The Supreme Court of the Russian Federation has published a decision on the case of which organizations of disabled people have advantages in the framework of public procurement of certain types of goods and services under the law on the contract system 44-FZ. In accordance with Article 29 of the law, all-Russian public organizations of disabled people and their subsidiaries who win a tender receive a 15% surcharge on the price they offer within the maximum price of the contract. At the same time, the subsidiary organizations must have at least 50% of disabled employees, for whom at least 25% of the salary fund is allocated.
According to Aleksey Zalesov, Senior Partner of «Zalesov, Timofeev, Gusev & Partners», in recent years there has been an increase in the number of unscheduled inspections in accordance with the 44-FZ conducted by the central office of the FAS and in the number of letters on the procedure of application of the norms of this law based on departmental interpretation. Meanwhile, the Supreme Court is trying to balance control over this sphere.
For more details about the opinion of Aleksey Zalesov and other experts (in Russian) please follow the link.