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3.7. Regulation of Public Procurement and Procurement by Public Companies

May 28 2015
15:30 - 17:30
Hall IV

Track: 3. Corporate Practice/ International Trade/ Protection of Competition

Description

Significant volumes of public procurements and lack of obligations that the Russian Federation has in this regard under the WTO make possible to use the system of public procurements as a powerful tool to support domestic manufacturers.

Public procurement procedures also have the potential to shape the new localization trend for industrial enterprises, which can be put into practice through establishment of a single well-structured transparent system of preferences, bans and restrictions in access to public procurements.

The Russian Government broadly uses this mechanism, including regulations that stipulate bans and restrictions in the process of public procurement for products in engineering and machinery, consumer goods and medical industries.

In the course of work there were various approaches used to identify a country of origin. These activities include the inspection carried out by Chamber of Commerce and Industry of Russia.

The Government also needs to come up with the reference criteria to attribute goods produced in Russia.

This issue is critical provided that in future the Government wants to draft a decree on public procurements for state and municipal needs. One of the reference points there to gain access to the public procurement system would be eligibility as a 'product made at the territory of the Eurasian Economic Union'.

The discussion aims to address the following issues:

  • State and municipal procurements as an affordable tool to back domestic manufacturers under Russian membership in the WTO: bans, restrictions and preferences;
  • Enforcement of Federal Law No 44 as of the 5th of April, 2013 "On the Contract System in State and Municipal Procurement of Goods, Works and Services", exemplified by the RF Government decrees No 656 as of 14.07.2014 and No102 as of 05.02.2015: bans enforcement;
  • Identification of a country of origin for enforcement of bans and restrictions in state and municipal procurements: development of criteria to attribute a product to the goods manufactured in the Russian Federation;
  • Prioritizing of goods, works and services of Russian origin that are supplied, done, provided by Russian entities as part of the procurement program for state-owned enterprises and the WTO dimension;
  • Further improvement areas for the contract system;
  • Provision of the national regime to the EEU member countries in their respective national and municipal procurements: enforcement of provisions under the EEU Treaty.

Moderator

Viktor Evtukhov

State Secretary - Deputy Minister of Industry and Trade of the Russian Federation


Biography

Educaton, academic degree:

1993 - Leningrad financial and economic institute („economic cybernetics”).

2002 - Faculty of Law of St. Petersburg State University.

2004 – Magistracy, School of International Relations of St. Petersburg State University.

Ph.D. in Economics (2003).

Professional experience:

In 1998 was elected as a deputy of St. Petersburg Assembly, was reelected twice in 2002 and in 2007.

In 2009 was appointed as a member of The Council of Federation of the Federal Assembly of the Russian Federation (represented St. Petersburg).

On 16th of February 2011 was appointed as a Deputy Minister of Justice of the Russian Federation by President of the Russian Federation Dmitry Medvedev.

On 11th of September 2012 was appointed as a Deputy Minister of Industry and Trade of the Russian Federation by Government of the Russian Federation.

Specialist area, professional interests:

Russian membership in WTO, Eurasian integration, state regulation of trade, intellectual property management.

Achievements, rewards:

Actual State Councilor of Justice of the Russian Federation (3rd class).

Publications, scientific works:

The book “Russia as it is” became a result of many years of publications and analysis.

Speakers

Oliver Josie

Deputy Commissioner, Competition Commission of the Republic of South Africa


Sergey Maksimov

Director of the Department for Competition and Public Procurement Policy, Eurasian Economic Commission


Sergey Pepeliaev

Managing Partner, Pepeliaev Group


Biography

Education, academic degree:

He graduated from the law faculty of Lomonosov Moscow State University. He teaches at Moscow State University and Moscow State University of International Relations (MGIMO).

Professional experience:

He has over 20 years of hands-on experience of considering corporate and personal taxation issues and resolving challenging situations involving investments and court proceedings.

As a practitioner, he has defended the rights and interests of companies before the state arbitration courts, the Supreme Court and the Constitutional Court of the Russian Federation in large-scale and significant court disputes regarding the legality of additional taxes and fines being assessed, unlawful regulations of the Russian Government, ministries and state authorities being repealed, and unconstitutional provisions of laws being set aside. He has also advised on matters including the taxation of investments and day-to-day business operations, and has organised and managed large-scale projects relating to the creation of enterprises and fund-raising for business.

As an expert, he has been invited on numerous occasions to the Russian Constitutional Court to express his views on cases. He serves as an expert on the State Duma Committee for the Budget and Taxes and is a member of the Russian Ministry of Justice’s Expert Panel for Monitoring Law Enforcement.

He has been invited on numerous occasions by the State Duma, Administration of the Russian President, Russian Ministry of Finance and other state authorities to take part in the drafting of legislation, in particular, the Tax Code of the Russian Federation, the Law on the Olympic Games and the Law on Transfer Pricing.

He is a member of the Board of the Federal Chamber of Attorneys and a member of the Board of the Moscow Region Chamber of Attorneys.

Achievements, rewards:

He is a winner of the Femida legal award, while he has been awarded the medal “For the Protection of Citizens' Rights and Freedoms” and the Fyodor Plevako silver medal.

Publications, scientific works:

He is the author of over two hundred articles, manuals and books on taxation, finance, budgeting, the use of natural resources and intellectual property.

Artur Rokhlin

Managing Partner, CJSC "LEXAR"


Biography

Education, academic degree:

1996 Graduated from the law department of Lomonosov Moscow State University.

1998 Graduated from the Russian School of Private Law, part of the Research Center of Private Law under the President of the Russian Federation.

Master of Private Law.

Professional experience:

1997–2000 Worked for OJSC Boguchangesstroi (a subsidiary of RAO UES of Russia), and progressed from working as a lawyer to becoming the head of the legal department.

2001 Received his credentials as an attorney.

2000–2013 Worked for YUST law firm.

2006 Became a partner in YUST law firm.

2011–2013 Participated in the activities of the NP “Advancing Corporate Law,” and formulated proposals for the modernization of the Civil Code of the Russian Federation.

2013 opened the Lawyer office LexAR.

Specialist area, professional interests:

Specialty: Competition Law and legislation on the suppression of unfair competition, Public-Private Partnerships (PPP), Corporate Law, Contract Law, Civil and Arbitration Processes.

Specializes in jurisprudence and legal policy design in a variety of complicated situations. One of the leading areas of practice - competition practice, which he has begun actively to address in 2004. In 2007 he participated in creation of the non-commercial partnership “Advancing Competition,” carrying out examination activities. Currently works on projects related to public-private partnerships (PPP) as well.

Achievements, rewards:

Best Lawyers 2009: «Competition Law», «Litigation»;

Legal Experts EMEA: «An expert on Corporate Law and Mergers and Acquisitions (M&A)».

Publications, scientific works:

Author of several articles on Competition and Civil law.

Renaud Sorieul

Secretary, United Nations Commission on International Trade Law (UNCITRAL)


Andrey Tsarikovsky

State Secretary – Deputy Head of the Federal Antimonopoly Service of the Russian Federation


Biography

Born on 26 April, 1963 in Moscow.

Education, academic degree:

Graduated from Saint-Petersburg Engineer-Economy Academy, specialization economy and organization of engineering industry, honored qualification engineer-economist.

In 1995 he has became assistant to the Member of the Legislative Assembly of St. Petersburg. A year later, he was appointed as a Chief of Staff of the First Vice-Governor - Chairman of the Finance Committee of St. Petersburg City Administration. Under his guidance a set of law enforcement acts and administrative rules of Saint-Petersburg Administration in the sphere of state finance management were elaborated.

From 1999 till 2004 – Director of scientific-research programs, executive director of “EPICENTER –Saint- Petersburg Foundation”. Is a draftsman of several legislative initiatives at the State Duma of the Russian Federation in the sphere of economy, finance, taxes and antimonopoly policy.

Since 2004 – Deputy Head of the FAS Russia, since July 2006 till now – Stats-secretary – Deputy Head of the FAS Russia.

He is a member of Governmental Commission on legislative activity, Governmental Commission on Economic Development and Integration, Military-Industrial Commission under the Government of the Russian Federation.

He is the active participant of the FAS’s Russia international cooperation with foreign organizations and competition authorities in the sphere of antimonopoly policy, combating unfair competition, state regulation of natural monopolies and control over public procurement. He is also in charge for BRICS cooperation and International Competition Network.

He is the Head of the Supervisory Council of the Kazan Study Centre, professor of the department for control over state and municipal procurement faculty of the National Research University “Higher School of Economics”.

Achievements, rewards:

He is honored the Order of Friendship 2008, Honor Certificate of the Government of the Russian Federation 2012, the Order "For Merit to the Motherland" of the IV degree.

Publications, scientific degree:

He is an author of more than 30 scientific publications, including monographs, including 12 in the field of economics and budget policy.

*This schedule may be subject to change