Sale of labeled products. Decision and order on the complaint of Retail Service LLC Who sets the price of postal envelopes

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - they are allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations 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 receive electronic signature, according to what rules to conclude contracts during the transition period and after.

In accordance with Part 8 of Art. 22 of Law No. 44-FZ, the tariff method is applied by the customer if, in accordance with the law Russian Federation prices of purchased goods, works, services to meet state and municipal needs are subject to state regulation or established by municipal legal acts. In this case, the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer), are determined according to regulated prices (tariffs) for goods, works, services.

In turn, it should be noted that prices for marked envelopes and postage stamps are not subject to government regulation.

Direct planning, publication and distribution of postal payment marks, export and import of philatelic goods is carried out by the Publishing and Trade Center “Marka” of the Federal Postal Administration under the Ministry of Communications of the Russian Federation (clause 1.5 of the Regulations).

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Consequently, the Publishing and Trade Center “Marka” of the Federal Postal Administration under the Ministry of Communications of the Russian Federation has exclusive authority to publish and distribute stamped postal envelopes.

According to clause 5.7 of the Regulations, individuals and legal entities It is not prohibited to purchase marked envelopes for further sale to other individuals and legal entities.

Therefore, in fact, any person can engage in the sale of stamped envelopes and postage stamps.

In accordance with clause 1.1. Regulations approved by Order of the Ministry of Communications of the Russian Federation dated May 26, 1994 No. 115 (hereinafter referred to as the Regulations) postage signs Russian Federation (stamps and blocks, stamped envelopes and cards) intended to pay for postal services provided by communication institutions, according to current tariffs and confirmation of this in domestic and international correspondence.

According to clause 3.2. The provisions of the denominations of postal payment marks correspond to the tariffs for postal services in force on the territory of the Russian Federation.

In clause 5.3. The provisions establish that sale of postage signs Russian Federation is produced institutions of the Federal Postal Service strictly at nominal value and not earlier than the deadline established for their entry into postal circulation

Consequently, since postal payment marks include, among other things, marked envelopes and postage stamps, we believe that the sale of such envelopes is carried out by Federal Postal Service institutions strictly at face value.

Thus, we believe that in this case, when justifying the NMCC, the customer must point to Order of the Ministry of Communications of the Russian Federation dated May 26, 1994 No. 115 and indicate that the justification of the NMCC by the methods provided for in Art. 22 of Law No. 44-FZ is impossible, and therefore, on the basis of Part 12 of Art. 22 of Law No. 44-FZ, the justification of the NMCC for the supply of postage stamps and stamped envelopes is carried out using a different method.

When making a purchase for the supply of marked envelopes and postage stamps, we believe that the customer does not have the right to use the tariff method when justifying the NMCC. In this case, we believe that on the basis of Part 12 of Art. 22 of Law No. 44-FZ, the customer needs to justify the NMCC using a different method, i.e. a method that is not provided for by the provisions of Art. 22 of Law No. 44-FZ (Part 12 of Article 22 of Law No. 44-FZ).

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Having faced this issue, having studied the legislation and various opinions of colleagues, I came to the following conclusions.

On the forums, everyone refers to the possibility of purchasing within the framework of clause 1, part 1 of Law 44-FZ, the procurement of goods, work or services that fall within the scope of activities of natural monopolies in accordance with Federal Law of August 17, 1995 N 147-FZ "On natural monopolies".

However, I disagree, because... postage stamps do not apply to the Federal Law “On Natural Monopolies”.

Next, I considered the option of procurement within the framework of clause 6, part 1 of Law 44-FZ, procurement of work or services, the performance or provision of which can only be carried out by an executive authority in accordance with its powers or by a government agency subordinate to it, a state unitary enterprise, the corresponding powers of which are established by federal laws, regulatory legal acts of the President of the Russian Federation or regulatory legal acts of the Government of the Russian Federation, legislative acts of the corresponding subject of the Russian Federation.

At the same time, the above paragraph specifies only work or services, but delivery is required, which is a completely different type of contract.

Based on the analysis of the situation below, I came to the conclusion that the exclusive right to actually sell state postal stamps at face value isFSUE Russian Post.

By virtue of Article 2 of the Federal Law of July 17, 1999 N 176-FZ
"On Postal Services" state postal payment marks - postage stamps and other marks applied to postal items and confirming payment for postal services.

According to Article 11 of the Federal Law "On Postal Communications", federal executive authorities in the field of communications are granted exclusive rights to publish and organize the distribution of state postal payment marks, assign postal codes postal facilities on the territory of the Russian Federation, as well as for the production and use of registered items for federal postal organizations, the formation of the State collection of postal payment marks, the issuance of permits for the use of franking machines and the determination of the procedure for their use.

The Ministry of Telecom and Mass Communications of the Russian Federation (Ministry of Communications of Russia) is a federal executive body that is engaged in the development and implementation of state policy and legal regulation in the following areas:

• sphere information technologies(including the use of information technology in the formation of government information resources and ensuring access to them);
• telecommunications (including use and conversion of radio frequency spectrum) and postal service;
• the field of mass communications and media, including electronic ones (including the development of the Internet, television (including digital) broadcasting and radio broadcasting systems and new technologies in these areas);
• the field of printing, publishing and printing activities;
• the field of personal data processing.

The Ministry coordinates and controls the activities of the Federal Service for Supervision in the Sphere of Communications and Mass Communications, the Federal Communications Agency, and the Federal Agency for Press and Mass Communications.

A subordinate organization of the Ministry of Telecom and Mass Communications of Russia is the Federal Communications Agency (Rossvyaz), which is a federal executive body that carries out the functions of managing state property and providing government services in the field of telecommunications and postal service.

Rossvyaz exercises the following main powers in the established field of activity: organizes, in particular, the publication and distribution of state postal payment marks.

A subordinate organization of Rossvyaz is the Publishing and Trade Center "Marka" - this is the only enterprise in Russia that publishes and distributes state postage stamps.

FSUE "Russian Post" is the department of federal postal services, the company is a national postal operator providing postal services, transport, logistics and financial services to individuals and legal entities throughout the country.

FSUE Russian Post is a subordinate organization of the Ministry of Telecom and Mass Media of the Russian Federation.

Within the framework of clause 5.1. Order of the Ministry of Communications of the Russian Federation dated May 26, 1994 N 115
“On approval of the Regulations on postal payment marks and special postal stamps of the Russian Federation”, the federal postal service departments form applications for receiving postal payment marks of the Russian Federation from the Mark Publishing Center, taking into account the most complete satisfaction of the needs of federal postal institutions and the population.

By virtue of clause 5.3. Order of the Ministry of Communications of the Russian Federation dated May 26, 1994 N 115 sales of postage stamps of the Russian Federation are carried out by institutions of the Federal Postal Service strictly at nominal value and not earlier than the deadline established for their entry into postal circulation (clause 1.8).

In accordance with clause 5.3.1. Order of the Ministry of Communications of the Russian Federation dated May 26, 1994 N 115 standard postage stamps, marked envelopes and cards, including those with original stamps, are sold at federal postal institutions and are used in postal circulation until full use their stocks or withdrawal from postal circulation.

Based on clause 1.1. Order of the Ministry of Communications of the Russian Federation dated May 26, 1994 N 115, postal payment marks of the Russian Federation (postage stamps and blocks, marked envelopes and cards) are intended for payment for postal services provided by communication institutions, according to current tariffs and confirmation of this on domestic and international correspondence.

According to clause 5.7. Order of the Ministry of Communications of the Russian Federation dated May 26, 1994 N 115 The Publishing and Trade Center "Marka", in addition to providing applications for postage stamps of the federal postal service departments, sells ZPO from the moment they go into postal circulation (as philatelic material) to other legal and individuals. At the same time, if the Marka Publishing Center provides a trade discount to legal entities and individuals not related to the federal postal service, the amount of the discount must ensure the level of retail prices for postage stamps exceeding their nominal value.

There was a clarification under the previous Law 94-FZ; I think that this clarification cannot be ignored.

Letter of the Federal Antimonopoly Service dated July 12, 2013 N TsA/27149/13
"On clarification of legislation"

The Federal Antimonopoly Service (hereinafter - FAS Russia) considered an appeal for clarification of the provisions of the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" (hereinafter - the Law on Placement of Orders ) and reports the following.

1. According to paragraph 1 of part 2 of Article 55 of the Law on Placement of Orders, placing an order with a single supplier (performer, contractor) is carried out by the customer if the supply of goods, performance of work, provision of services fall within the scope of activity of natural monopolies.

Decree of the Government of the Russian Federation dated October 24, 2005 N 637 approved the List of public telecommunications and public postal services, government regulation tariffs for which in the domestic market of the Russian Federation it carries out federal Service according to tariffs, according to which, postage stamps (postage stamps, stamped envelopes, postcards) do not relate to public postal services, therefore, are not types of activities classified as activities of natural monopolies.

This circumstance obliges the customer to place orders for the supply of stamped envelopes, postcards and postage stamps in accordance with the provisions of the Ordering Law, in particular, in accordance with Part 2 of Article 42 of the Ordering Law, the customer has the right to place orders by requesting quotations, if the price of a state or municipal contract does not exceed five hundred thousand rubles, except for the cases provided for in parts 5 and 6 of this article and Chapter 5 of the Law on Placement of Orders.

However, if the price of a state or municipal contract exceeds five hundred thousand rubles, the customer is obliged to place orders exclusively through bidding in accordance with the provisions of the Law on Placement of Orders.

2. Clause 5 of Part 2 of Article 55 of the Ordering Law establishes that placing an order with a single supplier (performer, contractor) is carried out by the customer if there is a need for work or services, the execution or provision of which can be carried out exclusively by executive authorities in accordance with with their powers or state institutions subordinate to them, state unitary enterprises, the corresponding powers of which are established by regulatory legal acts of the Russian Federation, regulatory legal acts of a constituent entity of the Russian Federation.

At the same time, the exclusive powers of the Federal State Unitary Enterprise "Russian Post", including the supply of postage stamps, are not established by the regulatory legal acts of the Russian Federation, the regulatory legal acts of the constituent entity of the Russian Federation, and therefore, the conclusion of government contracts for the supply of stamped envelopes and postcards and postage stamps from the Federal State Unitary Enterprise "Russian Post" on the basis of clause 5 of part 2 of article 55 of the Law on placing orders is unlawful.

However, after all of the above, I decided to turn directly to the provisions of Law 44-FZ.

By virtue of Part 2 of Art. 59 of Law 44-FZ, the customer is obliged to conduct an electronic auction in the event that purchases are made of goods, works, services included in the list established by the Government of the Russian Federation, or in the additional list established by the highest executive body of state power of a constituent entity of the Russian Federation when purchasing goods, works, services to meet the needs of a constituent entity of the Russian Federation, with the exception of cases of procurement of goods, works, services through a request for quotations, request for proposals, procurement from a single supplier (contractor, performer) taking into account the requirements of this Federal Law.

According to the Order of the Government of the Russian Federation dated October 31, 2013 N 2019-r, the list of goods, works, and services that must be carried out in the form of an electronic auction includes code 22.22.11.110 Uncanceled postage stamps.

Consequently, postage stamps cannot be purchased through a single source.

Postage stamps can be purchased within the framework of clauses 4, 5, part 1, art. 93 of Law 44-FZ within limits of up to 100 and up to 400 thousand rubles (with the reservations specified in the law), up to 500 thousand rubles through a request for quotations (with the reservations specified in the law), for any amount within the framework of an electronic auction.

Due to the fact that only the Federal State Unitary Enterprise “Russian Post” will enter the auction, then in the future we will conclude as with the only supplier within the framework of Part 2 of Art. 93 of Law 44-FZ.

The calculation of the NMCC will be made using the tariff method in accordance with Art. 22 of Law 44-FZ and Order of the Ministry of Economic Development of the Russian Federation of October 2, 2013 N 567.

Attention! The information provided in the article is current at the time of publication.

General information about the purchase

Purchase number on the EIS 0340100013017000016
Method for determining the supplier Purchase from a single supplier (contractor, performer)
The order is placed by Customer
Accommodation is carried out by
Tender name Supply of postage signs (envelopes, stamps)

Contact Information

Accommodation is carried out by FEDERAL PUBLIC INSTITUTION "CORRECTIONAL COLONY No. 9 OF THE DEPARTMENT OF THE FEDERAL PENALTY EXECUTION SERVICE IN THE KIROV REGION"
Location
Mailing address Russian Federation, 613825, Kirov region, Northern region
Responsible official Ponomarev Vasily Nikolaevich

Information about the procurement procedure

Restriction of participation in determining the supplier (contractor, performer), established in accordance with Federal Law No. 44-FZ (in accordance with paragraph 4 of Article 42 of Federal Law No. 44-FZ The contract is concluded with a single supplier on the basis of clause 1, part 1, article 93 of the Federal Law dated 04/05/2013 No. 44-FZ. Federal State Unitary Enterprise “Russian Post” is considered the only provider of postal services, since it is a subject of natural monopolies in accordance with Federal Law dated 08/17/1995 No. 147-FZ “On the sale of state signs”. postal payment is confirmation of payment for public communication services provided. The exclusive powers of the supplier are confirmed by: Federal Law of July 17, 1999 No. 176-FZ “On Postal Communications”, clause 24 of the Rules for the provision of postal communication services, approved by order of the Ministry of Communications and Mass Media of the Russian Federation, Decree of the Government of the Russian Federation dated October 24, 2005 No. 637, order of the FAS Russia dated March 15, 2016 No. 236/16 “On approval of tariffs for the service of sending internal written correspondence (post cards, letters, badges), for calculating the price - Denominations of postage marks correspond to tariffs for postal services in force on the territory of the Russian Federation in accordance with clause 3.2. Regulations on postal payment marks and special postal stamps of the Russian Federation, approved by order of the Ministry of Communications of the Russian Federation dated May 26, 1994. No. 115. By virtue of clause 5.3. Provisions of the sale of postage stamps of the Russian Federation are carried out by institutions of the Federal Postal Service strictly at nominal value. By order of the Federal State Unitary Enterprise “Russian Post” dated May 24, 2017 No. 28-r “On establishing sales prices for stamped envelopes and stamped postcards”, the price for stamped envelopes with a denomination designated by the letter “A”, size 110*220, is set at 30 rubles. By order of the Ministry of the Russian Federation for Communications and Information dated May 12, 2003. No. 56 determines the denominations of postage stamps designated by the letters “A” and “B”.

Initial (maximum) contract price

Initial (maximum) contract price 20,000 Russian ruble
Source of financing funds for additional budget financing KBK 320 0305 4230890048 244
Customer organization number 03401000130
Customer organization FEDERAL PUBLIC INSTITUTION "CORRECTIONAL COLONY No. 9 OF THE DEPARTMENT OF THE FEDERAL PENALTY EXECUTION SERVICE IN THE KIROV REGION"

Contract terms

Delivery location is available only to subscribed users
Deadlines for delivery of goods or completion of work or schedule for the provision of services Other frequency

Information about the procurement object

Postage stamp (denomination 10.0 rub.), new
Quantity: 160.00 (Unit of measurement: PC)
Price per unit: 10 Russian ruble
Price: 1 600 Russian ruble
OKPD2 code:

Name of product, work, service: Postage stamp (with a face value of 4.0 rubles), new
Quantity: 200.00 (Unit of measurement: PC)
Price per unit: 4 Russian ruble
Price: 800 Russian ruble
OKPD2 code: 58.19.14.110 (Uncanceled postage stamps, official and similar stamps)

Name of product, work, service: Postage stamp (with a face value of 1.0 rubles), new
Quantity: 400.00 (Unit of measurement: PC)
Price per unit: 1 Russian ruble
Price: 400 Russian ruble
OKPD2 code: 58.19.14.110 (Uncanceled postage stamps, official and similar stamps)

Name of product, work, service: Postal envelope marked with the letter “A”, GOST R 51506-99, new
Quantity: 480.00 (Unit of measurement: PC)
Price per unit: 30 Russian ruble
Price: 14,400 Russian ruble
OKPD2 code: 53.10.14.000 (Services post offices(objects) additional)

Name of product, work, service: Postage stamp (with a face value of 1.5 rubles), new
Quantity: 200.00 (Unit of measurement: PC)
Price per unit: 1 Russian ruble
Price: 300 Russian ruble
OKPD2 code: 58.19.14.110 (Uncanceled postage stamps, official and similar stamps)

Name of product, work, service: Postage stamp (with a face value of 2.0 rubles), new
Quantity: 200.00 (Unit of measurement: PC)
Price per unit: 2 Russian ruble
Price: 400 Russian ruble
OKPD2 code: 58.19.14.110 (Uncanceled postage stamps, official and similar stamps)

Name of product, work, service: Postage stamp (with a face value of 2.5 rubles), new
Quantity: 200.00 (Unit of measurement: PC)
Price per unit: 2 Russian ruble
Price: 500 Russian ruble
OKPD2 code: 58.19.14.110 (Uncanceled postage stamps, official and similar stamps)

Name of product, work, service: Postage stamp (with a face value of 6.0 rubles), new
Quantity: 100.00 (Unit of measurement: PC)
Price per unit: 6 Russian ruble
Price: 600 Russian ruble
OKPD2 code: 58.19.14.110 (Uncanceled postage stamps, official and similar stamps)

Name of product, work, service: Postage stamp (with a face value of 5.0 rubles), new
Quantity: 200.00 (Unit of measurement: PC)
Price per unit: 5 Russian ruble
Price: 1 000 Russian ruble
OKPD2 code: 58.19.14.110 (Uncanceled postage stamps, official and similar stamps)

Total: 20 000 Russian ruble