Register of natural monopolies according to 44 fz. How to check if an organization is a natural monopoly

If you need to purchase a product or service that is produced by only one company, that is, a monopolist, it is important to know some rules. Let us consider the features of such purchases, as well as analyze what a register of natural monopolies is and where to look for it.

What is a natural monopoly and its subject

This is a state of the market in which it is able to function normally only in the absence of competition. This is due to the technological features of production. At the same time, goods produced by a subject of natural monopoly cannot be replaced by others. The subject of a natural monopoly is an enterprise engaged in production under such conditions.

Simply put, the monopolist has some unique natural resource (for example, access to a cheap source of electricity), or has invested heavily in the development of production in the past, and now its advantage in the market is based on access to the necessary technology, which others have. there are no enterprises, they are not able to compare with a monopolist in this area.

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As an example of subjects of natural monopolies, one can cite the railway - Russian Railways, as well as Gazprom. Their activities are regulated by 147-FZ on natural monopolies.

Register of subjects of natural monopolies

Accounting for enterprises operating under conditions of natural monopoly is maintained by various authorities. Legislatively, this obligation is assigned to the Federal Antimonopoly Service. This is necessary to determine prices and tariffs. The following types of registries can be found on the FAS website:

• in the field of communications;
• in the field of water supply and sanitation;
• in the field of radioactive waste disposal;
• register of natural monopolies in the energy sector;
• on transport.

Some have multiple sections. The search is still in test mode. You can search by the type of registry, by the name of the enterprise, by the territorial principle, by TIN, etc. For example, the register of subjects of natural monopolies in transport contains 4 sections related to railway, air, sea transportation, as well as icebreaking assistance of ships.

By selecting a search by section, we get a list of organizations. From it you can get information about the name of the enterprise, the region in which it operates, the number and date of the order for inclusion in the register.

In addition, the list of subjects of natural monopolies is maintained by the Federal Tariff Service.

Features of purchases from subjects of natural monopolies

It is logical to assume that the purchases of natural monopolies are carried out using the "single supplier" method. However, by law, state or municipal authorities are entitled to purchase from a single player in the market only if it is on the register. There are cases when a company has all the features of a natural monopoly entity, but for some reason is not included in the list of natural monopolies.

In this case, the customer will not be able to purchase from her.

In addition, when planning a purchase from a natural monopoly entity, it is important to make sure that the product, work or service falls within the scope of activities of natural monopoly entities. These areas are covered by law. These include oil and gas transportation, airport services, public postal services, heat transmission services, etc.

For example, if you need to purchase stamps for envelopes. It seems to be related to mail, but there are no state signs in the list of public postal services. Therefore, the purchase from one contractor will be illegal here. But the purchase of long-distance communications from a single supplier complies with all the norms of the law.

Let us now consider the features of concluding a contract if the purchase is carried out from a subject of natural monopoly. According to 44-FZ, some of the requirements that apply to the contract may not be observed here. So, you can not include in the contract:

1. A condition on the responsibility of the customer and the contractor if the obligations are not fulfilled or it is done poorly;
2. Information about penalties for delays;
3. Conditions on the procedure and terms of payment and acceptance of goods or work;
4. The schedule for the execution of the contract, if it is concluded for three years or more, and the price is above one hundred million. In this case, the contract can be concluded in the form for transactions provided for by the Civil Code.

We also note that for purchases from a single monopoly supplier, it is not necessary to substantiate the expediency of choosing such a contractor, the price of the contract or its other conditions.

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Natural monopolies are customers and suppliers in the contract system.

1. What is a natural monopoly

From Article 3, number 147 of the Federal Law, it follows that the concept of “natural monopoly” is a situation on the market in which there are no competitors and thanks to this it is possible to more effectively meet the needs of buyers.

If we compare this demand with others, then it differs in a lesser degree of dependence on price.

In this case, the producer of goods acts as a subject of natural monopoly. Find information about which areas of activity belong to a natural monopoly can be found in 147 FZ. control over the work of natural monopolies is exercised by the state.

Would you like to learn more about procurement from natural monopoly entities?

Contact our experts and find out more!

2. Purchases from subjects of natural monopoly under 223-FZ

You can find information about the amounts issued on the EIS website.

3. Rules for procurement from subjects of natural monopoly according to 44-FZ

State customers have the opportunity to purchase goods and services from subjects of natural monopoly through purchases from a single supplier. Attention should be paid to determining whether a supplier is in fact a natural monopoly.

Whether a supplier is an EM can be determined by the industry in which such organizations operate or by using the registry.

But in the latter case, you can make a mistake, because the supplier may not be there.

Correctly it is necessary to determine the price of the contract on the basis of paragraph 1 of Article 544 of the Civil Code of Russia. the buyer must pay for goods or services according to meter readings.

According to part 2 of article 34 of the Law, it follows that the price of the contract must be settled and be determined for the duration of the transaction.

The amount of product usage can be calculated according to previous and future adjustments. Provided that the volume of resources planned for use does not correspond to the volume of consumed resources, the customer has the right to propose amendments to the contract, while making adjustments in the cost of no more than 10 percent.

4. An example of natural monopoly procurement

Consider, as an example, the Russian Railways company. Its activities are based on freight and passenger transportation by rail. Locomotives that are at the disposal of third-party companies are also required to use the tracks of Russian Railways.

The company has a huge number of subsidiaries, in which its activities are autonomous. But the services of this Russian Railways are not completely unique in their field of activity. You can always find other ways of transportation, for example, through water, road transport. But buyers often choose railway transportation and consider it the safest and more cargo can be transported in this way. The only founder of this monopoly is the state, and it is from its side that control over the management of Russian Railways is exercised. Prices are set based on demand. Thanks to all these parameters, we can say that the company is the only monopolist in its field. With regard to procurement activities, it is carried out in accordance with 223 FZ and on the basis of the Procurement Regulations.

The company also has its own ETP. On it, in addition to bidding, you can set up document flow in electronic form, storage and all the necessary regulatory and reference materials.

In order to carry out activities on the site of Russian Railways, you first need to purchase an EDS at a specialized Certification Center. After that, register on the ETP and submit an electronic application.

5. Video instruction for purchasing from a single supplier in the field of natural monopolies

For a guaranteed result in tender purchases, you can seek advice from the experts of the Entrepreneurship Support Center. If your organization belongs to small businesses, you can get a number of advantages: advance payments under government contracts, short settlement periods, conclusion of direct contracts and subcontracts without a tender. and work only on profitable contracts with minimal competition!

According to 44-FZ (Article 93), natural monopolies are organizations that can act as an executor of a state order. Art. 93 44-FZ allows you to purchase their products as a single supplier. We will tell you how to accurately determine who belongs to them.

List of natural monopolies according to 44 Federal Laws

We will talk about lists with the names of organizations that are legal monopolists:

• in transport terminals;
• sea ​​and river ports;
• airports.

To date, FAS Order No. 1189/17 of 09/08/2017 has been approved, the work of which is regulated by the department itself.

List and register: correlation of concepts

It is important that the FAS has the right to regulate the activities of only those organizations, information about which is contained in the List and in the Register. Moreover, many subjects of natural monopoly are in both groups. But due to the fact that the first affects specific objects of transport infrastructure, and the second applies to entire sectors of the economy. Some companies may only be members of one of them. Thus, these two documents complement each other.

Who is included in the list of subjects of natural monopolies of the Russian Federation

The first list consists of 114 organizations in transport terminals and seaports. The second is from 15 organizations in river ports. Finally, the third includes 94 entities at airports. All of them have different forms of ownership (LLC, FBU, JSC, etc.).

There are no other sellers on the market.

• Such firms do not need to spend money on advertising.
• The monopolist has the opportunity, at its discretion, to set prices on the market and subsequently adjust them.
• When other companies try to invade the monopolist's market, they face artificially created barriers: economic or legal.
If one company becomes a monopolist, then such a monopoly is called private. Sometimes several organizations merge into one to form a monopoly and oust competitors from the market. Specialists distinguish several main varieties of monopolies:

1. Closed. They are completely isolated from competitors. For this, legal barriers are applied, protection by patents or copyright institutions, and so on.
2. Natural.

Purchases from subjects of natural monopolies

In fact, it can no longer be called an auction, since there is one bid or bid for work. However, if only one participant showed activity (there were no other applicants or their applications did not pass the test), the customer has to work with him.
This situation allows you to make purchases under 223-FZ from a single supplier. A good reason is also recognized as the occurrence of an emergency at the customer's enterprise, which provoked a non-competitive purchase, as well as a lack of time to organize traditional tenders.
What does the preparation for the conclusion of the contract include? The purpose of the preparation stage is to select the executing organization. Under normal conditions, the customer examines the proposals of several suppliers and chooses the most profitable one.

If this is not possible, the task is assigned to the performer who is available at the moment.

Purchasing from a single supplier: procedure and recommendations

• purchase goods/services in accordance with the rules of Federal Law No. 44;
• approve the procurement regulation and work within the framework of Federal Law No. 223.

• the notice and its integral part - the draft contract;
• general documentation;

Mandatory disclosure (if any) is subject to:

• changes made to the notice;
• official explanations of the documentation;
• procurement progress reports;
• information on changes in the procurement parameters: the price of goods / services, their required quantity / volume, the timing of the transaction.

What does the column “purchase number from a single supplier” mean? When filling out an electronic contract form, the system asks for mandatory data entry in the “Procurement number” field.

How to check if an organization is a natural monopoly

Features of non-competitive procurement Comparing the purchase from a single supplier with traditional business activities, you can see that it goes much faster and contains fewer steps. This is due to the absence of a complex procedure in which the customer selects participants to sign the contract.

There is also no need to draw up the usual documentation. However, sometimes purchases under 223-FZ from a single supplier must be justified, and the Federal Antimonopoly Service (FAS) must be informed of the consent of the parties.

In addition, there is a list of situations that require the participation of an expert organization in the acceptance of goods. As a rule, non-competitive purchases are carried out extremely quickly, but the deal still goes through the stages of preparation.

The sequence of planning and implementation of such commodity relations is regulated by Law No. 44-FZ "On Procurement".

Purchases from subjects of natural monopolies under 44-FZ

Attention

Which organizations are natural monopoly entities? How to plan purchases from natural monopoly entities? Composition of a notice of procurement from a single supplier (contractor, performer) Features of drafting, terms of concluding a contract Expertise How to amend a contract? Prolongation of a contract Reports on procurement from natural monopoly entities The certificate considers in detail the issue of procurement from a single supplier (contractor, performer), which is a subject of natural monopolies. Detailed information on procurement planning, the composition of documents is presented, as well as the procedure for drawing up and changing contracts concluded with subjects of natural monopolies, in the process of their execution, and common errors are considered in detail.

How the contract is concluded There are two forms of contracts that are used in non-competitive procurement:

1. Standard (includes all conditions specified in the law).
2. Simplified (requirements for its compilation are lowered).

The second option can be used by procurement entities under the following conditions:

• They are subjects of natural monopoly and central depository.
• If the volume of purchases is very small.
• When utility services become the subject of bargaining.
• In situations of procurement for organizations of medicine, culture, sports or for the state apparatus.

The use of a simplified contract form allows subjects to choose almost any type of contract specified in the Civil Code of the Russian Federation. In this case, the agreement may be concluded orally if the amount of purchases from a single supplier does not exceed 100,000 rubles.

Features of purchases from monopolists 44 ap

Examples of such companies are: Gazprom, Russian Railways, Russian Post, Rosatom and others. Conclusion of contracts with natural monopolies The purchase of goods and services from subjects of natural monopolies is a special case of procurement from a single supplier.

They are subject to Article 93 44-FZ. At the same time, purchases from monopolies have several key features:

1. They do not need to produce a report that provides the rationale for choosing a supplier.
2. There is no need to provide for the payment of security for the performance of the contract.
3. It will not be necessary to involve expert organizations when accepting the delivered goods or services.
4. The contract will not need to include calculations and justifications for the chosen price.
5. There is no need to notify the regulatory authorities about the purchase.

Features of purchases from monopolists 44 fz

An urgent purchase can be made, but at the same time, the report will contain data on how many new computers will be purchased (as many as suffered from a malfunction), at what price and how much they will cost to deliver, install and configure. How the contract value is determined The purchase price must be correctly calculated and justified, this process is reflected in the relevant document.

Important

Often the price is determined in the same way as in the case of competitive procurement: by the method of comparable market prices, by the regulatory, tariff, design estimate or cost method. The law provides for an exception:

1. Purchase for the purpose of ensuring the state defense order.
2. The situation when economy housing becomes the object of bargaining.

In these cases, the cost is formed under the influence of other factors.

According to 223-FZ, the rationale for the purchase from a single supplier should be based on the impossibility of choosing another type of purchase. For this reason, it becomes the responsibility of the customer to prepare the following documents:

• A report that it is inappropriate to carry out the purchase in another way.
• Calculation of prices and formulation of justification.
• Appeal necessary for the purchase to be approved.
• Contract project.
• Notice of purchase from a single supplier

The use of all these documents is not mandatory in all cases.
The specifics of specific situations may require the preparation of only some of them.
Along with the norms, these acts formulate cases that are regarded as exceptions. Subjects of non-competitive procurement First of all, the state determines who can be a customer (that is, who makes purchases under 223-FZ from a single supplier):

1. Those organizations whose activities are related to regulated types (related to the field of electricity, water supply and others).
2. Enterprises that are more than 50% owned by the state.
3. Natural monopolies (enterprises producing and processing gas or oil).
4. Organizations that are financed from the budget, in the event that they plan to pay for the purchase with extra-budgetary funds (received grants, their own profit).

Contractor (supplier) is any legal or natural person, including an individual entrepreneur.