ministry of Communications,Minpromtorg,the Ministry of Agriculture, etc.) will be its part.

Representatives of department also told TAdviser that the draft resolution approving the government commission on import substitution assumes introduction of two lists. The first should turn on priority investment projects which promote import substitution, increase in export and technology development, and the second – the large investment projects implemented by the state organizations or joint-stock companies which share of the Russian Federation in authorized capitals makes more than 50%, or investment projects to which there are measures of the state support. As of the end of March this project is with development being approved in Ministry of Justice.

Criteria and order of selection of investment projects for inclusion in the register of investment projects which are measures of the state support will also be defined by the government.

Now in Russia there is a register of the investment projects selected for participation in the program of support of the investment projects implemented in the territory of the Russian Federation on the basis of project financing. The government approved the appropriate program in October, 2014, and in December the Russian credit institutions and international financial institutions at the Ministry of Economic Development for participation in this program were selected:Sberbank,Rosselkhozbank,Alfa-Bank and VTB.

In the register of the investment projects selected for participation in the program, published in February on the website of the Ministry of Economic Development only three projects are registered so far: start of the fourth mobile operator in Moscow - the construction of 3G networks/4G and two projects connected with construction of facilities of poultry farms.

Opinion of players of IT market on the bill. Poll of TAdviser

The president of R-Style GroupVasily Vasin considers that the idea of the bill correct, but the system of implementation should be another. According to the bill the state will have an opportunity to control expenses on equipment procurements and software and also it will support the Russian producer. But support at the same time appears by methods of restrictions and bans, he notes.

"Unfortunately, we see the next example of manual control by economy, withdrawal from the principles of market economy that will lead to decrease in the competition. The mechanism of implementation of the bill will increase bureaucratization, will give possibility of monopoly", - the president of R-Style Group told TAdviser.

He added that an initiative of the government correct and that it is necessary to create mechanisms of support of domestic manufacturer. It will allow to create in rather short terms in Russia competitive software products, etc. However, to draw unambiguous conclusions concerning the bill, it is worth waiting for comments from the regulating structures, Vasily Vasin told.

The president of R-Style Group Vasily Vasin believes that the mechanism of implementation of the bill of Ministry of Economics will increase bureaucratization and will give possibility of monopoly

The marketing director of Ay-Ti GroupDmitry Vedev in a conversation with TAdviser noted that the state as the major shareholder (in case of the companies from shares more than 50%) and the large investor has the right to influence purchasing policy in the projects implemented for the state money. It is normal practice and the purpose of this law - expansion of demand for domestic production at the expense of budgetary funds - quite worthy, he notes.

"The main question will concern how in practice procedures of such control will be implemented and whether increase in level of decision making will become "a narrow neck". It would not be desirable that the taken measures led to excessive tightening of terms when implementing projects", - Vedev argues.

According to him, it is obvious that completely "manual" management of each of many tens of thousands of tenders on state procurements is just impossible. Work on creation of registers of domestic import-substituting production is necessary, accurate criteria are necessary: what import products can be substituted and what are not present. "It is no secret, that today in the same IT sphere we cannot substitute import for 100%. In other industries, it is sure, there is no such opportunity too", Dmitry Vedev says.

Konstantin Kutukov, the director of strategic marketing of the Asteros group told TAdviser that the bill unambiguously expands operation of federal laws on purchases and will demand change of rules of purchase in got under its action of the companies. It is about additional protection of the state investments, control of their target use. At the first stage it will lead to tightening of terms since will demand adaptation of internal processes of the company, review of the contract and the relations with the current equipment suppliers and services, including - in the field of IT.

"As far as it will help import substitution – now difficult to tell. It is important to note that the companies and the organizations getting under expansion of operation of the law can treat rather successful industrial enterprises, financial companies, large public and private partnership, etc. Other 50% at the same time can be private. So there will be an opportunity to save and a part of private investments in our territory", - Kutukov argues.

For the IT market, in the presence of local analogs, preference will be given them, there will be an additional market for the Russian developers, producers and integrators, and foreign suppliers for preserving of positions will aim at localization of a product, transfer to development in Russia and finally – at additional investments and creation of jobs in the IT sector, the representative of Asteros believes. He added that, however, to speak about efficiency of this measure so far early: in the conditions of crisis any changes of rules of work of economic entities can lead to economic losses or decrease in efficiency of the companies.

Ivan Shumovsky, the head of infrastructure solutions of Croc company, shared opinion with TAdviser that emergence of the similar legislative initiative - rather expected course: the state created a trend on import substitution and it is absolutely logical that develops now instruments of control of execution, he says.

"We passed a similar way with the law on personal data and it is possible to tell that a lot of things depend on extent of study not only the law, but also regulations in which specific requirements of execution are detailed, - Shumovsky notes. - On feelings Croc, in a case with the law on personal data was required to the market 3-4 years that the procedure of execution passed into discharge of routine actions. During this time many regulations were repeatedly finished according to the results of their discussion with professional communities".

According to Ivan Shumovsky, this time transition to full application of the law can take less time, considering experience and a course towards increase in efficiency of public administration in the conditions of reduction of budget financing.

The managing director ServionikaEvgeny Shchepilov considers that the state support of the IT industry in the field of import substitution is necessary, but it will be more effective not in the form of "economical department", and in a format of non-profit partnership. The independent non-profit partnership can become the center of methodological support of domestic projects on development and the guarantor of target use of the funds allocated by the state. Such institute could build in cooperation with government institutions strategy and technology priorities of the industry depending on long-term requirements of economy, he told in a conversation with TAdviser.

"Besides, based on this independent institute it is possible to integrate the Russian and foreign developments – it is important for rapid growth of the industry, the IT industry around the world always developed dynamically and productively exactly thanks to open exchange of the ideas. On the way of import substitution as adaptation of foreign technologies successfully there passed such global IT leading as South Korea, Hong Kong, India, China, Brazil, and this strategy brought rapid growth", - Shchepilov notes.

Domestic technologies were included into priorities of use of ICT in state agencies

In the spring of 2015 of the Ministry of Telecom and Mass Communications prepared the draft resolution of the government according to which in state agencies ensuring technology independence and information security when using of ICT was among the priority directions of development of ICT by them, including - due to domestic technologies and the free software. The Ministry of Telecom and Mass Communications will control compliance of plans of informatization of state agencies to the approved priority directions. In more detail according to the link.

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