Having placed the information on purchases in the specialized “Unified Information System”, the customer can find out that the data sent by him received the status “Not passed control according to part 5. Article.99 44-FZ. This usually means that the procurement information submitted by the customer contains a number of inconsistencies with the requirements of the regulatory framework of the legislation of the Russian Federation relating to the procurement of state and municipal funds. Below we analyze the essence of this problem and its solutions.
The content of the article:
- Что означает статус о не пройденном контроле по ч. 5 ст 99 44-ФЗ 1 What does the status of not passed control under part 5 of article 99 44-ФЗ mean?
- Параметры проверки контроля 2 Control check parameters
- Что делать при получении протокола о не прохождении контроля 3 What to do when you receive a protocol about not passing the control
- Заключение 4 Conclusion
What does the status of not passed control under Part 5 of Article 99 44-FZ mean?
As is known, the legislation of the Russian Federation contains a number of regulatory legal acts regulating the activities of federal and municipal authorities, economic entities of the Russian Federation in the field of procurement. The adoption of such legislation is due to various forms of financial abuse in the procurement of public funds (the implementation of procurement among "their" counterparties, the division of the subject of procurement into parts, purchases at inflated prices, kickbacks and other forms of offenses).
One of these special regulatory legal acts is the law N 44-ФЗ, which sets out the rules governing the contract system in the field of public procurement.
According to the articles of this law, state and municipal bodies exercise treasury control over purchases carried out on budget funds. This control is carried out in two main forms:
- When published in the EIS. Procurement data is collected by the customer and sent electronically to the Unified Information System (EIS), where they are monitored for 24 hours. If no errors are detected, the data appears in the system within one working day, and becomes available for viewing;
- With the help of AS "Budget". The specified automated system monitors procurement information submitted on paper. The term of its verification is 3 days.
In case of discrepancies in the information submitted by the customer, the latter receives a protocol with the status “Not passed control under Part 5 of Article 99 44-FZ”, a plan schedule and other related documents.
At the same time, the ENI itself was not ready to increase the load on it from January 1, 2017, due to the entry into force of the provision of Part 5 of Article 99 of the above-mentioned law. The system was unstable for months, thousands of contracts were frozen for an indefinite time, as a result of which many enterprises and institutions did not receive the goods and services they needed.
Control check options
When carrying out the procedure of the specified treasury control, the following are subject to inspection:
- Compliance of indicators with the total amount of available funds and funds allocated for procurement;
- Compliance with the payment indicators of the schedule plan and payments specified in the previously submitted plan;
- Compliance of data on the purchase made with data from the plan and schedule plan;
- Compliance with the details of the supplier and customer, the name of the item and the volume of products supplied, the timing of the order;
- Terms of contract execution and other relevant information.
If the parameters do not match, the responsible employee of the system generates a discrepancy protocol, which is sent to the original procurement customer.
What to do when you receive a protocol of not passing control
The controlling authorities in the notification must indicate all the non-compliances they have identified and form a mark about this within three working days. The status of notifications in the ENI will be changed to “Control failed”. Relevant documentation can be viewed on the tab "Purchasing Documents"
After receiving the specified protocol and related documents, the business entity must correct the identified inconsistencies, and then re-send the data for verification. Otherwise, the customer faces administrative liability and a fine of up to 50 thousand rubles.
The mentioned protocol is usually available in the personal account, registry entry or in the part of the EIS that is open for viewing.
Conclusion
The protocol with the status “Unchecked control under Part 5 of Article 99 44-FZ” usually means that the customer of the procurement sent incorrect data for their placement in the EIS. After receiving the specified protocol, it is recommended to re-verify the data to eliminate the errors, after which it is necessary to send the updated data to the EIS for passing the treasury control.
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