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The State Duma in 2013

The year 2013 came to the end, and we can summarize the results of the parliamentarians’ activity:

Documents, directly related to the activities of private security organizations:

 

  1. In the first reading bill №266901-6 “On Amendments to the Law of the Russian Federation “On private detective and security activity in the Russian Federation” is passed. The bill contains provisions on involvement of private security organizations to participate in the antiterrorism security. The bill contains rules governing the use of physical force by private security guards during carrying out their job functions. At the request of the responsible Committee (the Committee on security and anti-corruption) the bill consideration is postponed indefinitely.
  2. In the first reading bill №215939-6 “On Amendments to the Article 11.1 of the Federal Law “On private detective and security activity in the Russian Federation” is passed. Provisions of this document set a new limit for acquiring the status of a private security guard, namely it is the repeated involvement to administrative responsibility during the year for administrative offences against the government order, encroaching on state institutions, the public order and public safety in the sphere of illegal drug trafficking, psychotropic substances or their analogues and the consumption of narcotic drugs or psychotropic substances without a medical prescription.
  3. In the first reading bill №157425-6 “On Amendments to Certain Legislative Acts of the Russian Federation in order to introduce a compulsory medical examination for the consumption of narcotic drugs or psychotropic substances for the certain categories of citizens” is passed. This document also offers to make an annual compulsory medical examination of private security guards as well for consumption of narcotic drugs and psychotropic substances.

Documents on activities of private security organizations

  1. Federal Law № 44-FZ “On the contract system in the sphere of procurement of goods, works, services for state and municipal needs” is adopted.

The Law on the contract system in the sphere of procurement of goods, works and services for state and municipal needs is intended to replace the Law on placement of government (municipal) orders.

The purpose of the contract system – the introduction of a single transparent formation cycle, placement of state orders and execution of government contracts.

Special attention is paid to the procurement planning, assessing their validity. Customers are required to prepare procurement plans (for the period of the act‘s validity on the appropriate budget) and annual procurement schedules. Rationing is introduced – establishing requirements for purchased goods, works and services, including their price limit. This should eliminate unwarranted luxuries and goods (services) of the category “Lux”. There is the obligatory public discussion of the procurement with the cost of more than 1 billion rubles.

The law establishes the following ways of placing orders. In addition to electronic and closed auctions there may be applied different kinds of competitions, as well as a request for quotations (proposals) and purchases from a single supplier. The opportunity to conclude a contract with a single supplier is saved, if the competitive procurement process did not take place (but with certain restrictions).

The methods for determining the initial (maximum) contract prices are prescribed.

For the anti-dumping it is introduced the obligation to provide an increased support for the participants of competitions and auctions if their proposed price falls below the starting by 25%. Prequalification is considered during a tender for supply of goods (works, services) of highly complex, innovative or specialized nature.

It is possible to conclude a life-cycle contract (for purchasing goods and its subsequent servicing, repairing and utilization). The banking support of contracts is entered. Calculations during the execution of the contract, followed by the Bank, will be reflected in the accounts opened in it. The procurement of foreign goods and services are limited (not only in the sphere of defense and security).

Another innovation – electronic platforms should return to participants of the auction not only security made by them, but also obtained its income. The procedure of the contract amendment and termination is regulated. The monitoring of the procurement and the audit of results of the contract performance are provided.

To ensure transparency of the procurement, a single public information system is created. Procurement plans, the data on their implementation, the registers of contracts and unfair suppliers, the library of model contracts, catalogues of goods (works, services), the results of monitoring and the audit of the procurement and much more are placed in it.

Customers, who have the total annual volume of procurement that exceeds 100 million rubles, should form a special contract service. Other customers are obliged to appoint a contract manager. Besides, the public procurement control is introduced.

The Federal Law comes into force on January 1st, 2014, except for certain provisions provided later dates of enactment.

2.         Federal Law №78-FZ “On Protection Commissioners entrepreneurs in the Russian Federation” is adopted.

The legal status of the Ombudsman under the President of the Russian Federation for the protection of the rights of entrepreneurs, as well as authorized for the protection of the rights of entrepreneurs in the regions is consolidated. Thus, the Ombudsman under the President of the Russian Federation for the protection of the rights of entrepreneurs and its staff is a state body with the right of a legal entity, guaranteeing the state protection of rights and legitimate interests of business entities and the observance of these rights by state authorities, the local self-government and officials.

The Commissioner is appointed by the President of the Russian Federation taking into account the opinion of the business community for a period of 5 years.

He considers complaints of business entities in accordance with the legislation, taking into account some peculiarities, and also in accordance with the procedure of filing and consideration of complaints, decisions, approved by him.

The Commissioner is entitled to request and receive necessary information, documents and materials from the state authorities, local government bodies and officials; in some cases without a special permit to visit places of detention of suspects and defendants, as well as the institutions executing the punishment of the imprisonment.

The position of the Commissioner for the protection of the rights of entrepreneurs in the region – the state post of the subject of the Federation can be established by laws of the subjects of the Federation.

The Law entered into force from the day of its official publication.

3.         Federal Law №185-FZ “On Amendments to Certain Legislative Acts of the Russian Federation and Invalidating legislation (certain provisions of laws) of the Russian Federation in connection with the adoption of the Federal Law “On education in the Russian Federation” is adopted.

In connection with the adoption of the new education law, some amendments and additions were made to other legislative acts.

4.         Federal Law №177-FZ “On Amending the Articles 3.5 and 20.13 of the Code of Administrative Offences and the Article 1 of the Federal Law “On Amendments to the Code of Administrative Offences” is adopted

The administrative responsibility for the firing of weapons in non-designated areas is tightened.

Previously, this was punishable by a fine from 2 thousand rubles up to 5 thousand rubles or deprivation of the right to acquire and storage (storage and carrying) of weapons for a period from 1 to 3 years. In addition, weapons and ammunition were confiscated. The same penalty was supposed for the shooting in designated areas, but with violation of the rules. According to the amendments for this violation there will be a fine of 3-5 thousand rubles with confiscation of weapons and ammunition (or without it).

The law entered into force on July 30th, 2013.

5.         Federal Law №162-FZ “On Amending the Federal Law “On Employment in the Russian Federation” and certain legislative acts of the Russian Federation” are adopted.

Employers are prohibited to disseminate information about vacancies with restrictions on sex, race, color, nationality, language, origin, property, family, social and official status, age, place of residence, attitude to religion, political convictions, membership of public associations or any social groups, as well as for other reasons not related to the qualifications of the employee (except cases expressly provided by the law).

The administrative fine is provided for violation of this prohibition.

Also according to the amendments unemployed citizens who served in the army conscript, for 3 years after leaving the military have the right to go to the priority of professional training, retraining or upgrading.

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