Job descriptions of an economist according to federal law 44. Additional responsibilities for an economist (Fedotova A.)

(introduced by Federal Law No. 42-FZ of March 8, 2015)

1. Public auctions are understood as auctions held for the purpose of executing a court decision or enforcement documents in the manner of enforcement proceedings, as well as in other cases established by law. The rules provided for by Articles 448 and 449 of this Code shall apply to public auctions, unless otherwise established by this Code and procedural legislation.

(see text in previous)

2. The organizer of public auctions is a person authorized in accordance with the law or other legal act to alienate property in the manner of enforcement proceedings, as well as a state body or local government in cases established by law.

(as amended by Federal Law No. 354-FZ of July 3, 2016)

(see text in previous)

3. The debtor, claimants and persons having rights to property sold at public auctions have the right to attend them.

From the history of auctions

A notice of a public auction is published in the manner prescribed by paragraph 2 of Article 448 of this Code, and is also posted on the website of the body conducting enforcement proceedings, or if the organizer of the public auction is a public authority or local government, on the website of the relevant body.

(as amended by Federal Law No. 354-FZ of July 3, 2016)

(see text in previous)

The notice must contain, along with the information specified in paragraph 2 of Article 448 of this Code, an indication of the owner (right holder) of the property.

5. The debtor, organizations entrusted with the assessment and sale of the debtor's property, and employees of these organizations, officials of state authorities, local governments, whose participation in the auction may affect the conditions and results of the auction, and as well as family members of the individuals concerned.

6. The protocol on the results of the public auction must indicate all participants in the auction, as well as the price proposals that they made.

7. If the winner of the auction fails to pay the purchase price within the established period, the contract with him shall be considered not concluded, and the auction shall be declared invalid. The auction organizer also has the right to demand compensation for the losses caused to him.

Decision of the Arbitration Court of the Central District dated 05.05.2016 N F10-4452 / 2015 in case N A36-6083 / 2014 Court conclusion: in itself, the absence of disagreements on the procedure and conditions for the sale of pledged property between the pledge creditor and the bankruptcy trustee cannot replace the duty of the court to determining the initial sale price of this property, indicating in the relevant judicial act. 4. Resolution of the Arbitration Court of the Moscow District dated November 13, 2015 N F05-3870 / 2014 in case N A40-147866 / 2012 The court also drew attention to paragraph 11 of the Resolution of the Plenum of the Supreme Arbitration Court dated July 23, 2009.

Public auction for the sale of real estate

No. 58. Pointed out that the lower court did not follow the proper procedure for approving the initial sale price of the collateral.

III. determination of the initial sale price of the pledged property

The same procedure will apply when the court appoints bankruptcy proceedings in the event of bankruptcy of the debtor. In such a situation, the initial sale price of the pledged property and the cost of its assessment carried out by the parties in the pledge agreement will be in a certain dependence on each other. The court, when setting the initial sale price, must take into account the assessment of the collateral set by the parties in the contract.

By setting the initial price of the property to be sold below the price specified in the contract, provided that the subject of the pledge is in the same condition as when the contract itself was concluded, the court would thus violate the rights of the pledger, and an excessive increase in the initial sale price could repel potential buyers .

Initial sale price of the pledged real estate (subject of mortgage)

Attention

The initial sale price of property at public auction is determined on the basis of an agreement between the pledgor and the pledgee, and in the event of a dispute, by the court itself. According to the expert's conclusion … the market value of house ownership No. located on …, taking into account the cost of the land plot, as of the time of the study, is … rubles; the market value of a land plot with a total area of ​​… sq.m with the indicated household is … rub. This expert opinion was reasonably taken into account by the court when determining the initial sale value of the residential house and land pledged under the mortgage agreement, the assessment of the conclusion was given by the court according to the rules of Art.

Fun Facts: Determining the Initial Selling Price in Foreclosure

According to Article 54 of the Federal Law “On Mortgage (Pledge of Real Estate)”, when deciding on foreclosure on property pledged under a mortgage agreement, the court must determine and indicate in it, among other things, the initial sale price of the pledged property upon its sale. A similar rule is contained in the Law of the Russian Federation "On Pledge", according to which the initial sale price of pledged movable property is determined by a court decision in cases of foreclosure on movable property in court or in accordance with a pledge agreement (agreement on foreclosure on pledged movable property in out of court) in other cases.

Your own lawyer

We recommend taking into account the terms of repeated auctions established by the legislation on pledge<* также установить срок для предоставления судебному приставу-исполнителю информации о том, воспользовались ли стороны указанным правом на обращение в суд. <* Повторные торги по продаже заложенного имущества проводятся не позднее чем через месяц после даты проведения первых торгов. При поступлении к судебному приставу-исполнителю в установленный срок информации о подаче в суд заявления об изменении начальной продажной цены заложенного имущества при его реализации он откладывает в соответствии со статьей 38 Закона исполнительные действия до вступления в силу решения об изменении начальной продажной цены заложенного имущества либо решения об отказе в изменении начальной продажной цены. 3.1.2.

Establishment of the initial sale price of the subject of collateral

Since special legislative acts do not contain specifics for determining the initial sale price of the pledged property, which is foreclosed on the basis of a writ of execution within the framework of enforcement proceedings, then, taking into account the provisions of part 1.2 of Article 78 of the Law, we recommend applying in this case the general procedure for assessing the seized property provided for in Article 85 Law. 3.3. The current legislation does not directly regulate the procedure for determining the initial sale price of the pledged property, which is foreclosed in the course of enforcement proceedings for the recovery of the amount of debt in connection with the debtor's failure to fulfill the obligation secured by the pledge.
In a number of cases, it is mandatory to conduct an assessment with the participation of specialists, for example, in mortgage lending to individuals and legal entities in cases of disputes over the value of the subject of mortgage. The party disputing the property valuation made by the bailiff bears the costs of appointing a specialist (paragraph 3 of Article 52 of the Law on Enforcement Proceedings). If the amount received from the sale of the pledged property is insufficient to cover the claim of the pledgee, he has the right to receive the missing amount from the other property of the debtor, without using the advantage based on the pledge (paragraph 5 of Article 350 of the Civil Code of the Russian Federation).
This rule is dispositive, it can be changed by law or contract.

The initial sale value of the pledged property jurisprudence

After the announcement of a public auction for the sale of the pledged property as failed due to the fact that less than two buyers appeared at the public auction or an extra charge was not made against the initial sale price of the pledged property, the pledgor or pledgee has the right to apply to the court before the repeated public auction, by decision of which foreclosed on the subject of pledge and set the initial sale price, with an application to change the initial sale price of the pledged property upon its sale. At the same time, the applicant must prove that the market price of the subject of pledge has significantly decreased after the entry into force of the court decision on levying execution on it<*. <* Постановление Пленума Высшего Арбитражного Суда Российской Федерации от 17.02.2011 N 10 «О некоторых вопросах применения законодательства о залоге.
Therefore, if, at the initiative of the interested party, evidence is presented indicating that the market value of the property that is the subject of pledge differs significantly from its assessment made by the parties in the pledge agreement, as well as in the court decision, the court, in accordance with Article 203 of the Code of Civil Procedure of the Russian Federation has the right to resolve the issue of changing the initial sale price of such property in accordance with the evidence presented, regardless of its assessment by the parties in the pledge agreement, which does not indicate a reassessment of the circumstances of the value of the property established by the court decision (based on the case law of the Leningrad Regional Court).

The previous version of this article did not contain this provision, but only referred to the legislation of the Russian Federation on mortgages and pledges (repealed), and therefore the lack of a clear settlement forced the Supreme Arbitration Court of the Russian Federation to adopt a decision of the Supreme Arbitration Court, which, in turn, is valid. At the same time, this provision can be found in Art. 18.1 FZoB. Therefore, it is impossible to speak about its complete exclusion from the law.

By virtue of par. 3, paragraph 11 of the said resolution, “since the sale of the subject of pledge in the course of bankruptcy proceedings is carried out under the control of the court considering the bankruptcy case, in order to obtain the maximum proceeds in the interests of all creditors of the debtor, the initial sale price of the subject of pledge must be indicated by the court in the ruling on the procedure and conditions for the sale of the pledged property. To understand exactly how to interpret the above, let's turn to the practice of the courts: 1.

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From the history of auctions

Auctions are the public sale of goods, securities, property, works of art and other objects. It takes place according to pre-established rules, buyers compete with each other. Trading has affected almost all spheres of human life, and their history goes back into the depths of time. So no one knows how, when and under what circumstances the first auction took place.

"AUCTION" in Latin means "increase", "multiplication".

The first mention of this form of transactions dates back to 500 BC. e. and are associated with an exotic product for modern society - young girls.

In ancient Babylon, auctions of wives were held, where anyone could buy a spouse. Bidding was held to lower the price: the one who first agreed with the named amount became the husband. Now such a system for determining the value is called Dutch.

In the Roman Empire at the turn of our era, auctions were popular for selling family property and goods looted during wars. For example, the Roman emperor Marcus Aurelius sold furniture to pay off his debts. When selling war trophies, the auctioneer stuck a spear into the ground when the auction ended.

Now such a signal is the blow of a wooden hammer. With the fall of the Roman Empire, auctions disappeared from the field of view of historians. New data about them date back to the 16th century and refer to Holland. Basically, unnecessary things (furniture, household items, etc.) became the subjects of bargaining, so their price always decreased during the auction.

Articles on the subject Civil law

And the auction itself was more like a modern sale. The development of international trade, the great geographical discoveries, the improvement of the world credit and banking systems led to the spread of trading throughout Europe. They began to be held in England, France and Germany, and in the first half of the 18th century, the famous auction houses began to work: Sotheby's and Christie's.

PETROVSKY TRAIL

Public auctions came to Russia from Europe with other Peter's innovations.

During the Great Embassy, ​​the sovereign participated in many auctions, where he bought books, tools, various curiosities and the so-called antiques (ancient things). Most of the exposition of the first museum in Russia - the Kunstkamera - was collected just from the items acquired by him at the European auction.

The beginning of the auction activity in Russia is the decree of Peter the Great "On the sale of confiscated belongings from the Magistrate", which stipulated the conditions for the sale of such property through public auction. A few years later, auctions began to be used at the state level for the sale of land, estates, movable property, as well as agricultural products.

By the end of the 19th century, bidding on overdue bank bonds became widespread. They were held not only in St. Petersburg and Moscow, but also in remote Siberian territories and the Far East.

One of the first official mentions of the term "auction" in Russia dates back to 1756. The decree of Her Imperial Majesty the Autocrat of All Russia (Elizaveta Petrovna) concerned the "sale of immovable estates by auction" in the Rostov and Rylsk districts. The archives of the National Library of Russia contain similar decrees of Catherine the Great, Paul the First and other Russian emperors. In addition to organizing public sales, the monarchs actively participated in foreign auctions through emissaries, acquiring valuables and art objects. For example, the infamous ship Frau Maria, which sank in the Baltic Sea in 1771, carried works by Dutch masters bought in Europe for the collections of the Hermitage and Tsarskoye Selo to Catherine the Great. The ship is still at the bottom of the sea.

SOCIALIST REALISM

The First World War and the subsequent revolution for several decades included auctions in the list of remnants of tsarism. In socialist Russia, where competition was not welcomed, and citizens were deprived not only of money, but also of essential goods, the very concept of "bidding" was contrary to state ideology. However, over time, the leadership of the country of the Soviets came to the conclusion that some sectors of the economy require public auctions.

So, in order to streamline and centralize operations for the export of furs, in 1931 the Soyuzpushnina Foreign Economic Association was created, which monopolized the sale of Russian furs on the world market. Furs began to exhibit at open auctions.

The first auction was organized in Leningrad in March 1931, where about 80 representatives from 12 countries arrived. As a result, 95% of the furs were sold at an average of 6-8% more expensive than at the London auction, which took place in February of the same year. Over time, approximately 80% of all furs (from squirrel to sable) were sold in this way.

Later, in the USSR, racehorses, books, and art objects began to be put up for auction. Often, the final prices for rare and expensive lots were negotiated with a potential buyer informally before the auction.

In the mid-70s, a large American entrepreneur Armand Hammer purchased a rare Arabian horse at an auction at a stud farm in Pyatigorsk for $1 million in less than a minute, since this amount had previously been agreed upon in a private meeting with the Minister of Agriculture of the USSR.

With the beginning of perestroika, all kinds of goods began to be put up for auction - from art to refrigerators and spare parts for agricultural machinery.

In the late 1980s and early 1990s, antique sales began to revive.

In 1988, the first antique auction house "Gelos" in modern Russia was created.

HAMMER FOR THE STATE

Bidding became most popular by the mid-1990s, when the state launched large-scale privatization.

In the Russian economy, auctions for the sale of enterprises, shares, and bankrupt property for subsequent settlements with creditors are most widely used.

The rules for organizing and conducting auctions have been legally enshrined in the Civil Code of the Russian Federation since 1994.

In many cities, local property funds are being created that sell state real estate, plots, enterprises, etc.

The last decade has become the most eventful and successful for the development of the institution of public auctions. Private auction houses of narrow specialization began to appear, as well as such large multifunctional sites as the Auction House of the Russian Federation.

GOT ONLINE

The active development of auction activity in the world brought it to the electronic level.

The spread in the US and Europe of both public and private electronic trading platforms has led to the emergence of similar ones in Russia. They work in different sectors (real estate, agriculture, etc.), sell antiques, art and many other goods. A separate niche is occupied by private auction sites, such as eBay and Molotok.ru, where anyone can sell their item. For example, enterprising residents of the Chelyabinsk region put up for online auctions parts of a meteorite that fell in February 2013.

Every year the volume of property sold in the Network increases significantly. From 2011 to 2013 alone, more than 300,000 auctions were published on various electronic trading platforms in the country (excluding private auction sites). Since the beginning of 2011, their number has increased 12 times. The future of public sales is associated with the development of electronic trading.

However, nothing can replace the sound of a wooden hammer and a laconic "Sold!" from the mouth of the auctioneer.

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ON THE CONCEPT OF "PUBLIC BIDDING" AND THE NEED FOR ITS USE IN THE LEGISLATION

Legal Sciences

Nepomnyashchikh Alexey Alekseevich

Keywords: CONTRACT; BARGAINING; PUBLIC BIDDING; CONTRACT; AUCTION; PUBLIC AUCTION.

Annotation: The article analyzes the concept of public auctions, their specifics. Approaches to the need to use this definition in the civil legislation of the Russian Federation are identified.

Federal Law No. 42-FZ of March 8, 2015 “On Amendments to Part One of the Civil Code of the Russian Federation”, among others, introduced a novelty into the Civil Code regarding auctions - Article 4491 “Public Auctions” was introduced. This concept was already used in normative legal acts before the introduction of this article into the Code. In particular, it was used (and still exists) in the Federal Laws “On Enforcement Proceedings”, “On Mortgage (Pledge of Real Estate)”, the Decree of the Government of the Russian Federation “On Approval of the Rules for Conducting Public Auctions for the Sale of Construction in Progress”. The Civil Code of the Russian Federation also operated with this concept, but did not disclose its content. The introduction of Article 4491 into the Civil Code of the Russian Federation was the implementation of the provisions of the Concept for the Development of Civil Legislation concerning changes to the provisions of the Civil Code on the conclusion of an agreement at auction (clause 8.1, clause 8.6 of Section V of the Concept). However, the concept of public auction remains controversial in the civil doctrine to date: discussions are ongoing regarding the correctness of this definition, as well as whether it is worth highlighting such a concept in civil law tools regarding auctions.

The existence of the concept of "public auction" in the civil legislation of the Russian Federation is to some extent a reflection of the legal tradition: this term was used in pre-revolutionary legislation, then it was also reflected in the Civil Codes of the Soviet period. Now the legislator has defined public auctions as auctions held for the purpose of executing a court decision or enforcement documents in the order of enforcement proceedings, as well as in other cases established by law. The special position of public auctions is emphasized by the legislator. Thus, it has been established that public auctions are primarily regulated by special norms of the Civil Code of the Russian Federation relating to them, as well as procedural legislation (including legislation on enforcement proceedings, through the provisions of which the definition of public auctions is actually formulated), and already in a subsidiary manner they are subject to the rules that define the general rules for conducting auctions (Articles 448, 449 of the Civil Code of the Russian Federation). L. A. Novoselova emphasizes that public auctions determine a special mechanism in the field of civil law relations; the word “public” does not define the possibility of attracting the public to such auctions, but their special nature, which brings public auctions closer to the area of ​​public law.

A. V. Ermakova came to the conclusion that the allocation of the term "public auction" is untenable; the author believes that this term should be replaced by "open auction", giving the appropriate argumentation. At the same time, emphasizing, as we have already said, the specifics of public auctions by the presence of public interests, A.V. Ermakova believes that it is necessary to expand the ways of applying this institution in relation to all auctions that are related to the interests of public law entities, public authorities .

Bidding and auctions for bankruptcy: the harsh truth of buying real estate for 1% of the cost

F. Kazantsev, speaking about the classification of auctions, notes, among other things, that auctions can be divided into open and closed depending on the degree of freedom to participate in them, which is also provided for in Art. 448 of the Civil Code of the Russian Federation. Keeping in mind the conclusion of L. A. Novoselova regarding the term “public”, also taking into account the classification of M. F. Kazantsev, it seems to us that the conclusions of A. V. Ermakova should be criticized. Public auctions are not open auctions, it is, as it becomes more and more obvious, a type of auction organized by the organizer, as a rule, as open auctions, that is, those in which any person can participate (with the exceptions provided by law). In addition, the author's argument that there is no legal definition of public auction in the legislation is now untenable.

The term "public auction" is also criticized by other civil scientists. In particular, O.A. Belyaeva writes: “... it seems appropriate in principle to abandon the use of this term, since public auctions are open, i.e. such tenders in which an indefinite circle of persons may take part. In another work, O. A. Belyaeva, analyzing the conceptual apparatus of the Federal Law “On Mortgage (Pledge of Real Estate)”, comes to the conclusion that the concepts of “public auction” and “open auction” do not have fundamental differences. At the same time, Olga Alexandrovna Belyaeva noted the validity of the opinion of L. F. Gataulina that public auction is a type of auction, and an auction is a form of auction, and one of these concepts does not exclude the other.

It is difficult to disagree with the opinion of L.F. Gataulina, considering also that the auction, tender, etc. are legally defined as forms of bidding (clause 4, article 447 of the Civil Code of the Russian Federation). Given the above, the conclusion is that the replacement of the concept of "public auction" with other proposed terms (other legislatively fixed concepts of types of auction) seems impossible. Some authors believe that in order to avoid such terminological confusion, the concept of "public auction" should be replaced by another one. For example, O.A. Belyaeva, supporting the position of N. N. Tupikin, believes that the definition proposed by him “auctions that are held on the basis of free will” is very successful, and it should be used to distinguish between auctions held in the private interest and in the interests of the public. However, as we noted, the term “public auction” is in a sense traditional for Russian legislation, so it is hardly possible to abandon it and replace it in all regulatory legal acts with a different term; it will also lead to more confusion in the process of enforcement of bidding laws.

Let's highlight some of the features inherent in public auctions:
1. Particularly detailed legal regime, which we mentioned above. Moreover, this applies not only to the Civil Code of the Russian Federation and Federal Laws noted by us, but also to many subordinate regulatory legal acts (Decrees of the Government of the Russian Federation, the Federal Bailiff Service of the Russian Federation, etc.). Taking into account the fact that a local government body can act as an organizer of the auction, it can be said that the procedure for holding specific public auctions can be regulated by municipal legal acts.
2. Public auctions have features of the subject composition. As we noted, the term "public" means the presence of public interests in the conduct of bidding; public auctions are compulsory, implemented by state and municipal authorities. The sale of property, as a general rule, should be carried out by the Federal Property Management Agency represented by its territorial bodies or other specialized organizations (as it seems, it is possible to conclude a commission agreement or other similar agreements).
3. Despite the fact that public auctions, as a rule, are held in the form of an open auction, the legislator limits the list of persons who can participate in public auctions (clause 5, article 4491 of the Civil Code of the Russian Federation);
4. The features of the notification of ongoing public auctions have been established (clause 4 of article 4491 of the Civil Code of the Russian Federation).
5. Based on the results of the public auction, a larger list of persons may dispute their result - these are the holders of both real and liability rights to the subject of the auction, in addition to the persons directly participating in the auction. Conducting public auctions and contesting them also has public law consequences, and not only civil law ones.

The specificity of public auctions lies in the fact that during their conduct there are public interests, in connection with which it becomes necessary to have a separate legislative regulation of the features of conducting this type of auction, including how to protect the rights of the organizer, persons participating in the auction and the debtor. There are features of the subject composition in public auctions. Preferential holding of public auctions in any form does not give grounds to combine or identify the concept of "public auction" with other terms of the institution of auctions (definitions of types and forms of auctions). Also, sometimes in law enforcement practice the term "public auction" and others ("auction", "open auction") are identified, which is unacceptable. The introduction of the concept of public auctions into the Civil Code, the definition of the features of their conduct, seems to be the right course of legislative thought, which will lead to a more correct regulation of relations in the field of auctions, will contribute to the uniformity of law enforcement practice.

Bibliography

1. Civil Code of the Russian Federation. Part one from 30 Nov. 1994 No. 51-FZ: adopted by the State. Duma Feder. Sobr. Ros. Federation 21 Oct. 1994: input. Federal Law of 30 Nov. 1994 No. 52-FZ: edited by Feder. law of 28 Dec. 2016 No. 497-FZ // Ros. gas .. - 1994. - December 8; 2017 - Jan 9
2. The concept of development of the civil legislation of the Russian Federation // Bulletin of the Supreme Arbitration Court of the Russian Federation. - 2009. - No. 11.
3. Belyaeva O.A. Legal problems of auctions and competitions. - M.: Jurisprudence, 2011. - 296 p.
4. Belyaeva OA Bidding: theoretical foundations and problems of legal regulation: dissertation abstract for the degree of Doctor of Law. 12.00.03. / Olga Aleksandrovna Belyaeva. - M., 2012. - 54 p.
5. Ermakova A.V. Features of the legal regulation of auctions organized in the sphere of public interests: author. diss ... for the degree of Candidate. legal Sciences: 12.00.03. / Anna Valentinovna Ermakova. - M., 2010. - 36 p.
6. Novoselova L. A. Public auctions within the framework of enforcement proceedings. - M.: Statute, 2006. - 253 p.
7. Civil Code of the Russian Federation. General provisions on the contract. Article-by-article commentary to chapters 27 - 29 / V.V. Vitryansky, B.M. Gongalo, A.V. Demkin and others; ed. P.V. Krasheninnikov. - M: Statute, 2016. - 223 p.
8. Resolution of the Arbitration Court of the Volga District dated September 22, 2016 No. F06-12154/2016 in case No. A12-735/2016. The document has not been published. Access from the right. "ConsultantPlus" system. – (date of access: 05/27/2017).

Article 139. Sale of the debtor's property

(as amended by Federal Law No. 296-FZ of December 30, 2008)

(see text in previous)

public auction

Within ten working days from the date of inclusion in the Unified Federal Register of information on bankruptcy of information on the results of an inventory of the debtor's property, the bankruptcy creditor or authorized body, if the amount of the bankruptcy creditor's claim or the amount of the authorized body's claim exceeds two percent of the total amount of claims of bankruptcy creditors and authorized bodies included to the register of creditors' claims, has the right to send to the bankruptcy trustee a request to involve an appraiser, indicating the composition of the debtor's property in respect of which an appraisal is required.

Within two months from the date of receipt of such a request, the bankruptcy trustee is obliged to ensure that the said property is evaluated at the expense of the debtor's property.

The report on the assessment of the debtor's property is subject to inclusion by the bankruptcy trustee in the Unified Federal Register of Bankruptcy Information within two business days from the date of receipt of a copy of this report in electronic form.

A re-assessment of the debtor's property, in respect of which a requirement to conduct an assessment in accordance with this paragraph, has already been declared, is carried out if bankruptcy creditors or authorized bodies assume the costs of its implementation.

(Clause 1 as amended by Federal Law No. 144-FZ of July 28, 2012)

(see text in previous)

1.1. Within one month from the date of completion of the inventory of the debtor's enterprise or the assessment of the debtor's property (hereinafter referred to in this article as the debtor's property), if such an assessment was carried out at the request of a bankruptcy creditor or an authorized body in accordance with this Federal Law, the bankruptcy commissioner shall submit to the meeting of creditors or to the creditors' committee for approval of their proposals on the procedure for the sale of the debtor's property, including the following information:

to be included in the notice of the sale of the debtor's property in accordance with paragraph 10 of Article 110 of this Federal Law;

about the mass media and sites on the Internet, where it is proposed to publish and place a message about the sale of the debtor's property, respectively, about the timing of the publication and placement of the said message;

about a specialized organization that is proposed to be involved as an organizer of the auction.

The procedure for selling the debtor's property may provide that, if the debtor's property was not sold at the first auction, the debtor's property is subject to sale in parts, starting from the new first auction, while the calculation of the time limits established for the sale of the debtor's property begins anew.

The meeting of creditors or the committee of creditors has the right to approve a different procedure for the sale of the debtor's property than the one proposed by the bankruptcy trustee.

The procedure, terms and conditions for the sale of the debtor's property should be aimed at selling the debtor's property at the highest price and should ensure the attraction of the largest number of potential buyers to the auction.

If, within two months from the date of submission by the bankruptcy commissioner to the meeting of creditors or to the committee of creditors of the proposal to sell the property of the debtor, the meeting of creditors or the committee of creditors does not also approve the proposal, which includes information on the composition of the property of the debtor, on the timing of its sale, on the form bidding, on the conditions of the tender (in the event that the sale of the debtor's property in accordance with the legislation of the Russian Federation is carried out by holding a tender), on the form for submitting proposals for the price of the debtor's property, on the initial price of its sale, on the media and sites on the Internet where it is proposed to publish and place, respectively, a notice on the sale of the debtor's property, on the timing of the publication and placement of the said notice, the bankruptcy trustee, bankruptcy creditor and (or) authorized body, if the amount of accounts payable to him included in the register of creditors' claims is more than twenty 10% of the total amount of accounts payable included in the register of creditors' claims have the right to apply to the arbitration court with a petition for approval of the procedure, terms and conditions for the sale of the debtor's property.

The ruling of the arbitration court on the approval of the procedure, terms and conditions for the sale of the debtor's property may be appealed.

(Clause 1.1 as amended by Federal Law No. 222-FZ of June 23, 2016)

(see text in previous)

2. If circumstances arise in the course of bankruptcy proceedings that require a change in the procedure, terms and (or) conditions for the sale of the debtor's property, the bankruptcy commissioner is obliged to submit to the meeting of creditors or to the committee of creditors for approval the appropriate proposals regarding such changes.

3. After the inventory and appraisal of the debtor's property, the bankruptcy trustee proceeds to sell it. The sale of the debtor's property is carried out in accordance with the procedure established by paragraphs 3-19 of Article 110 and paragraph 3 of Article 111 of this Federal Law, taking into account the specifics established by this Article. The assessment of the debtor's property is carried out in accordance with the procedure established by Article 130 of this Federal Law. The proceeds from the sale of the debtor's property are included in the debtor's property.

(as amended by Federal Law No. 195-FZ of July 19, 2009)

(see text in previous)

4. In the event that the repeated auction for the sale of the debtor's property is recognized as failed or the sale and purchase agreement was not concluded with their sole participant, as well as in the event that the sale and purchase agreement is not concluded based on the results of the repeated auction, the debtor's property sold at the auction is subject to sale through a public offer .

When the debtor's property is sold through a public offer, in the notice of the auction, along with the information provided for in Article 110 of this Federal Law, the amount of reduction in the initial sale price of the debtor's property and the period after which the specified initial price is consistently reduced are indicated. In this case, the initial sale price of the debtor's property is set in the amount of the initial price indicated in the notice on the sale of the debtor's property at a repeated auction.

Consideration by the organizer of the auction of the submitted application for participation in the auction and the adoption of a decision on the admission of the applicant to participate in the auction are carried out in the manner established by Article 110 of this Federal Law.

In the absence of an application for participation in the auction within the established period, containing a proposal for the price of the debtor's property, which is not lower than the established initial sale price of the debtor's property, the reduction in the initial sale price of the debtor's property is carried out within the time limits specified in the notice on the sale of the debtor's property through a public offer.

The right to acquire the debtor's property belongs to the bidder for the sale of the debtor's property by means of a public offer, who submitted an application for participation in the auction within the established period, containing a proposal for the price of the debtor's property, which is not lower than the initial sale price of the debtor's property, established for a certain period of the auction, with the absence of proposals from other bidders for the sale of the debtor's property through a public offer.

(as amended by Federal Law No. 432-FZ of December 22, 2014)

(see text in previous)

In the event that several bidders for the sale of the debtor's property through a public offer submitted bids within the prescribed period containing various proposals for the price of the debtor's property, but not lower than the initial sale price of the debtor's property established for a certain period of the bidding, the right to acquire the debtor's property belongs to the participant bidding, offering the maximum price for this property.

In the event that several bidders for the sale of the debtor's property through a public offer submitted bids within the established period containing equal bids on the price of the debtor's property, but not lower than the initial sale price of the debtor's property established for a certain period of the auction, the right to acquire the debtor's property belongs to the participant auction, which was the first to submit, within the established time limit, an application for participation in the auction for the sale of the debtor's property through a public offer.

(the paragraph was introduced by Federal Law No. 432-FZ of December 22, 2014)

From the date of determining the winner of the auction for the sale of the debtor's property through a public offer, the acceptance of applications is terminated.

5. The property of the debtor, the book value of which as of the last reporting date before the date of commencement of bankruptcy proceedings is less than one hundred thousand rubles, is sold in the manner established by the decision of the meeting of creditors or the committee of creditors.

6. The provisions of this article shall not apply to cases of sale of the debtor's property, which is a product manufactured by the debtor in the course of its economic activity.

It would hardly be a big exaggeration to refer auctions to the most complex civil law institutions. The conciseness of their legislative regulation was a deceptive simplicity - the practical application of this construction invariably causes difficulties even for the most sophisticated law enforcers. If we take into account the norms of special laws governing certain types of trading, the number of questions that arise inexorably increases.

Public auction (English sale by public cant) - the sale of property by calling those wishing to take part in the auction.

Public bidding is one of the ways of contracting that is closely related to the basic laws of the free market, expressing them in the most consistent way. The essence of public auctions is to ensure the largest possible number of those who responded to the notice and to choose the best among the proposals made.

Public auctions were known in ancient Rome. They covered even then a very wide range of relations, and sometimes with elements of a public nature: an example could be bidding for the lease of urban land. To successfully achieve its goal, the bidding must necessarily have two features: publicity (appeal to the public) and competitiveness, which made it possible to announce the winner See: Commentary on the Civil Code of the Russian Federation (item-by-article) / ed. A.P. Sergeyev. - M.: Prospect, - 2005 - 463 p..

The competition, which appeared much later, was born out of circumstances completely unrelated to the auction. These were obligations in the sphere of everyday relations: the promised reward was to be paid to the owner who found someone else's thing and returned it. Many years later, the competition, together with the auction, were recognized as two forms of bidding, which meant that the generic features of bidding - publicity and competitiveness - should have been equally inherent in both the competition and the auction.

The absence in the post-war period of freedom of the market significantly limited the conduct of both forms of trading. The scope of the competition turned out to be narrow and specific. As a rule, in such cases it was about competitions in the field of science, literature, art. It all boiled down to the fact that the best writers, poets, artists, acts were determined through a competition. Reflecting this, the norms that appeared for the first time in the Civil Code of the RSFSR of 1964, highlighted in a special chapter "Competition", were limited to indicating that "a public promise by a state, cooperative or public organization of a special remuneration (bonus) for the best performance of a certain work (announcement of a competition) obliges this organization to pay the promised remuneration to a person whose work is recognized as worthy of remuneration in accordance with the terms of the competition "(Article 439 of the Civil Code of 1964).

The current Civil Code of the Russian Federation in its second part contains Chapter 57 ("Public competition"), which is the third type of competition not covered by the concept of "bidding". The public competition is very close to that provided for by Chapter 28 of the Civil Code of 1964 ("Competition").

It is necessary to note the discrepancy between the norms on the content of the terms of the announcement of a public tender (clause 4 of article 1057 of the Civil Code of the Russian Federation) and the information of the notice of tenders in the form of a tender (clause 2 of article 448 of the Civil Code of the Russian Federation).

Some of the information to be indicated in the announcement of a public tender and in a notice of tenders in the form of a tender are identical concepts, but are expressed in different terminology: "essence of the task" - "subject of the auction", "procedure for the submission of works" - "registration of participation in auction", "criteria and procedure for evaluation" - "determination of the person who won the auction". There is no conflict between them.

Other information - about the time and place of the competition - is provided for the notice of bidding in the form of a competition, but is not provided for the announcement of a public competition. In a public tender, this information may not be indicated, since this is not necessary, which is available during the auction. In the auction, the inclusion of the above information is conditioned by the conclusion on the day of the auction of the relevant agreement (the protocol on the results of the auction) (Part 1, Clause 5, Article 448 of the Civil Code of the Russian Federation) See: Novoselova L.A. Conclusion of the contract at the auction. Problems of legal qualification. // Arbitration practice. - 2005 - No. 6 - p.14. Information about the time and place of the auction informs the bidders about where and when the corresponding contract will be concluded (this is their significance and necessity). In a public competition containing an obligation to conclude an agreement with the winner of the competition, the agreement can be concluded not only on the day of the competition, but also at a later date (clause 5 of article 1057, part 2 of clause 5 of article 448 of the Civil Code of the Russian Federation). In this case, the indication in the announcement of a public competition of information about the time and place of the competition is devoid of the meaning that it has in the auction.

Significant differences between the rules on auctions in the form of a competition and on a public competition exist in terms of the conditions and legal consequences of canceling a competition. In the auction, only cancellation of the tender is possible, which must be made no later than 30 days before it is held (part 1, clause 3, article 448 of the Civil Code of the Russian Federation). In case of a closed tender in any case, and in case of an open tender in case of violation of the deadline set for refusal from the tender, the organizer of the tender is obliged to compensate the participants for real damage (parts 2, 3, clause 3, article 448 of the Civil Code of the Russian Federation).

Meanwhile, in a public competition, both a change and a cancellation of the competition are allowed, which must be made during the first half of the period established for the submission of works (clause 1, article 1058 of the Civil Code of the Russian Federation). A change or cancellation of a public tender is carried out in the same way as it was announced (clause 2 of article 1058 of the Civil Code of the Russian Federation). When changing or canceling a public competition, the person who announced the public competition - the organizer of the competition, is obliged to reimburse the expenses incurred by any person who performed the work provided for in the announcement, and in case of violation of the method or deadline for changing or canceling - to pay a reward to the persons who performed the work. 1 clause 3, clause 4 of article 1058 of the Civil Code of the Russian Federation).

This conflict is resolved on the basis of the priority of the rules on bidding in the form of a competition established by the Civil Code over the rules on a public competition. This is manifested in the fact that a public competition containing an obligation to conclude an agreement can be changed or canceled no later than 30 days before it is held; changing the conditions or canceling the competition can be done in any way; the only consequence of changing or canceling an open tender with violation of the deadline (in case of a closed tender, regardless of the violation of the deadline) for the organizer of the competition is only compensation for real damage to the participants of the competition.

In legal practice, there is an opinion that making a deposit in the auction provides only the interests of the organizer of the competition and does not affect the legal consequences of the competition. The deposit ensures the fulfillment of the obligation to sign the protocol on the results of the auction (part 1, clause 5, article 448 of the Civil Code of the Russian Federation) by both the participants and the organizer of the competition See: Novoselova L.A. Public auctions and enforcement proceedings. // Law. - 2005 - No. 1 - p. 95..

Sometimes, in the regulations governing the holding of a tender, the deposit is replaced by another way of securing the obligation, for example, a penalty that the winner of the tender must pay in case of refusal to sign the protocol on the results of the tender.

If the announcement of a public tender contained an obligation to conclude an agreement with the winner of the tender, then the latter is subject to mandatory conclusion by the parties. In the event that one of them evades the conclusion of the contract in accordance with the priority of the norms of tenders in the form of a tender over the norms of a public tender, the other party has the right to apply to the court with a demand to compel the conclusion of the contract.

Closed Joint Stock Company "Monab" applied to the Arbitration Court of Moscow with a statement of claim against the Government of Moscow, the Committee of the City of Moscow for the organization and holding of tenders and auctions and the limited liability company "ST Development" to invalidate the decision of the competition commission to select a developer-investor for implementation of the investment project for the construction of a new multifunctional complex of buildings on the site of the Rossiya Hotel buildings, drawn up by the minutes of the meetings dated 11/19/2004 and 11/29/2004, as well as the order of the Moscow Government dated 12/08/2004 N 2453-RP "On the results of the tender for the selection of a developer- an investor for the implementation of an investment project for the construction of a new multifunctional complex of buildings on the site of the Rossiya Hotel buildings.

By the decision of the Arbitration Court of the city of Moscow dated April 29, 2005, the claims were denied.

By the decision of the Ninth Arbitration Court of Appeal dated July 8, 2005, the decision of the court of first instance was upheld.

The Federal Arbitration Court of the Moscow District, by its decision of 10/17/2005, left the decision and the decision unchanged.

In an application filed with the Supreme Arbitration Court of the Russian Federation for a supervisory review of the said judicial acts, Monab Closed Joint-Stock Company asks them to be canceled, referring to the violation by the courts of the norms of substantive and procedural law, and to accept, without submitting the case for a new trial, a new a judicial act on invalidating the decision of the competition commission, drawn up by the minutes of the meetings dated 11/19/2004 and 11/29/2004, and the order of the Moscow government dated 12/08/2004 N 2453-RP.

In response to the statement, the Moscow government and the Moscow City Committee for the organization and holding of competitions and auctions are asked to leave the disputed judicial acts unchanged as they comply with the current legislation.

Having checked the validity of the arguments set forth in the application, the responses to it and the speeches of the representatives of the parties present at the meeting, the Presidium considers that the application is subject to satisfaction on the following grounds.

The lawsuit was filed to invalidate the decision of the tender commission and the order of the Moscow government, since they do not comply with the conditions of the tender documentation.

The court dismissed the claim, mistakenly believing that the holding of the competition and the determination of the winner were in accordance with the legislation of the Russian Federation.

Meanwhile, in accordance with Article 447 of the Civil Code of the Russian Federation, the organizer of the auction may be the owner of a thing or the owner of a property right, or a specialized organization. A specialized organization acts on the basis of an agreement with the owner of a thing or the owner of a property right and acts on their behalf or on its own behalf.

As established by the courts, the competition was held in relation to an object that has several owners. Without the consent of all the owners of such an object, holding auctions affecting their property interests is illegal.

The terms of the competition unreasonably impose the obligation to settle property relations with all interested parties on the winner of the competition, while the latter is not in any legal relationship with these persons.

The conditions of the investment project and the tender documents provide for the emergence of ownership of the newly created object by the city of Moscow and the investor in the proportion of 49: 51. This does not take into account the rights of other owners and title owners of the reconstructed object, which at the stage of implementation of the investment project may entail a violation of their rights and legitimate interests.

In addition, at the time of the auction, the issues of providing a land plot for the construction of a new multifunctional complex of buildings were not settled in the manner prescribed by law.

Based on the competition, the building of the hotel "Russia" is subject to demolition. Consequently, the land plot on which the hotel was located is transferred to the category of undeveloped plots.

The conditions for the transfer of undeveloped (free) land plots for construction are regulated by Article 30 of the Land Code of the Russian Federation. According to this article, plots are provided for ownership (clause 2) or for rent (subclause 3 of clause 4) based on the results of tenders (tenders, auctions). Moreover, as a general rule, tenders are held for the sale of a land plot or the sale of the right to conclude a lease agreement for a land plot.

In violation of these norms of land legislation, tenders for the sale of a land plot for the construction of a new multifunctional complex of buildings into ownership or for the sale of the right to conclude a lease agreement for a land plot are not provided for by the tender documentation.

The committed violations of the law create conditions for the developer-investor to acquire a land plot built up on the terms of a tender for ownership or lease in accordance with the rules of paragraph 1 of Article 36 of the Land Code of the Russian Federation, bypassing the procedure established by law for providing land plots for construction.

Since the violation of mandatory norms of the law is an independent basis for declaring the competition invalid, the courts had to take into account the fact of violation of these norms, regardless of whether the plaintiff declared it or not.

In addition, the conditions of the competition do not contain certain criteria on the basis of which it would be possible to select the best proposals of its participants.

Under such circumstances, the arbitrary selection of the winner of the tender is not ruled out, in connection with which the position of the courts of three instances, according to which the arbitration court cannot consider the question of whether the winner of the tender has been correctly determined, does not comply with the law and violates the uniformity of judicial practice.

Thus, the disputed judicial acts violate the uniformity in the interpretation and application of the rules of law by arbitration courts and, on the basis of paragraph 1 of Article 304 of the Arbitration Procedure Code of the Russian Federation, are subject to cancellation.

Considering the foregoing and guided by Articles 303, Clause 3 of Part 1 of Article 305, Article 306 of the Arbitration Procedure Code of the Russian Federation, the Presidium of the Supreme Arbitration Court of the Russian Federation ruled:

the decision of the Arbitration Court of the City of Moscow dated April 29, 2005 in case N A40-8725 / 05-79-70, the decision of the Ninth Arbitration Court of Appeal dated July 8, 2005 and the decision of the Federal Arbitration Court of the Moscow District dated October 17, 2005 in the same case are canceled.

The decision of the tender commission for the selection of a developer-investor for the implementation of an investment project for the construction of a new multifunctional complex of buildings on the site of the buildings of the Rossiya Hotel, drawn up by the minutes of the meetings dated 11/19/2004 and 11/29/2004, as well as the order of the Moscow Government dated 12/08/2004 N 2453- RP "On the results of the tender for the selection of a developer-investor for the implementation of an investment project for the construction of a new multifunctional complex of buildings on the site of the buildings of the Rossiya Hotel" to be declared invalid See: Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of October 24, 2006 N 16916/05

Is it possible to entrust an economist with the duties of a contract manager in a budgetary educational institution of culture (in accordance with the requirements of the Federal Law of 04/05/2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs")?

D. Larin, Nizhny Novgorod

A budgetary educational institution of culture has the right to assign the duties of a contract manager to an economist, provided that the economist has completed the necessary training in the field of procurement and documented the fact of combining positions. Let's explain how to do it.

The requirement for the contract service of the customer is established by Art. 38 of the Federal Law of 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs."

In particular, customers whose total annual volume of purchases exceeds 100 million rubles create contract services (in this case, the creation of a special structural unit is not mandatory). If the total annual volume of purchases of the customer does not exceed 100 million rubles. and the customer does not have a contract service, the customer appoints an official responsible for the implementation of the procurement or several procurements, including the execution of each contract (hereinafter referred to as the contract manager).

At the same time, the Ministry of Economic Development of Russia, in a letter dated September 23, 2013 N D28i-1070, indicates that the contract system in the field of procurement provides for the implementation of the customer's activities with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement. In accordance with Part 6 of Art. 38 of Law N 44-FZ, contract service employees, a contract manager must have a higher education or additional professional education in the field of procurement. According to part 5 of Art. 39 of this Law, the customer includes in the procurement commission mainly persons who have undergone professional retraining or advanced training in the field of procurement, as well as persons with special knowledge related to the procurement object. According to the Ministry of Economic Development of Russia, the effect of Art. 9 and part 23 of Art. 112 of this Law applies to all state and municipal employees whose job regulations contain responsibilities in the field of procurement, in terms of their training or advanced training in programs of additional professional education in the field of procurement.

It must be borne in mind that, according to the requirements of Part 2 of Art. 38 of Law N 44-FZ, only an official of the customer can be a contract manager. At the same time, the requirements for the education of a contract manager are similar to the requirements for the education of contract service employees.

In the event that the duties of the position of a contract manager are assigned to an employee for whom the main job is to perform duties in another position, there is a combination of positions.

Based on Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for additional payment (Article 151 of the Labor Code of the Russian Federation) .

The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.

In practice, two ways of registering the fact of combining positions are used.

1. A separate written agreement is drawn up, which is not an integral part of the employment contract. The arguments in favor of this position are as follows. The terms of the employment contract determined by the parties do not change, since the employee is entrusted with additional work, the performance of which is not provided for by the employment contract, which follows from the systematic interpretation of the norms of Art. Art. 60, 60.2 of the Labor Code of the Russian Federation. Thus, there is no actual change in the employment contract at the main place of work, since the performance and payment of additional work does not affect the performance and payment of the main job.

2. An additional agreement is drawn up to the employment contract. The grounds for this opinion are as follows. An indication of the labor function (labor duties performed by position, profession) of an employee is attributed to the mandatory conditions of an employment contract (paragraph 3, part 2, article 57 of the Labor Code of the Russian Federation). Changing the terms of the employment contract determined by the parties is possible only by agreement of the parties, drawn up in writing (Article 72, Part 1, Article 74 of the Labor Code of the Russian Federation). Since when an employee is assigned additional work, the conditions determined by the parties change (expanding the range of the employee’s job duties or increasing the volume of his work), it is necessary to conclude an additional agreement to the employment contract.

The employer has the right to adhere to any of the considered methods. The employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.

Finding the right job for you these days is not easy. After all, she should not only help support herself and her family, but also allow her to realize herself as a professional in her field. And the majority of applicants who wish to find a job officially expect to receive a full social package and the benefits associated with it. Among the available vacancies, the position of a procurement specialist is often found. What do such employees do? What companies need them? What are the duties of this specialist? Is it necessary to get a full-fledged higher education for this, or is it enough to take courses? Purchasing Specialist is a popular vacancy these days. Therefore, further in the article, the answers to the above questions will be considered.

Document entity

What is the job description of a specialist in a special internal document of a particular organization, which clearly and clearly sets out the basic requirements for an applicant for this position, describes the range of all his professional duties, as well as official rights, the framework that determines the degree of his responsibility for carelessly performed work. Its presence is mandatory in any enterprise where there is a position of "purchasing specialist". The duties of the employee must be properly defined in order for his function to be carried out in the company as expected. What is the latter?

Specialist Functions

Despite the fact that the position in question appeared relatively recently, the professional standard "Specialist in the field of procurement" is fully formed and contains strict requirements. After all, such employees were required before. For example, similar professional functions were performed by workers enlisted in the staff of enterprises and production organizations. Then this position had a different name: logistics engineer.

So, what does the job of "purchasing specialist" mean? In short, without revealing to the reader the numerous nuances of professional duties that reflect the characteristics of work and production of a particular company, the main task of such an employee is to permanently provide the organization with any necessary materials or goods.

The general function, which is reflected by the professional standard "Specialist in the field of procurement", (namely: providing the enterprise with the inventory items necessary for its adequate functioning), among other things, includes a fairly large number of indirect responsibilities, such as analyzing the actual ratio of quality products offered by suppliers and their market value.

Purpose and structure

It is the job description, as noted above, that is one of the two main documents (the second is the employment contract concluded with the employee), which determine what the procurement specialist must do in the course of his work. The formation of this document is a top priority for management, because, according to current legislation, an employee cannot perform any duties other than those that were clearly described in the contract that he concluded during the employment process. And this document, as a rule, makes a link in the indicated place, urging you to refer to the job description. That is why many experts pay so much attention to it.

What should the job description of the specialist in question look like? It is important that it be drawn up in accordance with the standards and forms that are accepted in the region. So, the document in question should be drawn up in such a way that it must contain the following sections:

• The first section is completely devoted to data on the coordination and approval of the text of this document itself. To do this, everyone who took part in these processes must record this fact by putting their personal signatures with their transcripts, as well as indicate the appropriate dates. The coordination, as a rule, involves personnel, as well as directly the unit to which a certain employee will belong.
• In the next section, you must list all the current requirements for a candidate for the position in question. They should describe in detail the required education, knowledge and practical skills, required work experience, as well as age and other features that may apply to this particular position. In addition, you should provide a complete list of all documentation (including both internal acts of the company and legislative acts of national importance), which the new employee will need to carefully read. And also the section in question describes the place of the position in the general staffing table, the procedure and conditions for accepting a candidate for a position for work, the mechanism for dismissal or replacement of an employee during his non-long-term absence. It is important to indicate the immediate supervisor of the new employee.
• In the main section of the instruction in question, it is necessary to list everything that is expected from the employee in the course of his professional activity (all his job duties, as well as rights). The more precisely the duties of a specialist are described in the instructions, the more likely it is that the work will be performed in the correct way, which will benefit the enterprise. Rights are inextricably linked with duties. These, as a rule, include: the right to decent working conditions; the right to receive the data necessary for the performance of their duties; the right to propose activities designed to improve the workflow.
• In the last section, it is usually about what kind of responsibility the employee will incur if he performs his professional duties improperly.

Document Features

What determines the scope of responsibilities that a procurement specialist has? 44-FZ, or the Federal Law, which reflects the current requirements of the law. According to him, the document in question has much in common with the job description of a procurement specialist. However, there are a number of differences that distinguish the position of "purchasing specialist". The duties of these two workers are not identical. Knowing these differences is especially necessary for employees and management of large enterprises, which, as a rule, provide for the presence of these two positions.

That is why, even before the final formation of the job description, it is important to thoroughly understand the basic requirements for candidates. So, you need to know what the qualifications of a procurement specialist should be, as well as how to delimit the responsibilities of these employees.

Practice shows that the responsibilities of the employee who is engaged in procurement are significantly greater than those of the one who is engaged in supply. In the job hierarchy, the first position is listed significantly higher than the second. Similarly, the level of wages also differs. That is why it would be logical that the requirements for a candidate for the position of "purchasing specialist", whose duties are significantly more significant, be much higher and tougher. This should be taken into account when drafting the job description. A procurement specialist (or rather, a candidate for this position) can draw up a resume successfully only if he/she familiarizes himself with the standard requirements for the applicant in advance.

Similarly, the professional responsibilities of employees should also be clearly demarcated. This will help to establish well-coordinated interaction both between the specialists themselves and between entire departments that are subordinate to them.

Purchasing Specialist Requirements

The specifics of a particular profession determines a number of special requirements specific to a particular specialty that apply to candidates for the position. And in the area under consideration, there are also certain criteria. The procurement specialist is selected based on the available skills and knowledge. So, the candidate must:

• have an analytical mind;
• be able to make decisions even under conditions of constant stress and take full personal responsibility for their results;
• be able to process large amounts of information and competently maintain current documentation;
• possess the skills of conducting business negotiations in order to reach the desired result for the company;
• clearly understand how customs work is organized and how transport companies function;
• be a confident user of a personal computer, as well as be able to use all the programs necessary to perform professional functions.

Among other things, any employer has the right to form other requirements that are necessary in order for the work to be performed efficiently. Purchasing specialist is an important component of a company's success. For example, if a company is engaged in foreign economic activity, then such an employee may be required to know foreign languages. That's why it's important to write your resume well. Purchasing Specialist - a position that allows many to vividly realize their abilities. This is worth the risk.

Rights

The duties of a public procurement specialist will be discussed further, but now it is important to figure out what rights he has.

• Be proactive in making a variety of suggestions that could improve or facilitate the flow of a workflow that is related solely to the performance of this employee's functions.
• Require absolute assistance from your immediate supervisor in matters related to the implementation of the rights or duties of an employee.
• Require the management of the company to provide the department with all the necessary organizational and technical conditions, as well as the timely preparation and execution of working documents and reports that the employee needs to fulfill his professional duties.
• Establish the relationship between the divisions of the company and certain divisions of some third-party organizations, which are necessary in order to quickly resolve emerging procurement issues, which invariably fall within the competence of the general procurement manager.

A responsibility

What is the Lead Purchasing Specialist's responsibilities?

• Monitoring and ensuring the implementation of the procurement plan for each month.
• Administrative liability for the disclosure of classified information, which is defined as a corporate secret by the company's internal documents, and which is officially the property of a particular company.
• Personal implementation of all existing internal regulations, as well as compliance with discipline standards.
• Implementation of procurement transactions, as well as the conclusion of relevant contracts with various organizations or individuals, if necessary.
• Compliance with fire safety requirements and safety regulations, in order not to cause any harm to company employees or its tangible property.
• Careful implementation of all received instructions, instructions, assignments, orders, orders of the immediate supervisor, as well as the general director of the company.
• Responsibility for causing or facilitating the causing of both material damage and direct damage to the business reputation of the company.
• Responsibility for neglecting one's own official duties, which is determined by the current instruction, as well as the current legislative acts of the Russian Federation.

Working conditions

What does the job description of a procurement specialist tell about according to which this employee should work? The mode of employment of a person occupying the position in question in the company is determined by the internal labor regulations drawn up specifically for a particular enterprise, as well as by an agreement that is concluded with new employees in the process of employment. Among other things, these conditions provide for the need to periodically go on business trips to perform official tasks.

The procedure for familiarization with the job description

The conclusion of an employment contract, which, in fact, marks the moment of employment, is the ideal time for the future employee to carefully study what is included in the procurement, that is, familiarize himself with the job description. How to fix the fact that the employee was provided with all the necessary information? There are several ways. Among them are the following:

• personal signature (and its transcript), as well as the date, which indicate that the procurement specialist has already carefully studied his duties and is ready to confirm this; placed in a special magazine, which is specially designed for these purposes;
• a separate note that the employee is fully informed, which is certified by the personal signature of the individual employee directly under the text of the job description itself, designed to familiarize each new candidate;
• a similar mark, also certified by a signature and date, which is placed under the text of an individual job description, personally prepared for an individual employee, which is subsequently attached to his personal file filed at the enterprise.

Conclusion

A procurement specialist is a special employee of an enterprise who carries out and controls the process of supplying the company with the goods necessary for its production activities, all kinds of materials, various raw materials. This employee is also involved in the preparation and verification of all reporting documentation that is related to his direct duties. Among other things, the specialist in question must have developed analytical thinking and good communication skills in order to be able to correctly assess the profitability of the proposed transaction and competently negotiate with suppliers.

It is equally important in practice to know exactly how to check products for compliance with the stated quality criteria. Such a specialist must be able to handle a personal computer and have a high level of command of computer programs that he will need in the course of performing his main job duties; make important decisions in a short time even under pressure and in conditions of constant stress, because the success of the entire enterprise directly depends on their effectiveness; process large amounts of information in a timely manner and draw appropriate conclusions; perfectly navigate the current conditions of the functioning of customs, as well as the peculiarities of the work of individual transport companies with which this organization cooperates. These employees must understand the basic intricacies of choosing the necessary materials, understand exactly how they should be transported, and also stored so that they do not lose their useful properties and presentation. It is also desirable, and sometimes a prerequisite, to have some experience in the field of procurement. Usually active and energetic people are hired for this position. It is these candidates who have a chance that this vacancy will be occupied by them.

If you are thinking about working as a procurement specialist, it is important to first study the typical job description (a model document that precisely defines the scope of rights, duties and responsibilities of a particular employee). This will help you get acquainted with the upcoming working conditions and find out in advance all its subtleties. So you can understand whether it is worth continuing your attempts to get a job or it is better to look for something else. If everything suits you, then you need to try to make sure that you meet all the requirements of the company. To do this, you need to find out as much as possible about the organization itself, as well as about its business activity, production and sales volumes, and at the same time about the main technical features.

You should take the issue of your own employment very seriously. It is important to study in advance as much information as possible about the company in which you want to get a job, as well as directly about the desired position. To do this, you need to carefully study the job description for the chosen specialty. The standard form of this document for most professions is freely available, so anyone can always read it if necessary. The more prepared you are, the higher your chances of getting what you want. And let the work give you only pleasant emotions!

From July 1, 2018 to January 1, 2019, customers have a transition period - it is allowed to carry out both electronic and paper procedures. From 2019, competitions, auctions, quotes and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make on the ETP, how to choose a site and get an electronic signature, what are the rules for concluding contracts during the transition period and after.

According to Art. 6 of the Federal Law of April 5, 2013 No. 44-FZ "On the procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44-FZ), the contract system in the field of procurement is based on the principles of openness, transparency of information about contract system in the field of procurement, ensuring competition, professionalism of customers, stimulating innovation, the unity of the contract system in the field of procurement, responsibility for the effectiveness of meeting state and municipal needs, and the efficiency of procurement.

Article 9 of Law No. 44-FZ reveals the concept of professionalism, which refers to the implementation of the activities of a customer, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement.

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By order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n, effective from October 23, 2015, the professional standard "Specialist in the field of procurement" (hereinafter referred to as the standard "Specialist in the field of procurement") was approved.

The "Specialist in the field of procurement" standard establishes uniform requirements for the qualification level of a specialist in the field of procurement (including requirements for education, practical work experience), and also determines the content of the labor functions of a specialist in the field of procurement.

Order No. 625-n indicates POSSIBLE job titles. Accordingly, we can conclude that it is possible to indicate both the names of the positions listed in it, and others, at the discretion of the Customer. That is, the Customer has the right to “name” the position of a specialist in the field of procurement as an “economist with the performance of the duties of a contract manager”.

So, as the labor functions of a specialist in the field of procurement, the standard defines:

• procurement support function for state, municipal, corporate needs, which includes:
  • preliminary collection of data on needs and prices for goods, works, services;
  • preparation of procurement documentation;
  • processing the results of the procurement and conclusion of the contract;
• procurement function for state, municipal, corporate needs, which includes:
  • drawing up plans and substantiating purchases;
  • implementation of procurement procedures;
• a function to carry out an examination of the results of procurement, acceptance of a contract, including:
  • verification of compliance with the terms of the contract;
  • checking the quality of the goods, works, services provided;
• procurement control function, which includes:
  • procurement monitoring;
  • audit and control in the field of procurement.

The "Procurement Specialist" standard also highlights the types of generalized labor functions, each of which has requirements for education and practical work experience.

The introduction of the "Specialist in the field of procurement" standard will entail a reassessment of the professional level of existing employees engaged in procurement activities, will determine the need for its improvement, and will also help motivate such employees, improve the efficiency and quality of their work.

It is assumed that educational organizations that train procurement specialists will develop new training programs that meet the professional standard "Specialist in the field of procurement" (taking into account the methodological recommendations for the implementation of additional professional advanced training programs in the field of procurement, developed by the Ministry of Economic Development of Russia jointly with Ministry of Education and Science of Russia).

Based on the results of the introduction of the "Specialist in the field of procurement" standard, it is planned to make adjustments to the unified tariff qualification reference books, which will provide for a new profession - "specialist in the field of procurement."

In accordance with the Federal Law of May 2, 2015 No. 122-FZ "On Amendments to the Labor Code of the Russian Federation and Articles 11 and 73 of the Federal Law "On Education in the Russian Federation", the procedure for applying the "Procurement Specialist" standard enters into effective from July 1, 2016.

Thus, at the moment, the provisions of the Procurement Specialist standard can be used by employers when developing job descriptions, forming a contract service (appointing a contract manager), as well as educational organizations when developing professional educational programs in the field of procurement.

The provisions of Law No. 44-FZ do not establish requirements for the need to introduce the position of a contract manager, on the contrary, they allow the possibility of appointing an official responsible for the implementation of the procurement or several procurements.

That is, the functions and powers of a contract manager can be additionally assigned to a specialist of an organization engaged in procurement and having a higher education or additional professional education in the field of procurement, by reflecting them in the job description of such a specialist. And, accordingly, such an employee can be “called” a contract manager, but not according to the staff list. This may be, for example, the chief accountant, who is entrusted with additional procurement responsibilities, which is reflected in the job description.

Requirements for education in the field of procurement, in addition to standards, are established in Part 6 of Art. 38 of Law No. 44-FZ. According to this provision of the law, employees of the contract service, the contract manager, from January 1, 2017, must have a higher education or additional professional education in the field of procurement.