A specialized organization is a structure for a specific purpose. This concept was introduced into use 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.
Background of occurrence
Periodically, various institutions need certain work to be performed or services rendered that require significant training, effort, skills, knowledge and experience. And while inside the organization there are no corresponding workers or equipment. The solution in this case is specialized organizations. This is good when it is unprofitable to keep certain specialists, but their services cannot be avoided. Initially, the possibility of involving in organizing, conducting and other actions was provided for in federal law No. 60-FZ of 1994. A logical continuation was obtained in the framework of a special provision approved by Presidential Decree No. 305 of 1997. And the federal law No. 97-FZ completes the big picture. They created a complementary system of legal relationships. For example, in the listed normative acts there is no description of the mechanism of transfer of functions, as well as the amount of delegated authority. But most importantly, the budget system of the Russian Federation simply did not provide for such possible costs. Most fully, these issues were considered in the second paragraph of Regulation No. 305.
Problems in the formation of the mechanism
It is in the Regulation that a specialized organization is an entity that is a legal entity. On a competitive contractual basis, he is transferred the fulfillment of part of the functions by the state customer. For example, the acquisition of products necessary for the performance of duties. Also in No. 97- 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 thought. There was no explanation. In fact, everything was left to chance. This led to the inhibition of ongoing reforms and acted as a catalyst for corruption processes. As a relative solution, the use of consulting companies was used. In some regions, there is a practice of attracting various specialized organizations on an ongoing basis. True, this is more an exception, because it was a manifestation of local monopolies due to the lack of competition.
What has changed the law No. 94-FZ?
He eliminated the legal vacuum in this matter. It very actively uses the phrase "specialized organizations." This has been brewing for years, so it is not surprising that they resolved this issue with a guarantee. The definition provided by law is as follows:
"... A legal entity attracted by the customer or the authorized body, on the basis of an agreement, to carry out the functions of placing an order by holding tenders in the form of a tender or auction."
It should be noted that some bickering still remained. So, in paragraph 2 of Art. 6 provides that the selection is made by the authorized body through tendering in accordance with the law. But this contradicts paragraph 2 of article 1, and the provisions of the law as a whole. Indeed, it provides for other ways of placing orders other than auction and tender.
Use in international practice
Such a subject as a specialized organization for customers from state and municipal structures did not appear from scratch. His conclusion to the field of interaction was determined by 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, to maximize the effective implementation of loans, they are used by the European Bank for Reconstruction and Development, IBRD and other international financial organizations. In this case, it is usual that, together with the task of finalizing the project, contracts are concluded for the preparation of tender documents, evaluation of the proposals received, as well as ensuring control over the execution of the contract.
About the functional aspect
Federal Law No. 94-FZ stipulates that the powers of a specialized organization may include the following points:
- Development of auction and tender documentation.
- Publishing and posting information on certain events.
- Sending invitations to organize a closed tender or auction.
- Other functions related to the issues of ensuring the bidding process.
The legislators most likely refer to the fourth paragraph organizational and technical support, such as responding to 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, the approval of the project, the tender and auction documentation, the terms of the tender and all other changes can only be made by the customer (authorized body). He also signs papers at the conclusion.
The specifics of the distribution of powers
Let's look at some of the nuances within which any specialized assistance organization works. We will not talk about restrictions regarding the approval of documents and the signing of contracts, as this is due to common sense positions. What does the customer receive through the involvement of a specialized organization?
Positive points
In short, the list of benefits is as follows:
- Unloading the customer. Not least of all, this is due to the fact that the employees of the departments are full-time employees and carry out all the functions of conducting and organizing purchases in addition to the main activity and, moreover, at no extra charge. Because of this, problems are solved on a residual basis. While specialized organizations have all the necessary capabilities and resources that can be focused on the successful implementation of the project.
- The possibility of accumulation of specialists. More importantly, practitioners work. Especially large companies have a staff of specialists in the fields, that is, for example, energy, road engineers, IT. The costs of their maintenance are covered thanks to many years of projects. But the more popular is the approach according to which the minimum number of specialists is contained, and specialized employees are attracted only for certain projects.
- Attraction of specialized organizations. For example, research and design 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. In addition, this is usually supported by significant experience.
Invalid actions
The customer should not do at least something that restricts the process of attracting specialized organizations. Often there are even frankly corrupt actions that aim to choose a lured company, which is in fact a cover for dishonest actions. As a result of this, failed projects, “frozen” construction sites, unfinished contracts, litigation and other similar unpleasant moments appear. All these actions result in a catastrophic increase in costs. And this from the point of view of efficient spending of budget funds is unacceptable.
Another legislative point of view
Only considered case is not limited. The organization of specialized assistance may be distinguishable from those structures that work with government orders. In this case, she is interested in the successful and effective implementation of tasks that relate to her field of activity. A specialized organization provides services / works that few can carry out to the required extent. This may be due to the presence of certain equipment, as well as qualified personnel. An example may be a specialized medical organization. Such structures can provide assistance, which includes a complex of comprehensive treatment and prophylactic measures that are performed by narrow-profile doctors to patients with certain pathologies using appropriate equipment.
What does the medical direction include?
Work in this case is carried out exclusively in specialized hospitals, which allow providing all the necessary conditions for successful manipulations and the treatment process. The main activities carried out are:
- Surgical, ophthalmic, maxillofacial, thoracoabdominal, urological, otorhinolaryngological, help for burnt and lightly damaged parts of the body.
- Therapeutic, toxicological, neuropsychiatric, dermatovenereological, radiological, infectious and somatic support.
- Helping people who are sick with tuberculosis.
- High-tech medical support. It means the use of new unique and / or complex methods of treatment, as well as resource-intensive methods of care that have scientifically proven effectiveness. An example is cellular technology, the use of robotic technology and information developments, and genetic engineering. That is, everything that is developed on the basis of existing achievements of medical science, as well as related fields with the active use of various machine devices.
Here, in short, a specialized medical organization is involved. It can be either narrow-profile or provide support within a wide range of problems.
About engineering workers
But the matter is not limited to medicine. There are specialized structures in more mundane areas that affect not only directly our health, but also the comfort of life. The dimension of our existence within the framework of the existing civilization depends on them. As an example, a specialized gas organization can be considered. It is always in cities and even some villages. Gas is a convenient fuel that can be used for cooking, as well as in various industrial facilities. Is it necessary to ensure the operation of a public utility for heating water? Not a problem, it is quite possible to organize. 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 the occurrence of an undesirable situation. What makes such a specialized organization stand out? The services provided by it carry a potential risk for both employees and end users, and even casual people. For example, in the first case, it is always stipulated that if someone works in a potentially dangerous place (a gas communication well), then he must always be visually observed by another person who is in a safe place. After all, a leak may occur, in which case there must be someone who can act as a rescuer. Therefore, the work should be carried out by specialists who know well what they will have to work with.
On the financial sphere, let us put in a word
When it comes to money, much becomes possible. It would be surprising if special organizations in this world did not exist. They are, and in a fairly large number, different in size. Some entities, such as the International Monetary Fund, provide and support entire countries. Others, smaller ones, are aimed at separate initiatives of the state and private levels. 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 precisely these areas as a priority area of ​​activity. 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 such a turn of affairs is excluded in relation to them. In addition, large structures can be viewed from a different angle. The same IMF, UN, European Court of Human Rights are specialized international organizations, each of which acts within the framework of certain powers.
A little about the legal aspects in carrying out activities
Specialized organizations are distinguished by certain specifics of their work. Comparing a medical and trading company is unacceptable. So, in the first case, the effect is on human health and life. There are risks here that the treatment will be chosen incorrectly and the situation will only worsen, or that it will turn out to be useless at best. And this will affect the health, and possibly human life. It is unacceptable. Whereas a trade organization simply deals with the distribution of the produced material assets. Therefore, it is not surprising that they have to work in various legal conditions. How do they differ?
The rights of a specialized organization affect exactly the area in which you have to act. For example, if someone thinks about slaughtering a man on the street, then, at best, an attempted murder will be presented. But the surgeon is his source of income and respect among those 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 ensure a special legal regime that allows achieving the set goal and fulfilling the formulated tasks. We have to allow actions that are prohibited to the vast majority of citizens. The same law enforcement officers are armed with short-barreled military weapons. And in the country it is forbidden to buy pistols legally. But at the same time, one should not forget about such a moment as authority. It’s one thing when a surgeon cuts a person in the operating room to save his life. But on the street for the purse - this will be a criminal offense, an action that is condemned.