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Challenging Aspects of Procurement of Materials and Resources by Energy Companies in Accordance with Federal Law No. 223-ФЗ of July 18, 2011
 
PIIS231243500022404-2-1
DOI10.18572/2410-4396-2021-2-88-92
Publication type Article
Status Published
Authors
Snezhana M. Saushkina 
Occupation: Deputy Directorate Head of Gazprom, PJS
Affiliation:
Saint Petersburg State Economic University
Gazprom, PJS
Address: Russian Federation, Saint-Petersburg
Journal nameEnergy law forum
EditionIssue 2
Pages88-92
Abstract

In 2014, after the introduction of mutual sanctions by Russia and the Western countries, Russia declared a course towards import substitution. In that context, energy companies with state participation are developing a number of measures to support it. That said, energy companies come across a situation when some measures cannot be carried out due to the contradiction between local acts and the applicable laws. At the same time, local acts of companies with state participation are adopted based on the need to ensure safety during the construction, design and operation of energy industry facilities. To achieve these goals, energy companies with state participation introduce a variety of mechanisms for verification of compliance of the contractors' production with the requirements of the company itself and various technical standards. However, the application of all mechanisms is extremely difficult without amending the applicable laws. The article reviews problem solution options that provide for the possibility of maintaining a balance of interests of all energy market players.

 

Keywordsenergy law, legal position of energy companies, legal regulation of procurement, register of materials and resources, local acts of energy companies
Received01.06.2021
Publication date30.06.2021
Number of characters10959
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1 Despite the fact that the subject of legal research is various aspects of the legal regulation of procurement by certain types of legal entities, many issues rightfully continue to arouse interest, and the current state of legal regulation requires improvement. [1]
2 Since September 2014, the Government of the Russian Federation has been implementing an industrial import substitution program.
3 By the present day, several regulatory acts have been adopted for the implementation of this program at the federal level and at the level of economic entities.
4 Energy companies with state participation are putting a lot of effort in the study of markets and the current state of industrial production of equipment, materials, and resources. Let us review the said measures on the example of Gazprom, PJSC, and analyze the problems that the company faces during their implementation.
5 By Order No. 88 of February 25, 2020, Gazprom, PJSC, approved a list of the most important types of products for import substitutionandlocalcontentinmanufacturing for the purpose of technological development of Gazprom, PJSC, [2] and developed a unified Register of Materials and Resources (hereinafter referred to as the «M&R») Approved for Use at the Company’s Facilities and Complying with the Requirements of Gazprom, PJSC (hereinafter referred to as the «Register of M&R of Gazprom, PJSC»). The mentioned register is continuously updated and supplemented. [3]
6 Maintaining the said Register of M&R of Gazprom, PJSC, is primarily conditioned by the need to ensure safety during construction, repairs and reconstruction of facilities of the unified gas supply system. For the purposes of procurement, Gazprom, PJSC, studies to the greatest possible extent the markets of materials and resources, the latest technologies and scientific achievements in the industry, and also conducts surveys of the industrial capacities of the suppliers’ equipment for compatibility with the existing unified gas supply system.
7 The aim of such market study is to exclude cases of conclusion of agreements with suppliers whose manufacturing process does not comply with the requirements of the applicable laws of the Russian Federation in terms of technical regulation and the standards of Gazprom, PJSC. The above-mentioned register is maintained to accumulate and systematize all the information obtained. It should be mentioned that any organization can submit an application for inclusion in the Register of M&R of Gazprom, PJSC, and undergo the appropriate approval procedure. All the information on the procedure for inclusion and the set of provided documents is available on publicly available Internet resources, including the website of Gazprom, PJSC [4].
8 The inclusion of enterprises is carried out on the basis of the methodology for the preliminary assessment of the readiness of enterprises to manufacture products for the needs of Gazprom, PJSC, approved by the Deputy Chairman of the Board of Gazprom, PJSC, on April 16, 2016. [5]
9 According to this methodology, any enterprise planning to organize mass production and supply of products critical for Gazprom, PJSC, has the right to collect the necessary package of documents and send it to the appropriate Department of Gazprom, PJSC, for consideration.
10 When the documents are received, employees of the corresponding Department of Gazprom, PJSC, analyze the submitted documents and conduct a comprehensive audit of the enterprise. The methodology allows the involvement of an independent expert organization to conduct an appropriate analysis of documents and a comprehensive audit of the enterprise. Expert examination services are rendered by expert organizations based on civil law agreements concluded based on the results of tender procedures carried out in accordance with the Provision on the Procurement of Goods, Works, Services by Gazprom, PJSC, and the Companies of the Gazprom Group [6] (hereinafter referred to as the «Provision on Procurement of Gazprom, PJSC»). Thus, an independent expert organization with highly professional specialists is involved.
11 A special expert group is created in the company to conduct an expert assessment and determine the index of readiness of enterprises for the manufacture of import substituting products for the needs of Gazprom, PJSC. Upon completion of the assessment of the enterprise, each expert documents the values of the following indicators:
  • The availability of a production facility necessary for the manufacture of products;
  • The availability of the technical groundwork;
  • The degree of local manufacturing content in the territory of the Russian Federation;
  • The degree of criticality of imported components, raw stock, materials for the manufacture of products;
  • The legality of the use of technical, technological documentation, intellectual property deliverables;
  • Product quality assurance;
  • Business reputation;
  • Completeness of presentation of information on project feasibility;
  • The share of encumbered assets in the balance sheet currency as of the last reporting date;
  • The current liquidity ratio for the last three reporting years;
  • Financial independence of the enterprise.

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