A specialized organization is a structure for a specific purpose. This concept was introduced into use along with the adoption of Federal Law No. 94-FZ. This was used to better study the interaction of state and municipal facilities with commercial structures.
History of Appearance
From time to time, various institutions need certain work to be done or services to be provided that require considerable training, effort, skills, knowledge and experience. And at the same time, there are no relevant workers or equipment within the organization. In this case, specialized organizations are the solution. This is good when it is expensive to maintain certain specialists, but you cannot do without their services. Initially, the opportunity to involve in organizing, conducting and other actions was provided for in federal law No. 60-FZ of 1994. The logical continuation was obtained within the framework of a special provision approved byPresidential Order No. 305 of 1997. And the federal law No. 97-FZ completes the overall picture. They created a complementary system of legal relationships. For example, the listed normative acts do not contain a description of the mechanism for transferring functions, as well as the scope of delegated powers. But most importantly, the budget system of the Russian Federation simply did not provide for such expenses as possible. These issues were considered most fully in the second paragraph of Regulation No. 305.
Problems in forming the mechanism
It is in the Regulations that a specialized organization is a subject that is a legal entity. On a competitive contractual basis, the state customer is transferred to perform part of the functions. For example, the acquisition of products necessary for the performance of duties. Also in No. 97-FZ, it was considered that functions are transferred on the basis of an agreement. Despite all this, many questions arose and a whole wave of discussions regarding the operation of the mechanism. It was not possible to come to a generally accepted idea. There were no explanations either. In fact, everything was left to chance. This led to a slowdown in the ongoing reforms and acted as a catalyst for corruption processes. As a relative solution, the involvement of consulting companies was used. In some regions, the practice of attracting various specialized organizations on an ongoing basis has emerged. True, this is more of an exception, because it was a manifestation of local monopolies due to the lack of competition.
What did Law No. 94-FZ change?
He eliminated the legalvacuum in this matter. It uses the phrase "specialized organizations" very actively. This has been brewing for years, so it is not surprising that this issue was resolved with a guarantee. The definition provided in the law is as follows:
"… A legal entity engaged by the customer or an authorized body on the basis of an agreement to carry out the functions of placing an order by bidding in the form of a tender or auction."
It should be noted that certain bickering still remains. So, in paragraph 2 of Art. 6 stipulates that the choice is made by the authorized body through bidding in accordance with the law. But this contradicts paragraph 2 of Art. 1, and the provisions of the law as a whole. After all, it provides for other ways to place orders other than auction and competition.
International use
Such an entity as a specialized organization for customers from state and municipal structures did not appear from scratch. Its entry into the field of interaction was due to the market economy, the creation of which our country took up at the end of the last century. In addition, similar structures have long been used abroad. For example, the European Bank for Reconstruction and Development, IBRD and other international financial organizations use them to maximize the effective implementation of loans. At the same time, the usual situation is when, along with the assignment for finalizing the project, contracts are concluded for the preparation of a tenderdocumentation, evaluation of proposals received, as well as ensuring control over the execution of the contract.
About the functional aspect
Federal Law No. 94-FZ provides that the powers of a specialized organization may include the following points:
- Development of auction and tender documentation.
- Publication and placement of information about certain events.
- Sending invitations to organize a closed competition or auction.
- Other functions related to issues related to the provision of the bidding process.
Legislators most likely refer to the fourth point of organizational and technical support, such as answering requests from participants, receiving applications, and the like. But it should be borne in mind that the creation of a commission, the determination of the initial price for a future contract, the subject and essential conditions, project approval, tender and auction documentation, bidding conditions and all other changes can only be made by the customer (authorized body). He also signs the papers at the conclusion.
Specific distribution of powers
Let's look at some of the nuances within which any specialized care organization operates. We will not talk about restrictions regarding the approval of documents and the signing of contracts, since this is due to the positions of common sense. What does the customer get by attracting a specialized organization?
Good points
In short, the list of benefits is:
- Unloading the customer. Last but not least, this is due to the fact that department employees are full-time employees and perform all the functions of conducting and organizing purchases in addition to their main activities and, moreover, without additional payment. Because of this, problems are solved on a residual basis. Whereas specialized organizations have all the necessary capabilities and resources that can be focused on the successful implementation of the project.
- Possibility of accumulation of specialists. More importantly, practitioners are employed. In especially large companies, there is a staff of specialists in areas, that is, for example, power engineers, road engineers, IT. The cost of their maintenance is covered by many years of projects. But more popular is the approach according to which the minimum number of specialists is kept, and specialized employees are attracted only for certain projects.
- Involvement of specialized organizations. For example, research and design and survey institutes.
- Interest in a competent and controlled procedure for placing an order. Since the special organization is a commercial structure, it is directly interested in successfully implementing the project. Plus, it's usually backed by substantial experience.
Invalid actions
The customer should not do anything that restricts the process of attracting specialized organizations. Often even foundovertly corrupt actions that aim to select a baited company, which is in fact a cover for dishonest actions. As a result, failed projects, “frozen” construction projects, pending contracts, litigation and other similar unpleasant moments appear. All these actions result in a catastrophic increase in costs. And this is unacceptable from the standpoint of efficient spending of budgetary funds.
Another legislative point of view
Only the considered case is not limited. The organization of specialized assistance may be different from those structures that work with government orders. In this case, it is interested in the successful and efficient implementation of the tasks that relate to its field of activity. A specialized organization provides services / works that few people can perform in the required amount. This may be due to both the availability of certain equipment and qualified personnel. As an example, a specialized medical organization can be given. Such structures can provide assistance, which includes a complex of comprehensive therapeutic and preventive measures that are performed by highly specialized doctors for patients with certain pathologies using suitable equipment.
What does the medical direction include?
Work in this case is carried out exclusively in specialized hospitals, whichallow you to provide all the necessary conditions for successful manipulations and the treatment process. The main activities carried out are:
- Surgical, ophthalmic, maxillofacial, thoracoabdominal, urological, otorhinolaryngological, care for burned and lightly affected parts of the body.
- Therapeutic, toxicological, neuropsychiatric, dermatovenerological, radiological, infectious and somatic support.
- Helping people with TB.
- High-tech medical support. It refers to the use of new unique and/or complex therapies, as well as resource-intensive methods of care that are scientifically proven to be effective. An example is cell technology, the use of robotic technology and information developments, and genetic engineering. That is, everything that is developed on the basis of the existing achievements of medical science, as well as related areas with the active use of various machine devices.
This, in short, is what a specialized medical organization is doing. It can be both narrow-focused and support a wide range of issues.
About engineering work structures
But the matter is not limited to medicine. There are also specialized structures in more mundane areas that affect not only our he alth directly, but the comfort of life. Depends on themthe regularity of our existence within the framework of the existing civilization. As an example, a specialized gas organization can be considered. It is always present in cities and even some villages. Gas is a convenient fuel that can be used for cooking, as well as in various industrial facilities. Do you need to keep your water heating utility running? Not a problem, it is quite possible to arrange. A city-forming enterprise for the manufacture of complex metal products? And here gas comes to the rescue. But since this is a very dangerous substance, it is necessary to entrust the work with it to specialists who understand all the pitfalls and will not allow an undesirable situation to arise. What distinguishes such a specialized organization? The services it provides carry a potential risk for both employees and end users and even random people. For example, in the first case, it is always provided that if someone works in a potentially dangerous place (a well of gas communications), then another person who is in a safe place should always visually observe him. After all, a leak may occur, in which case there must be someone who can act as a rescuer. Therefore, the work should be done by specialists who know well what they will have to work with.
Let's say a word about the financial sector
When it comes to money, many things become possible. It would be surprising if there were no special organizations in this worldexisted. They are, and in a fairly large number, different in size. Some structures, such as the International Monetary Fund, provide and support entire countries. Others, smaller ones, focus on separate public and private initiatives. For example, there are specialized credit organizations that declare their specialization in the agricultural or industrial sector of the economy. They are engaged in financing various projects from these areas as a priority. Although if we talk about banks, then in our time there is often a transition from the status of a specialized to a universal structure. In other words, the field of activity is expanding. But this is true only for commercial companies. If we talk about such specialized financial organizations as the International Monetary Fund or the Central Bank, then in relation to them such a turn of affairs is excluded. In addition, large structures can be viewed from a different angle. The same IMF, the UN, the European Court of Human Rights are specialized international organizations, each of which operates within certain powers.
A little about the legal aspects in the implementation of activities
Specialized organizations differ in certain specifics of their work. Comparing a medical and trading company is unacceptable. So, in the first case, the impact is on human he alth and life. There are risks that the treatment will be chosen incorrectly.and the situation will only get worse, or that it will be useless at best. And this will affect the he alth, and possibly the life of a person. It is unacceptable. Whereas the trading organization is simply engaged in the distribution of produced material values. Therefore, it is not surprising that they have to work in different legal conditions. How are they different?
The rights of a specialized organization affect exactly the area in which you have to act. For example, if someone takes it into his head to cut a person on the street, then at best an attempted murder will be brought. But for a surgeon, this is his source of income and respect among the people around him. The same can be said about the implementation of geological exploration, which requires a license, and about working in dangerous conditions. In all these cases, it is necessary to provide a special legal regime that allows achieving the set goal and fulfilling the formulated tasks. We have to allow actions that the vast majority of citizens are prohibited from doing. The same law enforcement officers are armed with short-barreled combat weapons. And in the country it is illegal to buy pistols. But at the same time, one should not forget about such a moment as powers. It's one thing for a surgeon to cut a person in the operating room to save his life. But on the street for the sake of a wallet - this will already be a criminal offense, an action that is condemned.
