Electronic signature for public procurement. Creation of a contract service or appointment of a procurement manager in an organization Should the contract manager have an digital signature

In this article, we will explain what an electronic signature is, what types of electronic signatures are on the market, and how to choose what you really need.

In the modern economy with the development of information technology and the emergence of electronic document management, signing a file graphically does not make any sense. The signature of an authorized person, entered into an electronic document in a graphical way, can be easily forged. This led to the emergence of an electronic signature, the mathematical algorithm of which excludes the possibility of forgery.

What is an electronic signature. It is not difficult to answer this question. An electronic signature (previously the term "digital signature" was used) is information in electronic form that serves to identify a person signing an electronic document.

If a graphic signature along with a seal (for legal entities) is included in the list of mandatory details of a paper document, then an electronic signature is a full-fledged requisite of a document in electronic form. It protects information from forgery, distortion and allows you to uniquely identify the signatory who owns the key.

The certificate of the electronic signature verification key contains:

The unique certificate number of the electronic signature verification key, the start and end date of such certificate;

Last name, first name and patronymic (for individuals), name and location - (for legal entities) and other information that allows you to identify the owner of the certificate of the electronic signature verification key (TIN, OGRN, KPP, full name and position of the owner, etc.) ;

Unique key for verifying the electronic signature;

The name of the certification authority that issued the certificate of the electronic signature verification key.

The use of an electronic signature in the Russian Federation is regulated by Federal Law No. No. 63-FZ "On Electronic Signature".

In accordance with Art. 5 of Federal Law No. 63-FZ, the types of electronic signatures are a simple electronic signature and an enhanced electronic signature. At the same time, an enhanced unqualified electronic signature and an enhanced qualified electronic signature are distinguished.

Avoiding complex technical terms, we can say that a simple electronic signature and an enhanced unqualified electronic signature are similar to a graphic signature on documents, and an enhanced qualified electronic signature is equivalent to a signature certified by the organization's seal. To create an enhanced qualified electronic signature, cryptoprotection mechanisms that have been certified by the Federal Security Service of the Russian Federation are used.

An electronic signature is usually made in the form of USB key fobs (“flash drive”, “token”). Less often, smart cards, floppy disks, Touch-Memory tablets are used to store the key.

An electronic signature can be used for the purposes of document management both within the company and with external structures, for interaction with government agencies, as well as for accessing government services or participating in bidding on electronic trading platforms.

An electronic signature for bidding provides access to electronic trading platforms for federal and municipal procurement, commercial platforms, and platforms for bankruptcy and sale of property.

Let's try to figure out what kind of electronic signature is required for participants in public procurement. To do this, we turn to Federal Law No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs." Entered into force on July 1, 2018 The wording of Article 5 of Federal Law No. 44-FZ answers this question:

It is allowed to exchange electronic documents between participants in the contract system in the field of procurement, including the filing of applications for participation in the determination of suppliers (contractors, performers), final proposals. Specified Bids, Final Offers and Electronic Documents must be signed with an enhanced electronic signature and filed using an electronic platform, a specialized electronic platform.

-qualified key certificates verification of electronic signatures intended for use by participants in the contract system in the field of procurement (with the exception of procurement participants who are foreign persons) are created and issued by certification centers that have received accreditation for compliance with the requirements of the Federal Law of April 6, 2011 N 63-FZ "On Electronic Signature ".

So, if your company plans to take part in electronic public procurement, you will needenhanced qualified electronic signature.

To organize workflow with other state bodies - for example, the Federal Tax Service, Pension Fund, FSS, or filing a complaint with the FAS, an enhanced qualified electronic signature is also required.

For whom it is necessary to issue an electronic signature to the procurement participant. The simplest and most logical option is for the head of the company, unless of course he is against it. If the manager prefers to focus on managing the company, does not have free time to personally engage in the participation of the company in public procurement and prefers to entrust this responsibility to his subordinates (you must agree, he can also be understood), then the following distribution of the roles of electronic signature users in the organization is possible:

Administrator - manages accounts, registers or blocks electronic signatures, makes changes to information about the organization;

Authorized specialist - sends requests for clarification of the terms of the purchase, submits applications for participation in auctions, submits price proposals (participates in the auction), draws up the return of the security of tender bids;

Specialist with the right to sign a contract - signing contracts in case of winning the auction.

But this, perhaps, is only relevant for large companies. In practice, in small and medium-sized companies, an electronic signature is often issued to the head, and it is used on his behalf by an employee authorized by the head, to whom the electronic media is transferred.

To obtain an electronic signature, you must contact any of the accredited certification centers, providing the necessary package of documents. For legal entities, an approximate list of documents will look like this:

1. Questionnaire-application for the production of an electronic signature.

2. A copy of the Certificate of state registration of a legal entity.

3. A copy of the Certificate of registration with the tax authority.

4. A copy of the document on the appointment of the head, certified by the signature of the head and the seal of the organization, if the EDS key certificate is made in the name of the head of the organization.

5. A power of attorney confirming the authority of the owner of the EDS key certificate, certified by the signature of the head and the seal of the organization, if the EDS key certificate is made in the name of an authorized representative of the organization.

6. A copy of the passport of the citizen of the Russian Federation in whose name the EDS key certificate is issued (certificate holder).

7. Consent to the processing of the user's personal data.

The composition of the package of documents for different certification centers may vary slightly.

To work with an electronic signature, it is necessary to properly configure the user's computer (workplace). In particular, you need to install:

The program "Crypto-PRO" - a paid license (for a year) and the program itself (distribution kit) is usually sold complete with an electronic signature. It is possible to install the program free of charge without a license number for a trial period of 3 months;

CAPICOM library (free download);

For some electronic trading platforms, you may need to install additional client programs and customizers.

In this article, we will not dwell on the process of setting up an electronic signature user's workplace. If necessary, we recommend that you use the services of specialists. Work on setting up a workplace can be done remotely.

And what about the customer of public procurement - he also needs an electronic signature. As well as a procurement participant, the customer needs an enhanced qualified electronic signature. But he will receive it not in the certification center, but in the corresponding territorial department of the Federal Treasury. On the official website of this institution, you can familiarize yourself with the procedure for obtaining electronic signatures.

Unlike procurement participants, government customers need to issue an enhanced qualified electronic signature.

In conclusion of the topic, let's say a few words about the use of an electronic signature for organizing purchases under Federal Law No. 223-FZ.

For a legal entity acting as a customer, it is necessary to go through the mandatory registration procedure in the Unified Identification and Authentication System (ESIA). This system was created by the Ministry of Communications of the Russian Federation as part of the e-government infrastructure and is designed to streamline and centralize the process of registration, identification, authentication and authorization of users.

To register in the ESIA, it is necessary to use a qualified electronic signature issued in the name of the head of the legal entity or to a person entitled to act on behalf of the legal entity. Such certificates are issued by certification centers accredited by the Ministry of Telecom and Mass Communications of Russia.

At the same time, for placement in the EIS, customers are allowed to use both certificates issued by the certification center of the Federal Treasury and certificates issued by accredited certification centers under 223-FZ. The certificate must contain the following information: user's full name, user's SNILS.

All features of work in the EIS within the framework of Law No. 223-FZ, including registration and placement of information, are described in detail in the instructions posted on the public part of the zakupki.gov.ru website.

As for participants in procurement conducted under Federal Law No. 223-FZ, the requirements for the electronic signatures used determine the corresponding electronic trading platforms where electronic procedures are carried out. Given that the number of commercial ETPs exceeds 4 thousand, we will not dwell on this topic in detail. We only note that such information can be found without much difficulty on the website of the corresponding electronic trading platform.

Procurements carried out in accordance with Federal Law No. 185-FZ "On the Fund for Assistance to the Reform of Housing and Communal Services" stand somewhat apart. Within the framework of this law, the territorial organizations of the Fund carry out purchases of work on the overhaul of apartment buildings. In accordance with Decree of the Government of the Russian Federation No. 615 dated July 1, 2016, the procurement procedure is similar to the procurement procedure for goods, works, services for state and municipal needs (44-FZ). Accordingly, the requirements for an electronic signature look similar.

If you have any difficulties with choosing or obtaining an electronic signature, you can always turn to the specialists of the Credit and Insurance Agency for help by leaving a request on the website: We will help you obtain the necessary electronic signature in the shortest possible time at the prices of a certification center.

Use your time to develop your business, entrust the solution of problems with participation in government or corporate procurement to specialists!

Credit Insurance Agency - Your reliable assistant in the field of public procurement!

Only specialists in this field - a contract manager or a contract service - are allowed to organize public procurement in institutions and departments of the Russian Federation. In this article, we will look at what you need to consider when creating such a service or appointing a manager.

Responsibilities of a contract manager or contract service

According to Art. 38 of Law 44-FZ on the contract procurement system, those institutions should create a contract service, the annual volume of purchases of which, indicated in their schedule, is 100 million rubles. In those institutions in which this amount is less, and there is no contract service at all, an official responsible for conducting procurement should be appointed - a contract manager.

According to Art. 38 of Law 44-FZ, among the duties of a contract service or a manager are:

• carrying out the development of plans and schedules for procurement and their placement in a single information system (EIS);
• organization of purchases and conclusion of contracts for them;
• taking part in the consideration of cases related to appealing the results of determining the winners of procurement tenders and preparing materials necessary for claim work;
• consulting with contract executors in order to determine the level of competition in the market, search for the best solutions in organized public procurement and perform other functions.

In paragraph 3 of Art. 38 of Law 44-FZ says that the contract service must act in accordance with the regulation, which was developed and approved on the basis of the model regulation, which, in turn, was approved by the federal executive body responsible for regulating procurement under the contract system . For the preliminary preparation of the regulations of the institution, you can use the regulations developed by the Ministry of Economic Development.

Procurement specialist education

According to Art. 9 of Law 44-FZ, the principle of professionalism applies to customers. It provides that the customer must involve qualified specialists who have both theoretical knowledge and skills in the field of procurement to work with procurement.

Efforts should be made in institutions to maintain and improve the professionalism and qualifications of procurement professionals. Including - and through their retraining in accordance with the laws of the Russian Federation. But here it is important to note that there are not so many employees with higher or additional education in the field of procurement in Russia.

Now neither universities nor other educational institutions train procurement specialists in the required quantity. The Ministry of Education and Science is coordinating plans for the preparation of relevant methodological recommendations for the creation of additional vocational education programs.

But before you send an employee to an educational institution for training in the course of public procurement and procurement of private companies, you should familiarize yourself with the license for the provision of educational programs by this institution.

The personnel issue of the procurement sector is especially acute in those organizations that are engaged in procurement activities on a large scale and need contract services. Since the activities of such organizations are extensive, the knowledge of procurement specialists should be sufficient to make decisions on legal, accounting, economic or other issues.

Until January 1, 2016, the place of a procurement specialist in an institution can be occupied by a person who has studied at a higher educational institution or in additional educational courses under the order placement program. These are the specialists who were trained to work under the Law 94-FZ "On placing orders for the performance of work, the supply of goods or the provision of services for municipal or state needs."

Procurement training for your employees

A contract service at an enterprise can also be created from among the working employees. To do this, it is necessary to issue an appropriate order, and reflect the new additional duties of employees in employment contracts and job descriptions.

This possibility is realized on the basis of Art. 74 of the Labor Code of Russia, which regulates the possibility of changing an employment contract for reasons related to the fact that organizational or technological changes were made to working conditions. If, for technological and organizational reasons, it is impossible to save a previously drawn up employment contract, then the employer has the right to change it, but with the preservation of the employee's labor function. The employer must inform the employee in writing about the changes and the reasons for them no later than 2 months before the changes are made.

If the employee does not agree to the new conditions, the employer must offer him in writing another available job that corresponds to the qualifications of this employee or a job that is lower in position and pay, performed by the employee, taking into account his state of health. If the employer does not have such a job or the employee refuses the existing job, the employment contract between them is terminated, which corresponds to Part 1 of Art. 77 of the Labor Code of Russia.

Electronic signature (ES) Today it is widely used by various business entities. Without it, it is impossible to remotely submit reports, contact a government agency, sign an electronic document. To participate in the auction, an electronic signature is required for both the customer and the contractor. Which EDS is right for you? How to get it? We will talk about this in the article.

What is ECP

Digital signature- this information about a person in electronic form, which is stored on a special medium in encrypted form. EP certificate contains data on the name or full name of the person, his TIN, KPP (for organizations), PSRN, position and authority of the owner.

The legal basis for the use of electronic signature - Federal Law No. 63-FZ dated April 6, 2013. It defines what types of signatures exist, in what cases each of them should be used, in what order the legal force of documents signed by EDS is recognized, and many other nuances.

Registration in ERUZ EIS

From January 1, 2019 to participate in trading under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

According to this law EPs are of three types.:

• simple electronic signature;
• enhanced unqualified electronic signature;
• enhanced qualified electronic signature.

To participate in the auction, signatures are issued with powers:

• organization administrator;
• authorized specialist;
• specialist with the right to sign the contract.

The signature of a particular person can be assigned any of these powers, and even several. It all depends on what the organization needs.

What signature is needed for bidding under 44-FZ

All bidders that are held will need to acquire an electronic signature:

• to customers - enhanced qualified electronic signature;
• to suppliers - an enhanced unqualified electronic signature.

The signature will be useful at each stage of the auction and during any transactions on the ETP. It is also worth considering that the requirement for a signature does not depend on whether the organization is going to work on a federal or commercial site. Signature will be required for any ETP, however, is different. There are digital signatures that allow you to participate in auctions only on federal sites, but there are also those that include work on commercial ones.

Note! The signature, which is issued for participation in auctions under 223-FZ, will not be suitable for bidding under 44-FZ.

A short video about choosing an EDS for a supplier:

Where can I get an electronic signature?

Where to apply for a signature depends on the capacity in which the organization is going to participate in the auction:

1. as a customer. In this case, the EDS is issued by the territorial body of the Federal Treasury. The received certificate will be valid at any federal site.
2. As a supplier(performer, contractor). For an EDS, you should contact a certification authority (CA).

How to choose a certification authority?

Different sites set their own requirements for certification centers. Therefore, the process should be started from the choice of ETP on which the bidding will take place.

• visit the ETP website and find a list of certification centers on it;
• choose one of them and specify what documents will be needed;
• collect a package of documents and go for a signature.

Often, customers have a question: Who needs to be signed electronically?on theleader, on, onthembothandX? The answer is simple - to the one who will sign documents for the ETP, including contracts. It is up to the customer to decide who to give such powers - a manager or a procurement specialist.

Set for documents for registration of EDS

The minimum set of documents is usually something like this:

• an application for the production of an EDS key;
• documents on the basis of which the organization and its head operate - a copy of the Charter, an extract from the register, a copy of the order on the appointment of a director;
• documents of the person to whom the EDS will be issued, including a power of attorney to exercise the powers that will be prescribed in it;
• if the owner of the signature submits documents through a representative, then a power of attorney in his name.

When the signature is ready, the certification authority will issue:

1. Token. An EDS key is a file that is placed on a special device - a token. It should contain:
   • key file;
   • EDS verification key certificate file.
2. A copy of the key verification certificate on paper signed and stamped by the CA.
3. license for the right to use the electronic signature tool (PC program).
4. Digital media with the installation files of this program and documentation.

How to store EDS

The storage of an electronic signature should be treated responsibly. According to the rules, it is forbidden to transfer your EDS for use by other persons, but in practice this happens everywhere.

Along with the token, a secure pin will be issued, which should be kept confidential. In this case, even if the media is lost, no one will be able to use the digital signature. If a carrier lost, you need to contact the certification center. The old key will be canceled and a new one will be generated for the user. True, you will have to pay again for the production of an EDS.

Can the CEO transfer his electronic signature to employees and will he be responsible for the consequences resulting from its use in this case?

Is the general director of a joint-stock company entitled to transfer his electronic digital signature for use by procurement department employees in order to conclude contracts, sign payment orders for their payment, by issuing such a transfer with an appropriate order? In this case, will the General Director be liable for improper (illegal) actions committed by employees of the Procurement Department using his EDS? Is it possible to issue an EDS in the name of any of the employees of the Procurement Department who have powers of attorney to exercise powers signed by the General Director?

First of all, we note that the use of an electronic signature - an analogue of a handwritten signature is allowed in cases and in the manner prescribed by law and other legal acts or by agreement of the parties (clause 2 of article 160 of the Civil Code of the Russian Federation). Relations in the field of the use of electronic signatures in civil law transactions, the provision of state and municipal services, the performance of state and municipal functions, in the performance of other legally significant actions, in all cases established by federal laws, are regulated by the Federal Law of 04/06/2011 N 63- Federal Law "On Electronic Signature" (hereinafter - Law N 63-FZ).

An electronic signature (hereinafter - EDS) is information in electronic form that is attached to other information in electronic form (signed information) or is otherwise associated with such information and which is used to determine the person signing the information (clause 1, article 2 of the Law N 63-FZ).

In accordance with paragraph 1 of Art. 5 of Law N 63-FZ establishes the types of EDS: a simple electronic signature and an enhanced one, which, in turn, can be qualified and unqualified. It is distinguished from a simple enhanced electronic signature by the obligatory presence of an electronic signature key (a unique sequence of characters intended for creating an electronic signature) and an electronic signature verification key (a unique sequence of characters uniquely associated with the electronic signature key and intended for verifying the authenticity of an electronic signature) specified in the corresponding certificate - an electronic document or a document on paper issued by a certification center or an authorized person of the certification center and confirming that the electronic signature verification key belongs to the owner of the certificate of the electronic signature verification key (clauses 2, 3, 5, 6, article 2, clauses 2, 3, article 5 of Law N 63-FZ).

For an unqualified electronic signature, an electronic signature verification key certificate may not be created if the correspondence of such an electronic signature to the characteristics of an unqualified electronic signature can be ensured without using this document (clause 5, article 5 of Law N 63-FZ). In turn, one of the requirements that a qualified electronic signature must comply with is the requirement to indicate the electronic signature verification key in a qualified certificate (clause 1, part 4, article 5 of Law N 63-FZ).

As follows from paragraph 2, part 2, part 3, Art. 14 of Law N 63-FZ, a certificate of the electronic signature verification key can also be issued to a legal entity. In this case, it shall indicate the name and location of the legal entity, as well as an individual acting on behalf of the legal entity on the basis of the constituent documents of the legal entity or a power of attorney. In other words, it can be either the general director or another person authorized by a power of attorney. At the same time, there are no restrictions on the number of certificates issued to one legal entity by law.

Thus, an electronic signature can be issued both to the general director of a joint-stock company, and to another person acting by proxy.

Further, according to the general rule enshrined in paragraph 1 of Art. 4 of Law No. 63-FZ, the type of EDS used is determined by the participants in electronic interaction at their own discretion, unless regulatory legal acts or an agreement between participants in electronic interaction establish requirements for the use of a specific type of EDS in accordance with the purposes of its use.

So, for example, electronic document management in the contract system in the field of procurement is carried out using an unqualified enhanced electronic signature (clause 3, part 1, article 4, article 5 of the Federal Law of 04/05/2013 N 44-FZ "On the contract system in the field of procurement goods, works, services to meet state and municipal needs"), while the Federal Law of 06.12.2011 N 402-FZ "On Accounting" involves the preparation of primary accounting documents both on paper and in the form of an electronic document certified by an electronic signature (clause 5, article 9 of this Law) (at the same time, we note that for the purposes of accounting and tax accounting, primary accounting documents, including payment orders drawn up in electronic form, must be signed with a qualified electronic signature, which follows from clause 1, 2, article 6 of Law N 63-FZ and letter of the Ministry of Finance of the Russian Federation dated 01.23.2013 N 03-03-06/1/24).

Please note that the law does not provide for the possibility of establishing restrictions on its use in a certificate of an unqualified enhanced electronic signature, in contrast to a certificate of a qualified enhanced electronic signature, which, however, may also not contain such restrictions (clause 4, article 11 of Law N 63 -FZ).

In accordance with paragraph 1 of Art. 10 of Law N 63-FZ, when using enhanced electronic signatures, participants in electronic interaction are required, among other things, to ensure the confidentiality of electronic signature keys, in particular, not to allow the use of electronic signature keys belonging to them without their consent. This wording allows us to conclude that it is possible for other persons to use electronic signature keys with the consent of a participant in electronic interaction. Otherwise, we are talking about a violation of the confidentiality of the electronic signature key, about which its owner is obliged to notify the certification center that issued the certificate of the electronic signature verification key, and other participants in electronic interaction within no more than one working day from the date of receipt of information about such a violation. He is also obliged not to use the electronic signature key if there is reason to believe that the confidentiality of this key has been violated (clauses 2, 3, article 10 of Law N 63-FZ).

Nevertheless, we believe that the norm of paragraph 1 of Art. 10 of Law N 63-FZ does not imply the transfer of the right to use an enhanced electronic signature to another person on the basis of any administrative document or power of attorney (Article 185 of the Civil Code of the Russian Federation), but only indicates the technical possibility of affixing an electronic signature by another person (for example, a technical specialist) with the consent and under the control of the owner of the certificate of the electronic signature verification key. We repeat that an electronic signature is an analogue of a handwritten signature, the responsibility for the execution of which lies with its owner. The Law N 63-FZ does not directly transfer the right to use an EDS from its owner to another person.

In case of unauthorized use of the EDS, the responsibility for the unlawful consequences of such use may be assigned to the owner (see, for example, the decision of the Leninsky District Court of Vladivostok, Primorsky Territory dated December 8, 2014 in case No. 5-1087 / 2014).

The system will help you to get acquainted with the texts of the documents mentioned in the experts' answer without spending a lot of time on independent analysis.GUARANTEE .

№ 12-673/2016

SOLUTION

in the case of an administrative offense

Judge Soviet District Court. Makhachkala Mahatilova P.A., having considered the complaint of the chief physician GBU RD «Buinakskaya TsGB» FULL NAME1, on the decision of the Deputy State Financial Control Service RD FULL NAME2 № from DD.MM.YYYY about an administrative offense under Part.4.2 Article. RF,

installed:

DD.MM.YYYY the Deputy of the State Financial Control Service RD FULL NAME2 in relation to the official - the Chief Physician of the State Budgetary Institution of the Republic of Rep. "Buinakskaya TsGB" FULL NAME1, issued a decision in the case of an administrative offense No. GBU RD «Buinakskaya TsGB», found guilty of committing an administrative offense, under Part. 4.2Article. RF expressed in the fact that the auction documentation does not contain the terms of the bank guarantee provided for by Art. 45 of the Law on the contract system, as well as in connection with the violation of paragraph 2 of Art. 42 of the Law on the contract system

Disagreeing with this decision, the chief physician of the State Budgetary Institution of the Republic of Estonia "Buinakskaya TsGB" FULL NAME1 appealed to the court with a complaint against the above decision of the Service within the time limits established by Art. Art. The Russian Federation attracted an official who was not subject to administrative liability. The contested decision was issued in violation of the rules established by the norms of Art. RF. He asked the court to declare the ruling unlawful.

At the hearing, the representative of the chief physician of the GBU RD "Buinakskaya TsGB", by proxy, lawyer FULL NAME3 supported the complaint on the grounds indicated in it, asked to cancel the decision of the official of the Service dated DD.MM.YYYY No. and explained that in the GBU RD "Buinakskaya TsGB" order from DD.MM.YYYY № contract service was established. In accordance with Part 3 of Art. 38 of Law No. -FZ approved the provision on contract service from DD.MM.YYYY. On the basis of the established contract service, a contract manager was appointed by order and rights and obligations were determined in accordance with job descriptions. Art. The Russian Federation provides that an official is subject to administrative liability in the event that he commits an offense in connection with the failure to perform or improper performance of his official duties. As stated in the note to Art. The Russian Federation, contract managers, an employee of a contract service who have committed administrative offenses under Article 7.29-7.32, bear administrative responsibility as officials. Thus, a violation of Federal Law-44 is subject to the responsibility of the contract manager, and not the Chief Physician, who took all the necessary measures to implement the law, created a contract service, identified an official, and approved a standard provision.

The representative of the Service by proxy FULL NAME4 at the hearing objected to the satisfaction of the complaint, explaining that the official - the chief physician of the GBU RD "Buinakskaya TsGB" FULL NAME1 was justifiably brought to administrative responsibility, since they violated the provisions of the Law FZ-44 "On the contract system in the field procurement of goods, works, services to meet state and municipal needs "(Further -FZ-44).

In accordance with the job descriptions, the duties of the contract manager do not include approval of the procurement documentation, therefore, he cannot bear responsibility for this offense.

Imposing additional duties on an official is a violation of labor laws.

The head of the customer, as an official who acts on behalf of a budgetary institution without a power of attorney, must himself approve the procurement documentation, or appoint an official responsible for its approval.

There is no evidence that the contract manager was responsible for approving the procurement documentation in the case file. Thus, in connection with the fact that the duties were not assigned to the contract manager, the responsibility is precisely FULL NAME1, as an official.

The contract manager was not entitled to use the electronic digital signature of the chief physician when placing information in the EIS, in particular, the notice of the procurement and the procurement documentation were placed using the electronic digital signature FULL NAME1

In connection with the above, I asked the court to dismiss the complaint.

After listening to the participants in the process, examining the material of the case, the court comes to the following.

In silhouette. 24.1 of the Code of Administrative Offenses of the Russian Federation, the tasks of proceedings in cases of administrative offenses are comprehensive, complete, objective and timely clarification of the circumstances of each case, its resolution in accordance with the law.

Consistent. 26.1 of the Code of Administrative Offenses of the Russian Federation, during the proceedings on a case of an administrative offense, the circumstances that are important for the correct resolution of the case are subject to clarification, namely: the presence of an event of an administrative offense; guilt of a person in committing an administrative offense; other circumstances that are important for the correct resolution of the case.

Consistent. 2.4 of the Code of Administrative Offenses of the Russian Federation, an official is subject to administrative liability in the event that he commits an administrative offense in connection with the failure to perform or improper performance of his official duties.

As stated in the note to Art. The Russian Federation, contract managers, an employee of a contract service who have committed administrative offenses under Article 7.29-7.32, bear administrative responsibility as officials.

The argument of the representative of the Service that the contract manager was not empowered to approve the procurement documentation is untenable.

In accordance with Part 4 of Art. 38 of the Law on the contract system, the contract manager exercises the functions and powers specified in paragraphs 1-6 of part 4 of Art. 38 of the Law.

In accordance with Part 4 of Art. 38 of Law N 44-FZ The contract service and the contract manager perform the following main functions and powers:

1) develop a procurement plan, prepare changes to it, place these documents in the EIS (clause 1, part 4, article 38 of Law N 44-FZ);

2) develop a schedule and changes to it, place these documents in the EIS (clause 2, part 4, article 38 of Law N 44-FZ);

3) prepare and place in the UIS notices, procurement documentation (if necessary), prepare and send invitations to participate in the determination of suppliers by closed methods (clause 3, part 4, article 38 of Law N 44-FZ);

4) ensure the implementation of procurement, including the conclusion of contracts (clause 4, part 4, article 38 N 44-FZ);

5) participate in the consideration of cases on appealing the results of determining suppliers and prepare materials for the performance of claim work (clause 5, part 4, article 38 of Law N 44-FZ);

6) if necessary, organize consultations with suppliers and participate in them (clause 6, part 4, article 38 of Law N 44-FZ);

7) exercise other powers provided for by Law N 44-FZ (clause 7, part 4, article 38 of this Law).

These powers include, among other things, the obligation to approve procurement documentation.

By order of the chief physician of the State Budgetary Institution "Buinakskaya TsGB" FULL NAME1 dated DD.MM.YYYY No., a contract service was created in the State Budgetary Institution of the Republic of Estonia "Buinaksk". On the basis of this order, the provision on contract service from DD.MM.YYYY was approved.

By order of DD.MM.YYYY No. appointed contract manager - accountant FULL NAME5, for which the job description of the contract manager was approved, although it is not a mandatory local act by law.

In the case file, there is no order from the chief physician of the GBU «Buinakskaya TsGB» FULL NAME1 on imposing on FULL NAME5 the duties of approving the procurement documentation.

Meanwhile, in clause 2.3, the duties of the contract manager include the preparation and placement in the EIS of notices of procurement, procurement documentation and draft contracts.

According to the Chairman of the Service, these duties should be spelled out verbatim in the job description. The specified argument of the representative of the Service is not based on the law.

The absence of the specified order or direct indication in the job description does not indicate that FULL NAME5 has no obligation to approve the procurement documentation, since such an obligation for the contract manager arises by virtue of paragraphs 3, 7, part 4 of Art. 38, h, as well as from under. "g" paragraph 13 of the Regulations on the contract service, approved by the chief physician FULL NAME1 DD.MM.YYYY

The powers of the contract service are detailed in the Model Provision.

There is no legal act detailing the powers of the contract manager.

From this list, as well as from the goals of creating a contract service, defined in the Model Provision, it follows that the contract service, the contract manager are designed to ensure the fulfillment of all the powers of the customer, as well as all necessary measures for the timely sending of information about concluded contracts, as well as the adoption of all measures, stipulated by the legislation on the contract system, including the obligation to approve procurement documentation.

Thus, the argument that the official duties of the CU do not include the obligation to approve procurement documentation is untenable.

Under the specified circumstances of non-fulfillment or improper fulfillment of this obligation, the contract manager is subject to administrative liability. The court also cannot agree with the arguments of the representative of the Service about the violation of Art. Federal Law "On electronic signature".

In accordance with the Regulations on the contract service of the State Budgetary Institution of the Republic of Dagestan “Buinaksk Central City Hospital, contract service workers guilty of violating the Federal Law of DD.MM.YYYY No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, other normative legal acts provided for by this Law, as well as the norms of this Regulation, bear disciplinary, civil-legal administrative, criminal liability in accordance with the legislation of the Russian Federation.

From the interpretation of paragraph 1 of Article 10 of Law N 63-FZ “On Electronic Signature”, it does not imply the transfer of the right to use an enhanced electronic signature to another person on the basis of any administrative document or power of attorney (Article ), but only indicates the technical possibility of affixing an electronic signature by another person with the consent and under the control of the owner of the certificate of the electronic signature verification key, which does not prevent FULL NAME5 under the control of FULL NAME1 to install a memory card with a key in the computer to perform their functions.

The Law N 63-FZ does not directly transfer the right to use the EDS, from its owner to another person, and therefore FULL NAME1 did not transfer the right to use the EDS to anyone, and cannot by virtue of the Law, and therefore such evidence, in confirmation of the conferment of the contract manager with the right to use the EDS , are not available. The fact that the contract documents are signed by FULL NAME1, taking into account the strict restrictions on the transfer of the right to use the EDS, does not refute that the signature is technically possible by carried out exactly FULL NAME5

It follows from the contested decision that when it was drawn up, a representative of the customer FULL NAME6 was present, who gave specific arguments on which he considered that in the actions FULL NAME1 there is no administrative offense. However, the assessment of these arguments was given in violation of Art. Art. , RF.

I decided:

The complaint of the chief physician GBU RD "Buinakskaya TsGB" FULL NAME1, satisfy.

Decree of the Deputy State Financial Control Service RD № from DD.MM.YYYY about attracting the chief physician of GBU RD «Buinakskaya TsGB» FULL NAME1 to administrative responsibility for hours. 4.2Article. RF - cancel.

Proceedings in the case of an administrative offense for hours. 4.2 Article. RFv otnosheniyaFULL NAME1 stop, on the basis of paragraph. 2 h.1Article. RF, i.e. due to the absence of an administrative offense in his actions.

A complaint may be filed against the decision to the Supreme Court of the Republic of Dagestan within 10 days from the date of delivery or receipt of a copy of the decision.

Judge FULL NAME7

The decision was printed in the deliberation room.

Court:

Respondents:

Judges of the case:

Litigation on:

Judicial practice on the application of the norms of Art. 185, 188, 189 of the Civil Code of the Russian Federation