Violation of the state-owned public procurement will impose fines
The Federal Antimonopoly Service (FAS) of Russia proposes to introduce fines for natural monopolies for violating the law on procurement, said the Head of FAS Igor Artemyev, the following board meeting.
My thoughts on this shared First Vice-President of "Russian Union of Engineers' Ivan Andrievsky:
- To oblige natural monopolies to pay fines for violating the law on procurement is quite logical. If there is a law, it is necessary to create an incentive for its execution. Penalties in this regard can be quite an effective tool.
In general, a key objective of the procurement law is to ensure maximum transparency of orders, minimizing the risks of corruption, reducing the likelihood of constructing sliding schemes. The effect of penalties, which apply only to employees who violate the law, is clearly not sufficient.
Speaking of state-owned companies, the amount of the order of the hosted often exceed several million rubles. At the same time, the employee the maximum fine for violating the law on procurement is 50 thousand rubles. For the company with the most severe punishment is the removal of the results of trading, which, however, have yet to make. Obviously, the punishment does not correspond to the scope of any violations - 50 thousand rubles could easily be built into corrupt or sliding million scheme when placing the order. And if it is an order for 10 million or more?
Therefore, initiatives FAS in terms of administration penalties for state-owned companies are quite logical and expected.
The amount of fines for state-owned companies that violate the law, it is expected to rank according to the company's annual turnover. For large companies plan to introduce a minimum amount is a fine of 5 million rubles, small - 100 rubles. Perhaps this is the right decision. However, if a large state-owned company as a result of human factors mistake when placing 500000th order, a fine of 5 million rubles is unlikely to be a just punishment. Of course, this would enhance the discipline, yet the fine will be too large. At the same time, a small company with state participation may violate procurement law when placing your order and multi-million dollar "get off" with a fine of 100 thousand rubles. Such penalties are unlikely to be considered fair.
Apparently, the amount of the fine is not tied to the annual turnover of the company, and by the amount of the order, the violation of which will be fixed. For example, a fine of 20-30% of the order amount will be sufficient to minimize corruption and "sliding" of risk, at the same time, the fine will be very important for improving control over procurement process.
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