Municipal order is Concept, legal definition, legal framework and placement conditions

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The concept of "state order" is known to many. But what is a municipal order? This is what we have to find out in this article. Let's imagine the definition of this word, a variety of such an order. We will define the legislative framework for it, the rules and principles of placement.

Concept

A municipal order is a purchase by a local government structure using public funds for these purposes. First of all - budget money.

The system of such orders is one of the main regulators of economic processes at the local government level. In some cases, the municipal order is interpreted unreasonably narrowly - a kind of competitive purchase of varieties of material resources for the needs of the municipality. Even rarer - a way of providing municipal services.

A broader understanding of the municipal order: this is the ideology of the formation and further use of the expenditure share of local budgets, one of the elements of managing the financial resources of the entire mass of municipalformations.

The problem of modernity

Ideally, all products purchased for the needs of the local government system should go through municipal orders. As well as the whole mass of budgetary municipal services provided both by the municipal and other types of performers.

But at present, unfortunately, the placement of municipal orders in the Russian Federation is more the exception than the rule. There is no single service that would be responsible for organizing such orders. Therefore, each structural department of local self-government is independently looking for executors. Or he works only with suppliers he knows, known to him, closing for himself the opportunity to get acquainted with a more profitable and reliable new cooperation.

Municipal or State?

Are there any differences between municipal and state orders? Yes, but the difference is really small. The legislation still defines the municipal order as a separate phenomenon. This is necessary first of all in order to designate the customer - a municipal or state authority. But both of them work in the same direction - this is the satisfaction of state needs.

Specialized agencies are engaged in the management of such orders and the creation of Internet sites for them. They monitor whether the order is placed legally and whether the accompanying procedures comply with the requirements of the law.

Contract or order?

Shouldto distinguish between these close, but at the same time different concepts. Consider how the Russian Budget Code interprets them.

A municipal contract is a type of contract concluded by a local government structure, various budgetary institutions, authorized bodies or organizations on behalf of a certain municipality with individuals or legal entities. The purpose of such a contract is to provide municipal needs, which are provided for by the boundaries of local budgets.

A municipal order is a set of already signed municipal contracts - for the supply of products, the provision of services at the expense of funds from the local state treasury.

What is the item of the order?

Under Russian law, the subjects of municipal orders are:

• Beautification activities.
• Construction, overhaul, reconstruction of the roadway.
• Repair of objects related to social infrastructure.
• Supply of various fuels and lubricants for municipal needs.
• Recycling and further disposal of waste.
• Maintenance, maintenance, overhaul and current repairs of both residential and non-residential municipal fund and engineering network.
• Supplies of various types of goods for municipal needs.
• Supplies of consumer products - for children and the poor.
• Providing other services that can meet the social, cultural and everyday needs of citizens.

Main Tasks

Placement of municipal orders pursues several important tasks at once:

• Reducing the cost of certain types of goods and services.
• Targeted provision of social services to the population, which objectively needs such support.
• Priority development of specific types of services, the volume of which, for certain reasons, cannot be regulated by market mechanisms.
• Reducing the periods of municipal services, ensuring their high quality.

Implementation principles

Now consider the most important principles for the implementation of municipal orders:

• Application of regulatory procedures for planning and further procurement.
• Providing open access to participation in ongoing competitions for the implementation of municipal orders. This number also includes the procurement of products for municipal needs at various commodity exchanges.
• Tight control over the placement of municipal contracts.
• Ensuring budget savings.
• Compliance with the principles of free competition.

Legislative regulation

Consider what is said about the municipal order in the law. The following will act as regulatory acts here:

• FZ "On placing orders for works, goods and services for municipal and state needs" No. 94 (2005).
• St. 7.29 - 7.32 Administrative Code of the Russian Federation.
• St. 447-449 of the Civil Code of the Russian Federation.
• St. 70-73 RussianBudget Code.

It should be noted that at present, many municipalities have adopted regulations governing the process of placing orders by the local government structure.

Variations of the phenomenon

Placement of the municipal order (as well as the state) is carried out within the strict framework of the tender. The main goal of the tender for the execution of such orders is to find suppliers who are ready to offer the most reliable and profitable cooperation.

Municipal orders are usually placed on a special official website. Regardless of the amounts included in them.

The law on state, municipal order introduces several approved methods for its placement:

• Open or closed competition.
• Open or closed auction.
• Request for quotes.
• Conducting exchange trading.
• Electronic auctions.
• Purchasing from a single supplier.

Placement rules

Municipal order is the choice of the most suitable option among the above. It is greatly influenced by the volume, terms of the contract, which the state or municipal authorities intend to implement.

The formation of an order here can also be handled by the state customer himself, and a special organizer hired by him. To date, you can meet a lot of specialized organizations involved in the management of the municipal order.

This order is formed by creatingtender documentation. It describes all the requirements for the goods, services, works necessary for the state or municipality. The terms during which the performers can leave their applications for the execution of the order are indicated. After its complete formation, the order is placed in a special register on the website of the municipality.

Placement of a municipal order (for municipal services, for example) is necessarily open. Objective: to allow as many contractors or suppliers as possible to participate in the tender. There are several main goals for holding such an event:

• Creating the right conditions for he althy competition.
• Ensuring transaction transparency.
• Saving funds from the state or municipal budgets.

Scheme-algorithm

In most cases, customers adhere to this scheme. However, for certain municipalities, it may change:

1. Development of the draft local budget for the coming financial year. Collection of applications for the needs of budgetary structures in various goods, services, works - within the planned values of budget allocations.
2. Development of a master plan for the municipal order.
3. Identification of customers for individual items. In other words, it is determined who and in what niche of municipal activity will be endowed with this function of the customer - the authority to conclude municipal contracts with contractors and suppliers.
4. Placing prepared municipal order. Accounting for concluded contracts, control over their execution.

During the execution of the order, applications are being collected from municipal structures for the coming financial year. By its start, the master plan should already be fully prepared for approval.

Organization and execution

The municipal order for municipal needs is placed, as we have already noted, openly. To make a competition or auction closed, only good reasons are needed. For example, ensuring national security. Or short deadlines. It also requires permission from special government agencies involved in managing government orders.

After a new order appears on the website of the municipality, its customer must report this fact to the local media. Otherwise, the tender may be invalidated.

The very same management of such municipal orders is a rather complicated process from the legal side. Therefore, a greater number of customers prefer to entrust it to specialized contractors. Professionals conduct tenders from the initial stage (creation of suitable conditions for holding) to the conclusion of a contract with a specific contractor or supplier.

Municipal order in many ways resembles the state. Only the customer here is not the federal government, but the system of local self-government. So far, the practice of placing such orders is not widespread in Russia. But in some municipalities there are already relevant regulations governingplacing similar orders.