What is expiration? Transition to a new contract
What to do with the payment for December with ROSTELECOM for telephone communications if the acts will be in January and advances under 44FZ are not provided. And the contract deadline is December 31, 2015. We are a federal government agency, and Rostelecom is a monopoly. The limits for this contract were increased in 2014. Based on the calculation of the limits, the Civil Code was concluded. These are the limits for 2015. But what about this example? This question will arise for all CUSTOMERS with telephone payments. We will be very grateful because this situation needs to be resolved before December 20. What to do, either terminate the contract and stop carrying out inter-city negotiations, which is impossible to do, or commit a violation
Answer
This situation occurs in almost all institutions regarding payment for utilities and communication services for the month of December. There is no need to terminate contracts. Pay the obligations for December in January of the next year at the expense of the 2016 LBO. To do this, agree with GRBS on the increase in LBO for 2016. for relevant expense items. Payment by the institution of agreements and contracts is made within the limits of budgetary obligations (LBO) brought to the institution. ). taking into account accepted and unfulfilled obligations ( At the same time, LBOs are brought to the attention of recipients of budget funds before the start of the next ( , financial year Budget Code
RF). A government agency has the right to accept budget obligations December current year
within the limits of LBO, brought to the next year, and pay them in January 2016. According to the Russian Ministry of Finance, payment in January of this year for goods (works, services) received in December last year cannot be qualified as misuse of budget funds.
These clarifications are contained in letters from the financial department,
From January 1, 2017, the procurement procedure has changed. In particular, purchases not included in the schedules are now prohibited. Our trading expert Peter Vorontsov answered your questions. We hope that this material will help you understand how to draw up a schedule and there will be fewer gaps on this topic. Do you need high-quality knowledge and a certificate of advanced training? Register for online course
The schedule is a list compiled by the customer of goods, works, and services purchased throughout the calendar year (clause 2 of Appendix No. 1 to Order No. 761/20n). To prepare it, it is necessary to determine the responsible person, the goods (work, services) required by the customer and the volume Money, which are allocated for their acquisition.
The schedule is filled out according to the form given in Appendix No. to Order No. 761/20n. It includes information about any planned purchases (clause 4 of Features No. 182/7n). This information should be indicated in the schedule for the year in which the procurement will begin.
Article "" - who draws up the schedule, how to approve it, how to make changes and place the schedule in the Unified Information System.
How to make a plan - schedule
Question 1:
The company enters into a service agreement with boiler room operators from November to April. How to reflect the amount in the schedule and procurement plan? Calculate the amount up to December 2017 inclusive, and from January to April conclude a new contract and include it in the 2018 schedule? Or at the end of heating until April? But this will already be 2018, and the plan is only for 2017?
There is no need to enter into two contracts. You will reflect your contract in the 2017 schedule (if the conclusion is planned in 2017). The specified contract is not required to be indicated in the 2018 schedule.
The schedule includes information about purchases that must take place in the planning period, and not about the execution of contracts that the customer will perform in the planning period.
Question 2:
Should we include payments that will be made in 2017 under contracts concluded in 2016 in the procurement plan and schedule for 2017?
No, they shouldn't. The procurement plan and schedule include information about purchases that must take place in the planning period, and not about the execution of contracts that the customer will perform in the planning period.
Question 3:
I spent 291,000 rubles on heat energy, instead of the planned 231,000 rubles. Do I need to first make adjustments to the schedule, and then submit the last report of completed work? And I can't understand the timing.
In this situation, you do not need to make changes to the schedule.
Question 4:
The organization is located in a building that belongs to the district administration, an agreement has been concluded for free use until 2025. We reimburse the administration for housing and communal services expenses. Do they need to be placed in the schedule and procurement plan?
The lease agreement was concluded until 2025 before Law No. 44-FZ came into force for you. As I understand it, you reimburse the expenses for housing and communal services to the administration under the specified agreement. Thus, these expenses are part of the obligations that arose before your company came under the scope of Law No. 44-FZ. These expenses should not be included in the total annual volume of purchases and should not be considered as purchases under Law No. 44-FZ.
We recommend watching the recording of the webinar. The lecturer will tell you: how a procurement plan differs from a schedule, what acts regulate planning in addition to 44-FZ, what should be done, within what time frame, who is responsible for the result.
Question 5:
1. We will conclude new contracts for 2018 according to the rules of Law 44-FZ at the end of 2017. In the procurement schedule, in column 7 it is necessary to indicate payments for 2017 under the 2016 contract, and in column 8 the planned payments under the contract that will be concluded at the end of 2017 for 2018?
2. And in the order placement schedule, in column 9, should we indicate the amount for which we plan to conclude a contract in 2017 for 2018?
3. The agreement concluded in 2016 for 2017 does not specify the amount. Is it necessary to conclude an additional agreement to the contract for a specific amount for 2017 in December of this year in order to indicate it in the procurement plan and schedule?
4. In 2017, we will enter into an agreement for 2018 for the supply of spare parts for our vehicles in the amount of 200 thousand rubles. If in 2018 we need more spare parts than planned, will it be possible to conclude an additional agreement to the contract for some more amount? And what method of determining the supplier is better to choose for purchasing spare parts?
1. In column 7 of the schedule, you will have to reflect both payments under contracts of the previous year (2016) made in accordance with Law No. 44-FZ, which you will have to make in the current year (2017), and contracts of the current year with a payment due date of current year. In column 8 of the schedule, you must reflect the costs of contracts for the current year, which will be carried out in the first year of the planning period.
2. Column 9 of the schedule reflects the expenses that will be incurred by you in 2019 under contracts concluded in 2016-2017.
3. If you entered into an agreement in 2016 according to the rules of Law No. 44-FZ, then this is a violation. As I understand, you are a municipal unitary enterprise (SUE) and are switching to Law No. 44-FZ from Law No. 223-FZ. If I am right, then in this case purchases under Law No. 223-FZ, carried out in 2016, you do not need to reflect the 2017 schedule for purchases under Law No. 44-FZ.
Question 6:
Is the procurement identification code indicated in the procurement plan and schedule when purchasing from a single supplier?
The procurement plan and procurement schedule do not require reflection of all information on procurements carried out on the basis of clauses 4, 5, 26, 33 of part 1 of Article 93 of Law No. 44-FZ. Information on such purchases is reflected in the amount of annual volume financial security on this basis. In the schedule, information on such purchases is indicated in columns 1, 9 and 13 of the schedule form as a separate line (letter of the Ministry of Economic Development of the Russian Federation dated June 15, 2016 N OG-D28-7315). The procurement plan is filled out in the same way.
If the procurement is carried out on another basis of Article 93 of Law No. 44-FZ, for example, services of a natural monopoly, then you need to fill out the procurement identification code.
How to make changes to the plan - schedule
Question 7:
In the plan and schedule, the contract amount for utilities is 109 thousand, in fact, invoices were issued for 111 thousand. If we pay the actual invoices, how can we properly close the contract on the website? What changes should we make and where should we make them?
In this case, no changes to the schedule are required. Upon completion of the contract, enter into the contract register the data provided for in Article 103 of Law No. 44-FZ.
Question 8:
We are a municipal budgetary institution, we pay for the utility contract from the municipal assignment, at the end of the year we will pay from the income from paid services. What changes should be made to the schedule? And how to properly close a contract on a website?
In case of exhaustion budget funds to pay for utilities, I would recommend terminating the contract by agreement of the parties and concluding a new contract in accordance with Law No. 223-FZ, paying for services with income from paid services.
Question 9:
One of these days the budget for 2017 will be signed; within 3 days I need to set a preliminary schedule for 2017. On January 25, the budget will be finalized, the PFHD will be issued, and I need to make adjustments to the schedule. Am I doing everything right?
According to Part 10 of Article 21 of Law 44-FZ budgetary institutions The procurement schedule must be approved no later than 10 working days from the date of approval of the financial and economic activity plan. And, accordingly, within 3 days after approval, place it in the Unified Information System. The requirement to formulate a “preliminary plan-schedule” is not provided for by Law 44-FZ.
Question 10:
1. Is it possible to conclude contracts earlier than the published schedule, referring to Art. 425 of the Civil Code of the Russian Federation (legal relations that arose before the date of conclusion of the contract), or is it correct to conclude at the end of December?
2. If at the end of December 2016 the amount for the contract with execution in 2017 is included in the schedule. In 2017, the contract amount increases. Can you simply conclude an additional agreement or do you need to conclude a new agreement for an increased amount (the amount included in the 2016 schedule is not enough, but changes were made to the schedule in 2017)?
- Based on the norms of Law No. 44-FZ, procurement is possible only after the formation and publication of a procurement plan and schedule.
- A change in the price of a concluded contract is possible only within 10% (with a proportional increase in the volume of services provided, goods supplied, work performed). Otherwise, a new contract must be concluded.
Read the article on how not to get confused in these documents.
When should I post the plan and schedule?
Question 11:
A scheduled inspection revealed a violation: the schedule was approved by order of the boss financial management dated January 28, 2015 and posted on the official website on the Internet on January 29, 2015. later than one calendar month after the decision on the budget dated December 19, 2014. Some auditors believe that the placement period is 01/31/2015, others consider the following. day of decision and budget. Budget allocations were completed on December 30, 2014. Was the deadline for publishing the plan/schedule actually violated?
Clause 2 of the Features..., approved by order of the Ministry of Economic Development of Russia and the Federal Treasury dated September 20, 2013. N544/18n, it is established that schedules must be posted on the official website no later than 1 month after the adoption of the law (decision) on the budget. Since the decision on the budget was made on December 19, 2014, the schedule should have been published before January 19, 2015. In the situation considered, the deadline for publishing the schedule was violated.
Question 12:
Do I understand correctly that I must submit the procurement plan and procurement schedule for approval within 10 days after the budget for 2017 and the planning period 2018-2019 are approved? After that, within 3 days I must place them in the EIS. The budget approval council is scheduled for December 22, so it turns out I must approve and post the procurement plan and procurement schedule in the Unified Information System by December 31, 2016?
You are right, the procurement plan and schedule must be approved within 10 working days after the adoption of the budget and posted in the Unified Information System within 3 working days after approval.
Thus, if the budget is approved on December 22, 2016, then maximum term publication of the procurement plan and schedule - 01/17/2017.
Question 13:
Confused with the timing of drawing up Procurement Plans and schedules.
The founder brought to us the numbers for drawing up the PFHD plan on 12/28/16. If I understand correctly, then we must draw up and approve it within 10 working days (until 01/17/2017), then within 10 working days we must draw up and approve the procurement plan and schedule (until 01/30/2017).
What then to do with the contracts and notices that we conclude for utility services in January. Will it not be a violation if the notice is posted earlier than the procurement plan?
In your case, you cannot place notices and enter into contracts until the procurement plan and procurement schedule are published in the Unified Information System. Try to approve and publish them as soon as possible, then you will have time to conclude contracts. Unfortunately, Law 44-FZ does not provide any other way.
14.06.2011
Good day, friends.
Today I will talk about expiration and how to switch to a new one futures contract.
If you are just a beginning trader, then you need to remember one simple thing: in one year, futures contracts on the RTS Index change 4 times, i.e. every 3 months a new futures contract begins to actively circulate.
At the very beginning of the year, they trade the March contract, which begins its circulation back in previous year. The name “March” simply means that the contract will be executed in March. The letter denoting the March contract is H. That is. RIH6 is a futures contract for the RTS Index (RI), which is executed in March (H) 2016 (6).
Here are the 4 basic letters:
H – March contract (execution in March);
M – June contract (execution in June);
U – September contract (execution in September);
Z – December contract (execution in December);
Remember: the life of each contract lasts six months, but the greatest activity occurs in the last 3 months of trading. For example, the same March contract RIH6 begins to circulate on the market on September 15, 2015, but trading activity until December 15, 2015 is very low. At this moment, everyone first of all trades the contract that is executed on December 15 - the December (Z) futures contract for the RTS Index (RI) 2015 (5), i.e. RIZ5.
Therefore, after the expiration of the December contract, i.e. termination of its trading, everyone moves on to the next contract, namely RIH6, which justifies the subsequent increase in its trading activity.
The last day of trading of a futures contract is determined by the exchange. For example, in Russia, the last day of trading of a futures contract for the RTS Index on the RTS exchange is usually the 15th day of the corresponding month (March, June, September, December). After this date, futures contracts for this year's RTS Index expire and are never traded again.
Traders who hold futures positions beyond the last day of trading are no longer able to independently close their positions using a reverse transaction. The exchange does all the work (it automatically calculates the difference between the cash price and the futures price).
If we go to the website of the Russian trading system in the futures and options section, click on the nearest RTS Index futures contract,
then we'll see detailed information about this contract (specification).
In the execution section you can read the following: “Closing positions with the transfer of variation margin calculated based on the average value of the RTS Index for the period from 15:00 to 16:00 on the last day of concluding the contract, multiplied by 100. The cost of the minimum contract price step corresponds to 20% from the exchange rate of the US dollar against the Russian ruble, established in accordance with the Methodology at 18:30 on the last day of the Contract.
Those. if we held the futures contract until expiration, then there is nothing to worry about. You don't need to count anything, everything will be done automatically. In the period from 15 to 16 hours the average price for the RTS Index will be found. This value will be multiplied by 100 to convert the index value to a 6-digit number and remove all commas. After this, there will be an automatic conversion into money. When calculating the price step, the dollar rate fixed at 16:30 Moscow time on the last day of the contract circulation will be used.
Of course, if a position is open, it is better to switch to a new contract in advance. Personally, I usually do this on the last or penultimate day of circulation of the old contract. These days, the new futures contract is moving quite beautifully, without jerks or breaks. The liquidity of the instrument is clearly increasing.
Many people think that switching to a new futures contract is a labor-intensive and technically complex process. Many people are generally scared by the term “expiration”.
Now I'll show you how to trading terminal With QUIK you can switch to a new contract very quickly.
1. Right-click on the window with the graph and select “Edit”.
2. In the “Diagram” tab, select “Change” and find a new contract (for example, RIU6).
After this, all charts and related indicators located in one window should change. Now all that remains is to change the order book.
3. To do this, go to the menu item “Create window”, then “Current trading”. In the window that appears, in the available instruments we find “FORTS futures” and, accordingly, necessary contract(or enter the short code of the tool in the search bar, for example RiU6).
4. In the constructed “Current trading” table, right-click on the contract that appears and select the “FORTS futures RIU6” item.
After this, all that remains is to simply replace the old glass with a new one.
That's all there is to it. If you found the article useful, please like it and recommend it to your friends.
Alexander Shevelev was with you.
Dear Colleagues! The end of the year is approaching and there are purchases that the customer must make before the end of the year in order to receive these services from January 1st. Of course, this primarily concerns utilities.
Previously, customers could, in accordance with Article 425 Civil Code, later, for example in February, indicating that the terms of the contract they entered into apply to their relationship prior to the conclusion of the contract (i.e., the provision of services begins on January 1). This article has been amended and the phrase “unless otherwise established by law or follows from the essence of the relevant relationship” has been added.
Letter of the Ministry of Economic Development of the Russian Federation dated August 3, 2015 N D28i-2286 provides clarifications that indicate that “According to paragraph 3 of Article 3 of Law N 44-FZ, procurement begins with the identification of the supplier (contractor, performer) and ends with the fulfillment of obligations by the parties to the contract. In accordance with paragraph 2 of Article 3 of Law No. 44-FZ, the determination of a supplier begins with the placement of a notice of the procurement of goods, work, services to ensure state needs(federal needs, needs of the subject Russian Federation) or municipal needs or in cases established by Law N 44-FZ from sending an invitation to take part in determining the supplier (contractor, performer) and ending with the conclusion of a contract. Thus, the application of the provisions of paragraph 2 of Article 425 of the Civil Code of the Russian Federation is not possible to relations regulated by Law N 44-FZ, due to the fact that the obligatory legal relationship between the customer and the supplier begins exclusively from the moment the contract is concluded.”
This means that customers should try to conclude a contract before January 1, 2016. This means that information about these contracts must be included in the 2015 schedule and only after 10 days notification can be given (if we're talking about about paragraphs 1, 8 of part 1, article 93) and after 5 days conclude a contract. Regarding point 29 (guaranteed electricity supplier), there is no need to give notice; you can immediately conclude a contract. Contracts concluded in 2015 do not need to be included in the 2016 schedule.
I would also like to add that in accordance with the letter of the Ministry of Economic Development of the Russian Federation dated July 6, 2015 No. OG-D28-9288 “On clarification of the provisions Federal Law dated April 5, 2013 No. 44-FZ", the customer has the right to purchase any goods, works, services (including water supply, sanitation, heat supply services) from a single supplier (contractor, performer) in accordance with paragraph 4 of part 1 of the article 93 of Law No. 44-FZ for an amount not exceeding one hundred thousand rubles per contract, subject to restrictions, established by law(the amount of all paid contracts under this item for the year should not exceed two million rubles or should not exceed five percent of the customer’s total annual purchase volume and should not amount to more than fifty million rubles).
