Procurement specialist professional standard approved. Wiki buy:Procurement standards


Who is subject to professional standards?

The professional standards "Specialist in the field of procurement" and "Expert in the field of procurement" have been developed Russian Academy national economy and public service, taking into account the requirements of the legislation of the Russian Federation in the field of professional standards and higher professional education.

From the terms of reference for the competition for the right to develop these professional standards, it is clear that the sample on the basis of which the layouts of professional standards were tested did not include customers under 223-FZ. From this we can conclude that professional standards were developed without taking into account the law on procurement.

Professional standards "Specialist in the field of procurement", "Expert in the field of procurement" were approved by orders of the Ministry of Labor of Russia dated September 10, 2015 No. 625n and 626n.

What is a "Procurement Scope"?

First you need to understand in which area a specialist should work in order to meet the level professional standard.

44-FZ Article 3 paragraph 3

Procurement of goods, work, services to meet state or municipal needs (hereinafter referred to as "purchase") - a set of actions carried out in accordance with the procedure established by this Federal Law by the customer and aimed at meeting state or municipal needs. The purchase begins with the identification of the supplier (contractor, performer) and ends with the fulfillment of obligations by the parties to the contract. If, in accordance with this Federal Law, it is not provided for the placement of a notice on the implementation of the procurement or the sending of an invitation to participate in the selection of the supplier (contractor, performer), the procurement begins with the conclusion of the contract and ends with the fulfillment of obligations by the parties to the contract;

223-FZ Article 1 part 1

The purposes of regulation of this federal law are to ensure the unity of the economic space, create conditions for the timely and complete satisfaction of the needs legal entities specified in part 2 of this article (hereinafter referred to as the customers), in goods, works, services with the necessary indicators of price, quality and reliability, effective use Money, expanding opportunities for the participation of legal and individuals in the procurement of goods, works, services (hereinafter also referred to as procurement) for the needs of customers and stimulation of such participation, development of fair competition, ensuring publicity and transparency of procurement, prevention of corruption and other abuses.

That is, the concept of "purchase" is not clearly defined by Law No. 223-FZ. From the author's point of view, procurement is the satisfaction of the needs of legal entities specified in part 2 of article 1 of Law No. 223-FZ for goods, works, services with the necessary indicators of price, quality and reliability.

What is a "Procurement Specialist"?

From the point of view of 44-FZ, a procurement specialist is one who carries out a set of actions carried out in the manner prescribed by 44-FZ and aimed at meeting state or municipal needs.

From the point of view of 223-FZ, a specialist in the field of procurement - one who ensures the satisfaction of the needs of legal entities specified in paragraph 2 of Article 1 in goods, works, services with the necessary indicators of price, quality and reliability.

That is, these are specialists working in state corporations, state companies, natural monopoly entities, organizations engaged in regulated activities in the field of electricity supply, gas supply, heat supply, water supply, sanitation, cleaning Wastewater, processing, recycling, disposal and disposal of solid municipal waste, state unitary enterprises, municipal unitary enterprises, autonomous institutions, as well as in business companies, in authorized capital which the share of participation of the Russian Federation, the subject of the Russian Federation, municipality in the aggregate exceeds fifty percent;

In subsidiaries, in the authorized capital of which more than fifty percent of the shares in the aggregate belong to the above legal entities; . in subsidiaries, in the authorized capital of which more than fifty percent of the shares in the aggregate belong to the specified subsidiaries;

AT budget institutions if there is a legal act approved in accordance with Part 3 of Article 2 of Law 44-FZ and placed before the beginning of the year in a single information system in the field of procurement of goods, works, services to meet state and municipal needs.

Occupation groups All-Russian classifier of occupations (OKZ) OK 010-2014 (MSKZ-08)

If you look at the structure of any professional standard, developers always distinguish a group of classes in All-Russian classifier classes.

The line "Occupation group" indicates the name of one or more base groups classes in accordance with the OKZ, correlated with the generalized labor functions of the professional standard. In the absence of information, a dash is put in the column.

labor action- the process of interaction between the worker and the subject of labor, in which a certain task is achieved.

professional standard is a qualification necessary for the employee for the implementation of a certain type of professional activity (Article 195.1 of the Labor Code of the Russian Federation).

Employee Qualification- this is the level of knowledge, skills, professional skills and work experience of the employee. (Article 195.1 of the Labor Code of the Russian Federation).

Occupation groups covered by the professional standard "Specialist in the field of procurement"
1111 Heads of federal and regional legislative bodies and their apparatuses, deputies of legislative assemblies 1112 Heads (representatives) of federal and regional executive and judicial authorities and their offices
1113 Bodies' heads local government 1120 Heads of institutions, organizations and enterprises
1213 Leaders in policy setting and activity planning 1219 Managers of financial and economic and administrative activities not included in other groups
1221 Heads of sales, marketing departments 2411 Accountants
2414 Appraisers and experts 2421 Analysts of management systems and organizations
2425 Public authorities specialists 2522 System administrators
2529 Database and networking professionals not elsewhere classified 2611 Lawyers
2631 Economists 3313 Assistant Accountants
3322 Agents for commercial sales 3323 Buyers
3342 Paralegal staff 3359 Middle technical staff public service not included in other groups
4132 Data entry clerks 4311 Accounting and accounting clerks
4312 Employees for the processing of statistical, financial and insurance information and settlements 0110 Active duty officers

3323 Purchasers

Buyers buy goods and services for use or resale on behalf of industrial, commercial, government or other institutions and organizations. Their responsibilities include:

  • determining or negotiating the terms of the contract, expected deliveries or recommended contracts for the purchase of equipment, raw materials, products, services and the purchase of goods for resale;
  • obtaining information about needs and stocks, developing requirements for the quantity and quality of purchased goods, cost, delivery time and other terms of the contract;
  • acquisition of general and specialized equipment, materials or business services for use or for further processing for its intended purpose;
  • participation in tenders (there is no such concept in the legislation of the Russian Federation!), consultations with suppliers and analysis of quotations;
  • purchase of goods for resale in a retail or wholesale trade;
  • studying the state of the market, trade periodicals and materials, visiting trade exhibitions, sales salons, factories and design institutions;
  • selection of goods or products that best meet the requirements;
  • interviewing suppliers and negotiating prices, discounts, credit and transportation conditions;
  • control over the distribution of goods for outlets and maintaining adequate inventory levels;
  • setting delivery schedules, monitoring contracts, and liaising with customers and suppliers to resolve emerging issues.

Thus, some of the positions, even for one considered group of occupations, apply both to customers under 44-FZ, and to specialists working under 223-FZ. Therefore, a procurement specialist in terms of a group of occupations, for example, "Purchasers" are specialists working in these two areas.

Examples of activities assigned to this initial group:

  • Purchasing Agent
  • Purchaser
  • Supply Representative
  • Purchasing manager

Some related occupations assigned to other initial groups:

  • Analyst, market research - 2431
  • Trade Broker - 3324

Attribution to species economic activity Standard "Specialist in the field of procurement" (OKVED 2)

68.1 Purchase and sale of own real estate

68.2 Lease and management of own or leased immovable property

70.2 Management consulting

82.11 Complex administrative and economic activities to ensure the work of the organization

84.1 Activities of authorities government controlled and local self-government on issues of a general and socio-economic nature

84.2 Provision public services society

84.3 Compulsory social security activities

99.00 Activities of extraterritorial organizations and bodies

That is, if you look at the types of economic activity, then the professional standard is more related to 44-FZ.

The only type of activity that may correspond to work within the framework of 223-FZ is:

Complex administrative and economic activities to ensure the work of the organization

This grouping includes:

complex day-to-day administrative services provided on a fee or contract basis, such as reception services, financial planning, registration, billing, staff management and mailing, etc.

This grouping does not include:

  • provision of only one of the services, see the grouping corresponding to this service;
  • recruitment without supervision, see 78

What is the Purchasing Specialist standard?

Levels of the professional standard "Specialist in the field of procurement". The very first level is the fifth, the highest is the eighth.

Description of labor functions included in the professional standard

Generalized labor functions Labor functions

Generalized labor functions Labor functions
the code Name skill level Name the code level (sublevel) of qualification
A Providing procurement for state, municipal and corporate needs 5 Preliminary collection of data on needs, prices for goods, works, services /
Preparation of procurement documentation /
Processing of procurement results and conclusion of a contract
A/01.5/
A/02.5/
A/03.5
5
B Procurement for state, municipal and corporate needs 6 Planning and justification of purchases
/ Implementation of procurement procedures
B/01.6 / B/02.6 6
C Examination of procurement results, acceptance of the contract 7 Verification of compliance with the terms of the contract
Checking the quality of the presented goods, works, services
C/01.7
/ C/02.7
7
D Procurement control 8 Procurement Monitoring D/01.8 8
Qualification levels for the development of draft professional standards (approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated April 12, 2013 No. 148 n)
Levels Authority and responsibility The nature of skills The nature of knowledge Main ways to achieve skill levels
5 Independent activity for solving practical problems that require an independent analysis of the situation and its changes Participation in the management of the solution of tasks within the unit Responsibility for solving the tasks set or the result of the activities of a group of employees or a unit Solution various types practical tasks with design elements Choice of solutions in changing (different) conditions working situation Current and final control, evaluation and correction of activities Application professional knowledge technological or methodical nature Independent search information necessary to solve the delivered professional tasks Educational programs of secondary vocational education - training programs for mid-level specialists, training programs for skilled workers (employees). Basic vocational training programs -programs vocational training by occupations of workers, positions of employees, retraining programs for workers, employees, advanced training programs for workers, employees Additional professional programs Practical experience
6 Independent activity, involving the definition of tasks own work and / or subordinates to achieve the goal Ensuring the interaction of employees and related departments Responsibility for the result of work at the level of a department or organization Development, implementation, control, evaluation and adjustment of areas of professional activity, technological or methodological solutions Application of professional knowledge of a technological or methodological nature, including innovative Independent search, analysis and evaluation of professional information Educational programs of higher education - undergraduate programs Educational programs of secondary vocational education - training programs for mid-level specialists Additional professional programs Practical experience
7 Definition of strategy, management of processes and activities, including innovation, with decision-making at the level large organizations or divisions Responsibility for the performance of large organizations or divisions Solving the problems of developing the field of professional activity and (or) organization using a variety of methods and technologies, including innovative ones Development of new methods and technologies Understanding methodological foundations professional activity Creation of new knowledge of an applied nature in a certain area Identification of sources and search for information necessary for the development of a field of professional activity and / or organization Educational programs of higher education - master's or specialist's programs Additional professional programs Practical experience
8 Definition of strategy, management of processes and activities (including innovation) with decision-making at the level of large organizations Responsibility for the performance of large organizations and (or) industry Solving research and design problems related to improving the efficiency of processes Creation of new knowledge of an interdisciplinary and intersectoral nature Evaluation and selection of information necessary for the development of a field of activity Programs for the preparation of scientific and pedagogical personnel in postgraduate (adjuncture) programs, residency programs, assistantship-internship programs Educational programs of higher education - master's or specialist's programs Additional professional programs Practical experience

What happens on the basis of what the developers have done, taking into account the skill levels approved by the order of the Ministry of Labor No. 148n?

On July 1, 2016, Article 195.3 came into force. TK RF. The procedure for applying professional standards, according to which: If this Code, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for employers to apply.

Qualification characteristics contained in professional standards and the obligatory application of which is not established in accordance with part one of this article are used by employers as the basis for determining the requirements for qualifications of employees, taking into account the characteristics of the labor functions performed by employees, due to the technologies used and the adopted organization of production and labor .

The question arises: Should the qualifications of a procurement worker meet the requirements of the “Procurement Specialist” standard? Namely: should the level of knowledge, skills, professional skills and work experience of an employee necessarily meet the requirements of this standard?

In order to answer this question, it is necessary to understand whether the Labor Code, 44-FZ or 223-FZ, other regulatory legal acts of the Russian Federation establish requirements for the qualification of a specialist in the field of procurement, namely, the level of knowledge, skills, professional skills and work experience worker.

AT Labor Code no such requirement has been established.

44-FZ establishes requirements for the level of knowledge: Article 38 part 6. Employees contract service, the contract manager must have higher education or additional professional education in the field of procurement. Article 112 part 23. Until January 1, 2017, a contract service employee or contract manager may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.

223-FZ does not establish such requirements.

However, the normative legal acts of the Russian Federation also include acts federal bodies executive power(ministries, federal services and agencies), as well as acts of other federal authorities of the Russian Federation (Central Bank of the Russian Federation, CEC of the Russian Federation, General Prosecutor's Office of the Russian Federation, etc.).

Order of the Ministry economic development RF dated October 29, 2013. N 631 “On Approval of the Standard Regulations (Regulations) on the Contract Service” defines the functions and powers of the contract service.

The question arises: are functions and powers the same as skills and professional skills? The question is debatable. There is no single answer. From the point of view of the author, this is practically the same thing.

That is, for contract managers, qualification requirements are established in terms of education, and for employees of contract services, both qualification requirements are established in terms of education, and in terms of skills, professional skills (functions, powers).

For employees of authorized bodies (institutions) who are not part of the contract service and are not appointed by contract managers, nothing is established in 44-FZ.

So, based on the foregoing, let's answer the above question: Should the employee's qualifications meet the requirements of the Procurement Specialist Standard? Namely: should the level of knowledge, skills, professional skills and work experience of an employee necessarily meet the requirements of this standard?

According to 223-FZ - no. And if there are no mandatory requirements, then the requirements of the professional standard "Specialist in the field of procurement" in relation to employees under 223-FZ can be the basis for setting qualification requirements by the employer himself. To include such requirements for labor functions, the powers of employees or not, is determined by the decision of the head.

According to 44-FZ, contract managers must have an appropriate level of additional professional education. Employees of the contract service under 44-FZ must have the appropriate level of additional professional education, as well as the skills and professional skills to perform the functions of an authorized employee of the contract service. Based on this, it is advisable to correlate the skills and professional skills of contract service employees with the order of the Ministry of Economic Development of the Russian Federation No. 631 and supplement job descriptions or duties with appropriate skills and prof. Skills (labor functions).

Correlation Model Provision on contract service and the Professional standard "Specialist in the field of procurement" (levels 5, 6, 7)

Functions and powers of the Contract Service (approved by Order of the Ministry of Economic Development of October 29, 2013 N 631) Professional standard "Specialist in the field of procurement" (approved by Order of the Ministry of Labor of September 10, 2015)
1) when planning purchases:
a) develops a procurement plan, - prepares changes to be made to the procurement plan, - places the procurement plan and the changes made to it in the unified information system; a) Development of a procurement plan and - implementation of the preparation of changes to be introduced into the procurement plan
b) publishes procurement plans on the Customer's websites in the information and telecommunications network "Internet" (if any), and also publishes them in any printed publications in accordance with Part 10 of Article 17 of the Federal Law; Placement in the information and telecommunication network "Internet", - publication in print media of the procurement plan and the changes made to it
c) ensures the preparation of the justification for the procurement when forming the procurement plan; Ensuring the preparation of a procurement rationale when forming a procurement plan
d) develops a schedule, - prepares changes to be included in the schedule, - places the schedule and the changes made to it in a single information system; Development of a schedule and - implementation of the preparation of changes to be made to the schedule - Public placement of the schedule, changes made to it
e) organizes the approval of the procurement plan, schedule; Organization of approval of the procurement plan and schedule
f) determines and justifies the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer) when forming the procurement schedule; Formation of the initial (maximum) purchase price Processing and analysis of information on prices for goods, works, services Determination and justification of the initial (maximum) contract price, including those concluded with a single supplier (contractor, performer)
2) when determining suppliers (contractors, performers):
a) chooses a method for determining the supplier (contractor, performer); Choosing a method for determining the supplier (contractor, performer)
b) specifies, as part of the justification for the purchase, the initial (maximum) price of the contract and its justification in notices of procurement, invitations to participate in the selection of suppliers (contractors, performers) by closed methods, procurement documentation;
c) specifies, as part of the justification for the purchase, the initial (maximum) price of the contract concluded with a single supplier (contractor, performer);
Clarification as part of the justification of the contract price and its justification in notices of procurement, invitations to determine suppliers (contractors, performers)
d) prepares procurement notices, procurement documentation (except for the description of the procurement object), draft contracts, amendments to procurement notices, procurement documentation, invitations to participate in the selection of suppliers (contractors, performers) by closed methods;
  • Preparation and public placement of a notice of procurement, procurement documentation, draft contracts
  • Preparation and sending of invitations to determine suppliers (contractors, performers) different ways
  • Preparation of procurement documentation
  • Formation of requirements for the procurement participant
  • Formation of the procedure for evaluating participants
e) prepares minutes of meetings of procurement commissions on the basis of decisions made by members of the procurement commission; Preparation of minutes of meetings of procurement commissions based on decisions taken by members of the procurement commission
f) organize the preparation of a description of the procurement object in the procurement documentation; Formation of the description of the procurement object
g) provides organizational and technical support for the activities of procurement commissions, including verification of: ... Implementation of organizational and technical support for the activities of procurement commissions
h) ensures the involvement of a specialized organization on the basis of a contract to perform certain functions to determine the supplier; Ensuring the involvement of a specialized organization on the basis of a contract to perform certain functions to determine the supplier
i) ensures that institutions and enterprises of the penitentiary system, organizations of persons with disabilities are given advantages in relation to the price of the contract they offer; Partially: Formation of requirements for the procurement participant
j) ensures the purchase from small businesses, socially oriented non-profit organizations, establishes the requirement to involve subcontractors, co-executors from among small businesses, socially oriented non-profit organizations in the execution of the contract;
o) ensures the safety of envelopes with applications for participation in procurement, security, inviolability and confidentiality of those submitted in the form electronic documents applications for participation in procurements and ensures consideration of the content of applications for participation in procurements only after opening the envelopes with applications for participation in procurements or opening access to applications for participation in procurements submitted in the form of electronic documents; Partially: Implementation of organizational and technical support for the activities of procurement commissions
o) provides an opportunity for all procurement participants who submitted applications for participation in the procurement, or their representatives to be present at the opening of envelopes with applications for participation in the procurement and (or) opening access to applications for participation in the procurement submitted in the form of electronic documents;
p) provides an opportunity to receive real-time information about the opening of access to applications submitted in the form of electronic documents for participation in the procurement;
c) ensure the implementation of an audio recording of the opening of envelopes with applications for participation in procurement and (or) the opening of access to applications for participation in procurement submitted in the form of electronic documents;
r) ensures storage in time, established by law, protocols drawn up in the course of the procurement, procurement bids, procurement documentation, changes made to the procurement documentation, clarifications of the provisions of the procurement documentation and audio recording of opening envelopes with procurement bids and (or) opening access to the submitted in the form of electronic documents to applications for participation in procurement; Processing, formation, storage of data
s) attracts experts, expert organizations;
t) ensures the coordination of the use of closed methods for determining suppliers (contractors, performers) in the manner established by the federal executive body for regulating the contract system in the field of procurement, in accordance with Part 3 of Article 84 of the Federal Law;
x) provides direction required documents to conclude a contract with a single supplier (contractor, executor) based on the results of failed procedures for determining a supplier in the cases established by the Federal Law to the relevant authorities specified in paragraphs 24 and 25 of Part 1 of Article 93 of the Federal Law;
v) substantiates in a documented report the impossibility or inexpediency of using other methods of determining the supplier (contractor, performer), as well as the price of the contract and other essential conditions contract in case of procurement from a single supplier (contractor, performer) for the conclusion of a contract; Preparation of reporting documentation
w) ensure the conclusion of contracts; -Implementation of the verification of the necessary documentation for the conclusion of contracts -Implementation of the procedure for signing a contract with suppliers (contractors, performers)
w) organizes the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about procurement participants who evaded the conclusion of contracts;
3) when executing, changing, terminating the contract:
a) ensures the acceptance of the delivered goods, work performed (its results), services rendered, as well as individual stages of the delivery of goods, performance of work, provision of services;
b) organizes payment for the delivered goods, work performed (its results), services rendered, as well as individual stages of contract execution; Organization of payment for the delivered goods, work performed (its results), services rendered, as well as individual stages of contract execution
c) interacts with the supplier (contractor, performer) when changing, terminating the contract, applies measures of responsibility, including sending the supplier (contractor, performer) a demand for payment of penalties (fines, penalties) in case of delay in the performance by the supplier (contractor, performer) of obligations (including warranty obligation), stipulated by the contract, as well as in other cases of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of the obligations stipulated by the contract, performs other actions in case of violation by the supplier (contractor, performer) of the terms of the contract; Interaction with the supplier (contractor, executor) when changing, terminating the contract Applying liability measures and taking other actions in case of violation by the supplier (contractor, executor) of the terms of the contract, including organizing the inclusion in the register of unscrupulous suppliers
d) organizes the examination of the delivered goods, performed work, rendered services, attracts experts, expert organizations; Involvement of experts, expert organizations in the examination of the delivered goods, work performed or services rendered
e) if necessary, ensures the creation acceptance committee at least five people to accept the delivered goods, work performed or services rendered, the results of a separate stage of contract execution; Organization of the procedure for acceptance of individual stages of the execution of the contract and the creation of an acceptance committee
f) prepares a document on the acceptance of the results of a separate stage of the execution of the contract, as well as the delivered goods, work performed or services rendered; -Preparation of a document on acceptance of the results of a separate stage of contract execution
- Drafting and execution of documents based on the results of verification
g) posts in the EIS a report containing information on the execution of the contract, on compliance with the intermediate and final deadlines for the execution of the contract, on the improper performance of the contract (indicating the violations committed) or on the non-performance of the contract and on the sanctions that have been applied in connection with the violation of the terms of the contract or its non-fulfillment, about changing or terminating the contract in the course of its execution, information about changing the contract or terminating the contract, with the exception of information constituting a state secret; Public posting of reports, information about non-performance of a contract, about sanctions, about changing or terminating a contract, with the exception of information constituting a state secret
h) organizes the inclusion in the register of unscrupulous suppliers (contractors, performers) of information about the supplier (contractor, performer), with whom the contract was terminated by a court decision or in connection with the Customer's unilateral refusal to perform the contract;
i) draws up and places in a single information system a report on the volume of purchases from small businesses, socially oriented non-profit organizations; Compilation and public placement of a report on the volume of purchases from small businesses and socially oriented non-profit organizations
j) organizes the inclusion in the register of contracts concluded by customers, information about contracts concluded by customers.
other powers
1) organizes, if necessary, consultations with suppliers (contractors, performers) and participates in such consultations in order to determine the state of the competitive environment in the relevant markets for goods, works, services, determine the best technologies and other solutions to meet state and municipal needs; Organization at the procurement planning stage of consultations with suppliers (contractors, performers) in order to determine the state of the competitive environment in the relevant markets for goods, works, services
2) organizes a mandatory public discussion of the procurement of goods, work or services, based on the results of which, if necessary, prepares changes to be introduced into the procurement plans, schedules, procurement documentation or ensures the cancellation of the procurement; Organization of public discussion of procurement
3) takes part in the approval of requirements for products purchased by the Customer certain types goods, works, services (including marginal prices goods, works, services) and (or) standard costs for ensuring the functions of the Customer and places them in a single information system; Coordination of requirements for certain types of goods, works, services purchased by the customer (including initial (maximum) prices) and (or) standard costs for ensuring the functions of the customer and their public placement
4) participates in the consideration of cases on appealing against actions (inaction) of the Customer, including appealing against the results of determining suppliers (contractors, performers), and prepares materials for the implementation of claim work;
5) develops draft contracts of the Customer; Formation of a draft contract Organization and control of the development of draft contracts, standard conditions contracts
6) checks bank guarantees received as security for the performance of contracts for compliance with the requirements of the Federal Law; Processing applications, checking bank guarantees, evaluating the results and summing up the results of the procurement procedure
7) if the Customer refuses to accept a bank guarantee, informs the person who provided the bank guarantee about this, indicating the reasons that served as the basis for the refusal;
8) organize the implementation of payment sums of money under a bank guarantee in cases stipulated by the Federal Law; Organization of the payment of monetary amounts under a bank guarantee in the stipulated cases
9) organizes the return of funds deposited as security for the execution of applications or security for the performance of contracts. Organization of the return of funds deposited as security for the execution of orders or security for the execution of contracts

Job differences are minimal.

Summary: What of the Professional Standard is not included in Order 631?

Qualification level: "Ensuring procurement for state, municipal and corporate needs."

Labor function: Preparation of procurement documentation

  • Checking the necessary documentation for the procurement procedure
  • Monitoring of suppliers (contractors, performers) and customers in the field of procurement

Labor function: Processing the results of the purchase and conclusion of the contract

  • Collection and analysis of received applications
  • Processing of applications, (verification of bank guarantees - yes!), evaluation of results and summing up the results of the procurement procedure
  • Public posting of the results
  • Sending invitations for contracts

What of the Professional Standard is not included in Order 631?

Qualification level: "Examination of the results of procurement, acceptance of the contract"

Labor function: Verification of compliance with the terms of the contract

  • Obtaining information on the course of fulfillment of the obligations of the supplier (contractor, performer), including the difficulties that arise in the performance of the contract
  • Checking the accuracy of the information received on the progress of fulfillment of the obligations of the supplier (contractor, performer), including the difficulties that arise in the performance of the contract Labor function: Checking the quality of the goods, works, services provided
  • Carrying out verification of compliance of the results stipulated by the contract with the terms of the contract
  • Verification of compliance of facts and data when providing (presenting) the results stipulated by the contract with the terms of the contract
  • Implementation of the preparation of materials for the consideration of cases on appealing against the actions (inaction) of the customer and for the performance of claim work

The Ministry of Labor has repeatedly brought to the attention of information about the application of professional standards in the field of work.

  • In accordance with paragraph 3 of Article 1 of the Federal Law of May 2, 2015 N 122-FZ “On Amending the Labor Code of the Russian Federation and Articles 11 and 73 of the Federal Law “On Education in the Russian Federation”, the Labor Code of the Russian Federation was supplemented with Article 195.3 “ The procedure for applying professional standards.
  • In accordance with the provisions of Article 195.3 of the Labor Code of the Russian Federation (hereinafter referred to as the Code), the qualification characteristics that are contained in professional standards and the mandatory application of which is not established by the Code, other federal laws, other regulatory legal acts of the Russian Federation, are used by employers as the basis for determining qualification requirements employees, taking into account the peculiarities of the labor functions performed by employees, due to the technologies used and the adopted organization of production and labor.

MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION INFORMATION dated February 10, 2016 ON THE APPLICATION OF PROFESSIONAL STANDARDS IN THE SPHERE OF LABOR

  • Article 4 of the Federal Law establishes the right of the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, to establish the specifics of the application of professional standards in terms of the requirements that are mandatory for the application of state off-budget funds Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state companies and business companies, more than fifty percent of the shares (stakes) in the authorized capital of which are in state or municipal ownership.
  • Article 5 of the named Federal Law establishes the date of entry into force - July 1, 2016.
  • In accordance with paragraph 25 of the Rules for the development, approval and application of professional standards approved by Decree of the Government of the Russian Federation of January 22, 2013 N 23 (as amended on September 23, 2014 N 970), professional standards are applied by employers in the formation of personnel policy and in personnel management, in the organization of training and certification of employees, the development of job descriptions, billing of work, the assignment of tariff categories to employees and the establishment of wage systems, taking into account the peculiarities of the organization of production, labor and management.

MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION INFORMATION dated February 10, 2016 ON THE APPLICATION OF PROFESSIONAL STANDARDS IN THE SPHERE OF LABOR

  • So for personnel services and employers of other organizations, except for the above, in respect of which the specifics of the application of professional standards may be determined, when establishing qualification and professional requirements for applicants and employees, professional standards are guidelines and can be applied in terms of the names of positions, professions and specialties, the definition of labor functions, requirements for education and work experience, taking into account the specifics due to the technology and organization of production and labor at a given employer.
  • Please note that, in accordance with Part 2 of Article 57 of the Code, the names in employment contracts of positions, professions or specialties and qualification requirements to them must comply with the names and requirements specified in qualification guides, or professional standards, if the Labor Code of the Russian Federation, other federal laws provide for the right of employees to provide them with compensation, benefits or any restrictions when working in such positions (by profession, specialty).
  • Thus, in this case, when compiling the staffing table, when filling out work book employee, as well as when changing tariff category in terms of the name of the employee's position, one should be guided by the currently valid Unified Tariff and Qualification Guide for Works and Professions of Workers, the Unified Qualification Guide for the Positions of Managers, Specialists and Employees and Professional Standards.

The question arises: Should the name in the employment contracts of the position and the qualification requirements for it correspond to the names and requirements specified in the qualification directories (there is nothing in the qualification directory for procurement specialists!), Or the professional standard "Procurement Specialist"?

In accordance with Article 57 of the Labor Code of the Russian Federation: the labor function must be indicated in the employment contract (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards.

Here it is necessary to answer another question: Do the Labor Code of the Russian Federation, other federal laws establish the right of employees to provide them with compensation, benefits or any restrictions when working in such positions: contract manager, contract service employee?

There are no compensations, benefits when working as a contract manager, contract service employee. Are there any restrictions?

  • There is no legal definition of the term "restriction". In such cases, the interpretation of the term is applied according to the general meaning of the concept. For example, in explanatory dictionary Ozhegova: “LIMITATION, I, cf. 1. see limit. 2. A rule restricting any. actions, rights. This term is interpreted similarly in judicial practice: if there is some requirement that can limit an action, prevent it from being freely applied, then this is a restriction.
  • The definition in Art. 251 of the Labor Code of the Russian Federation: (Article 251 Features of regulation labor standards, partially limiting the use general rules on the same issues or providing additional rules for certain categories of workers.)
  • There is no complete list of all restrictions. Therefore, simply in meaning: “if it is impossible to hire an employee due to any restriction at the level of federal law, then this should be interpreted as the presence of a restriction” or “if for some category at the level of federal law restrictions are established in the implementation labor rights and obligations, then this is also a limitation.

That is key factors here are two:

  1. These restrictions should be set at the level of federal laws (not government decrees, not acts of the Ministry of Labor, etc.). This significantly narrows the circle, since many restrictions are set at the level of acts of the relevant ministry.
  2. This limitation is related to the particular professional activity. For example, employees of a contract service, a contract manager must have a higher education or additional professional education in the field of procurement.

Those. according to 44-FZ, the requirements for the presence of higher education or additional professional education in the field of procurement - there are restrictions on the basis of which the name of the position (profession) of a contract service employee, contract manager must correspond to the name provided for in the unified qualification directory (there is nothing there!) or professional standard.

What to do?

  • According to the author, if the contract service is created as a separate structural subdivision, then the names of the positions of employees who are part of the contract service must comply with the requirements of the professional standard "Specialist in the field of procurement", plus skills, prof. skills and level of education (in terms of further vocational education) must also meet the requirements of the professional standard. Those. change staffing.
  • If the contract service is created without allocation to a separate structural unit, the requirements for skills are mandatory, prof. skills and level of education (in terms of further vocational education) in accordance with the professional standard. Those. We do not change staffing.
  • If there is a person performing the functions of a contract manager under an employment contract, his position should be called that from 07/01/2016 - a contract manager, plus the level of education (in terms of further education) must also meet the requirements of the professional standard. Those. This position should already be on the staffing table.
  • If a person does not perform the functions of a contract manager under an employment contract, and this is a “social burden”, then the requirements for the level of education (in terms of APE) are mandatory. Those. We do not change staffing.

And if the functions of a contract service specialist are included in the job duties (instructions) of an accountant in accordance with Order 631, should a part-time job be issued? In theory, if an employee is entrusted with a specific type of work - and the employee is familiar with his job description, then this is a labor function. And the labor function is indicated in the employment contract, but this does not mean that the accountant automatically becomes a part-time employee of the contract service.

The Ministry of Education and Science spoke about the application of the professional standard of a procurement specialist:

From July 1, 2016 Art. 195.3 of the Labor Code of the Russian Federation, according to which, if the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for employers to apply. In accordance with Part 6 of Art. 38 of the Federal Law of 05.04.2013 N 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs" contract service workers, a contract manager must have higher education or additional professional education in the field of procurement. In this regard, specialists from the Ministry of Education and Science of Russia drew attention to the existence of such professional standards as "Expert in Procurement" and "Procurement Specialist" and recalled the need for professional retraining or training of staff in the field of procurement. However, we note that, as follows from Art. 195.3 of the Labor Code of the Russian Federation, it establishes the need to apply only those requirements of professional standards that are provided for by other regulations. At the same time, employers were required to comply with the requirements of Law N 44-FZ, including in terms of qualification requirements for specialists in the field of procurement, starting from the day the relevant law came into force, that is, long before July 1, 2016. In this part, the entry into force of Art. 195.3 of the Labor Code of the Russian Federation will not lead to obligations to comply with any new requirements. As a result, if at the moment a specialist in the field of procurement works in the organization, whose qualifications do not meet the requirements of Law N 44-FZ, the employer needs to think not about improving his qualifications, but about the statutory obligation to terminate with such an employee employment contract according to paragraph 11 of the first part of Art. 77 TKRF, since it was concluded in violation of the current legislation.

Information dated April 5, 2016 Information from the Russian Ministry of Labor on the application of professional standards

  1. Why are professional standards developed and adopted?
  2. Professional standards are complex in nature and reveal the knowledge and skills necessary for the employee to perform labor functions. Maintaining up-to-date information on popular and promising professions, modern requirements for employees and taking these requirements into account in the personnel training system should be provided by the state. Raise professional level of employees has a significant impact on labor productivity, reducing the costs of employers for the adaptation of employees in employment, as well as on the competitiveness of employees in the labor market. Regarding issues that arise in practice in connection with the introduction of professional standards, it should be noted that the responsibility and authority to make personnel decisions are the powers of employers, and the professional standard sets the bar. modern requirements and guidelines for building personnel policy.

  3. How often will professional standards be updated/added? The development of professional standards in accordance with the Decree of the Government of the Russian Federation of January 22, 2013 No. 23 "On the Rules for the Development, Approval and Application of Professional Standards" (hereinafter referred to as the Decree of the Government of the Russian Federation of January 22, 2013 No. 23) is carried out taking into account priority areas development of the economy and proposals of the National Council under the President of the Russian Federation for professional qualifications. The need to develop professional standards is also determined taking into account the information in the Directory of those in demand on the labor market, new and promising professions(as amended by the order of the Ministry of Labor of Russia dated February 10, 2016 No. 46). Draft professional standards can be initiated and submitted for consideration to the Russian Ministry of Labor in the prescribed manner various organizations. Changes to professional standards are made, as well as to others. regulations, if there are reasonable proposals or relevant changes in the legislation of the Russian Federation. Changes are made in the same manner as the development and approval in accordance with the Decree of the Government of the Russian Federation dated January 22, 2013 No. 23.
  4. Where can I find the content of professional standards? How to learn about plans for the development (updating) of professional standards, changes to professional standards or the adoption of new professional standards? The Ministry of Labor of Russia maintains the Register of Professional Standards (a list of types of professional activities), which is posted on the websites of the Professional Standards software and hardware complex (http://profstandart.rosmintrud.ru) and the Scientific and Methodological Center for the System of Professional Qualifications of the Federal State Budgetary Institution "Research Institute of Labor and social insurance" of the Ministry of Labor of Russia (http://vet-bc.ru). All information about professional standards, including those being developed and planned for development, is placed on the same resources. In addition, professional standards approved by orders of the Ministry of Labor of Russia are placed in help systems legal information
  5. Will ETKS and EKS be cancelled? In the future, it is planned to replace the ETKS and EKS with professional standards, as well as individual industry requirements for the qualifications of workers, approved by legislative and other regulatory legal acts that are already in place at the present time (for example, in the field of transport, etc.). But such a replacement, according to the Russian Ministry of Labor, will take place over a fairly long period.
  6. If the qualification handbook and professional standard for similar professions (positions) contain different requirements qualification, what documents should the employer use? The employer independently determines which regulatory legal act he uses, with the exception of cases provided for by federal laws and other regulatory legal acts of the Russian Federation.
  7. When is the application of professional standards mandatory? Are employers obliged to apply the qualification requirements for employees contained in professional standards, including when hiring? According to Article 195.3 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation), professional standards are applied "as the basis for determining the requirements for the qualifications of workers." How should it be determined which of the requirements should be taken as a basis? Is there a required minimum? In what cases is it possible to increase, and in what cases, to reduce the requirements? What are the changes from July 1, 2016, if those qualification requirements, in terms of which a professional standard will be mandatory, were previously established by laws and other regulatory legal acts?
  8. The Labor Code of the Russian Federation establishes the mandatory application of the requirements contained in professional standards, including when hiring employees, in the following cases: according to part two of Article 57 of the Labor Code of the Russian Federation, the names of positions, professions, specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books or professional standards, if, in accordance with the Labor Code of the Russian Federation or other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in these positions, professions, specialties; in accordance with article 195.3 of the Labor Code of the Russian Federation, the requirements for the qualification of employees contained in professional standards are mandatory for the employer in cases where they are established by the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation. In other cases, these requirements are advisory in nature.

  9. Does the obligation to apply the requirements of professional standards apply to all employers or only to state and municipal organizations? The obligatory application of the requirements of professional standards is established for the cases provided for in Articles 57 and 195.3 of the Labor Code of the Russian Federation, and does not depend on the form of ownership of the organization or the status of the employer. As for state and municipal organizations, given the importance of introducing professional standards to increase labor productivity, ensure the quality of work (services) performed, these organizations should conduct an analysis professional competencies employees for compliance with professional standards, if necessary, draw up a plan for the training of employees and additional professional education of employees within the budget for the corresponding year.
  10. The professional standards approved by the Russian Ministry of Labor are normative legal acts. According to part one of Article 195.3 of the Labor Code of the Russian Federation, if the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for employers to apply. Does this norm mean that the requirements contained in professional standards are mandatory for application? According to Article 195.3 of the Labor Code of the Russian Federation, professional standards are mandatory for employers to apply in terms of the requirements they contain for the qualifications necessary for an employee to perform a certain labor function provided for by the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation. Thus, only in terms of the requirements established in the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation, the requirements of the professional standard are mandatory. When applying the above provision of Article 195.3 of the Labor Code of the Russian Federation under other regulatory legal acts, we mean resolutions and orders of the Government of the Russian Federation, orders of federal executive bodies that establish special requirements for employees performing certain labor duties of a regulatory legal nature (for example, orders Ministry of Transport of Russia, etc.). In this case, in terms of requirements, these regulatory legal acts shall apply.
  11. Should the requirements of the professional standard be spelled out in the employment contract / job description of the employee in full, or can there be any assumptions?

    The employer determines the content of the employment contract, taking into account Article 57 of the Labor Code of the Russian Federation and the duties of employees. At the same time, the professional standard can be applied as a recommendatory methodological document, in addition to the requirements contained in it, provided for by the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation. The employer applies professional standards to determine the need for workers with a certain level of qualification, the correct selection and placement of personnel, the rational division and organization of labor, the delineation of functions, powers and responsibilities between categories of workers, definitions job duties employees, taking into account the peculiarities of the technologies used, the organization of training (vocational education and professional education) and additional professional education of employees, organization of labor, establishment of wage systems. Regarding issues that arise in practice in connection with the introduction of professional standards, it should be noted that the responsibility and authority to make personnel decisions are the powers of employers.

  12. Can the duties of employees, the requirements for education and experience, change automatically due to the adoption of a professional standard? Can an employment contract with an employee be terminated if his level of education or work experience does not meet those specified in the professional standard? Fire him (if he refuses to take training)?
  13. There is no such basis in the Labor Code of the Russian Federation. The obligations of employees cannot be changed automatically in connection with the adoption of a professional standard. The objective basis for changing the responsibilities associated with the performance of any work (service) is a change in organizational or technological conditions labor (changes in equipment and production technology, structural reorganization of production, other reasons), and even in these cases, according to Article 74 of the Labor Code of the Russian Federation, a change in the labor function of an employee at the initiative of the employer is not allowed. It can be carried out in accordance with articles 72, 72.1 of the Labor Code of the Russian Federation on the basis of an agreement between the employee and the employer on changing the terms of the employment contract determined by the parties. Regarding the compliance of employees with the requirements for education and length of service contained in professional standards, please note that these requirements are mandatory in cases where the performance of the relevant work is associated with benefits, guarantees and restrictions, or if the relevant requirements have already been established by the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation. The entry into force of professional standards is not a basis for the dismissal of employees. The admission of an employee to perform a labor function is the authority of the employer. The employer also has the right to conduct certification of employees. So, when applying qualification handbooks and professional standards, persons who do not have special training or work experience established in the "Qualification Requirements" section, but who have sufficient practical experience and performing qualitatively and in full the duties assigned to them, on the recommendation of attestation commission are appointed to the respective positions in the same way as persons with special training and work experience.

  14. Should employees bring their qualifications in line with the requirements of professional standards? Is the employer responsible for sending the training and expenses?

    According to article 196 of the Labor Code of the Russian Federation, the need for training (vocational education and vocational training) and additional professional education for employees for their own needs is determined by the employer. Training of employees and their additional professional education are carried out by the employer on the terms and in the manner determined by collective agreement agreements, employment contracts.

  15. If the duties performed by the employee are wider than the labor functions and labor actions contained in the professional standard, does he have the right to demand additional payment for combining professions?
  16. The question is not related to the application of professional standards. When combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee's remuneration is made taking into account the provisions of Article 151 of the Labor Code of the Russian Federation.

  17. What sanctions will be applied for non-application or misapplication of professional standards?
  18. The Labor Code of the Russian Federation establishes the mandatory application of the requirements contained in professional standards, including when hiring employees, in the following cases: according to part two of Article 57 of the Labor Code of the Russian Federation, the names of positions, professions, specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books or professional standards, if, in accordance with the Labor Code of the Russian Federation or other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in these positions, professions, specialties; in accordance with article 195.3 of the Labor Code of the Russian Federation, the requirements for the qualification of employees contained in professional standards are mandatory for the employer in cases where they are established by the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation. In other cases, these requirements are advisory in nature. Thus, if the specified mandatory requirements of the law are not met, then the employer may be issued an order to eliminate the identified violations. labor law, and also he can be held administratively liable in accordance with Article 5.27 of the Code of Administrative Offenses. In other cases, the requirements of the inspection bodies regarding the application of professional standards are unlawful.

Code of Administrative Offenses

Article 5.27. Violation of labor legislation and other normative legal acts containing norms labor law

  1. Violation of labor legislation and other regulatory legal acts containing labor law norms, unless otherwise provided by parts 2 and 3 of this article and article 5.27.1 of this Code - entails a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; on persons carrying out entrepreneurial activity without formation of a legal entity - from one thousand to five thousand rubles; for legal entities - from thirty thousand to fifty thousand roubles.
  2. Actual admission to work by a person not authorized by the employer, in the event that the employer or his authorized representative refuses to recognize the relationship that has arisen between the person actually admitted to work and this employer, labor relations (does not conclude with a person actually admitted to work to work, employment contract) - entails the imposition of an administrative fine on citizens in the amount of three thousand to five thousand rubles; on officials - from ten thousand to twenty thousand roubles.
  3. Evasion of execution or improper execution of an employment contract or the conclusion of a civil law contract that actually regulates labor Relations between an employee and an employer - shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand roubles; for persons engaged in entrepreneurial activities without forming a legal entity - from five thousand to ten thousand rubles; for legal entities - from fifty thousand to one hundred thousand roubles.
  4. The commission of an administrative offense provided for by paragraph 1 of this article by a person previously subjected to administrative punishment for a similar administrative offense - shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles or disqualification for a period of one to three years; for persons engaged in entrepreneurial activities without forming a legal entity - from ten thousand to twenty thousand rubles; for legal entities - from fifty thousand to seventy thousand roubles.
  5. The commission of the administrative offenses provided for by part 2 or 3 of this article by a person previously subjected to administrative punishment for a similar administrative offense - shall entail the imposition of an administrative fine on citizens in the amount of five thousand roubles; on officials - disqualification for a period of one to three years; for persons engaged in entrepreneurial activities without forming a legal entity - from thirty thousand to forty thousand rubles; for legal entities - from one hundred thousand to two hundred thousand roubles.

For a long time, the profession of a buyer in Russia was practically not regulated in terms of professional standards. However, from July 1, 2016, organizations must be guided by professional standards for the qualification of buyers. Currently, employees responsible for procurement on the customer side must meet the professional standard stipulated by the legislation in the field of procurement.

The Labor Code defines a "professional standard" as a qualification necessary for an employee to perform a particular professional activity. Professional standards are developed and approved, and also maintain their register on a specialized website http://profstandart.rosmintrud.ru of the Ministry of Labor of the Russian Federation.

So, what professional standards do customers apply in the field of procurement? Now two documents are in force: the professional standard "Specialist in the field of procurement", which was approved by order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n and the professional standard "Expert in the field of procurement", which was approved by order of the Ministry of Labor of Russia dated September 10, 2015 No. 626n.

The professional standards of a procurement specialist have been developed for government customers who conduct purchases in accordance with 223-FZ and 44-FZ. Commercial organizations can apply professional standards in the field of procurement, taking into account the specifics of their activities.

The professional standard for a public procurement specialist provides for four qualification levels - from 5th to 8th. In total, within the framework of the system of professional standards, nine qualification levels have been established, from the lowest, 1st, to the highest, 9th.

The professional standard contains requirements for the level of education and work experience of specialists in the field of procurement. In addition, the standard provides for the possible titles of their positions.

The current professional standard of a procurement specialist 44-FZ is also determined by several articles of the Law on the contract system (LCS).

In Art. 9 44-FZ professionalism is called one of the main principles in the activities of the customer. For its observance, specialists in this field are involved in the work. The customer takes measures to maintain and improve their qualifications. Based on part 6 of Art. 38 contract service employees or a contract manager must have a higher or additional professional education. Professional standards get their application even when creating a purchasing commission. Preference is given to employees with professional retraining, advanced training, special knowledge about the procurement object (part 5 of article 39).

Profstandard "Specialist"

The specialty is divided by authority in accordance with the scale of difficulty.

  • Level 5 - provision (preliminary data collection, preparation of documentation, conclusion of a contract);
  • Level 6 - implementation (drawing up plans and justifications, implementation of procedures);
  • Level 7 - verification (analysis of the results of public procurement, fulfillment of the terms of the contract and product quality);
  • Level 8 - maximum - control (monitoring and audit).

Education and training requirements:

1. Secondary, additional professional. 2. Higher (bachelor's degree), additional professional. 3. Higher (specialist, master's degree), additional professional. 4. Higher (specialist, master's degree), additional professional.

Terms of experience practical work in the field of public procurement:

1. No. 2. At least 3 years. 3. Not less than 4. 4. At least 5, including at least 2 in leadership positions.

Profstandard "Expert"

The tasks of conducting an examination and consulting, evaluating a product include the professional standard of an expert in the field of procurement. Level 6 - consulting (market monitoring, references).

  • Level 6 - consulting (market monitoring, references).
  • Level 7 - expertise (regarding procedures and execution of contracts).
  • Level 8 - work on consulting and expertise (organization management, certification, problem research).

For the sixth level, higher, additional professional education is required, and the experience of practical skills must be at least 3 years.

The seventh level requires higher education (specialist, master's degree) and additional professional, as well as at least 4 years of work.

For the maximum level, it is possible to have the same education as for the secondary one, but the period of professional activity cannot be less than 5 years, including less than 3 years in managerial positions.

The concept of a professional standard appeared in the Labor Code in 2012. This term refers to a description of qualifications in any area of ​​professional activity.

On the basis of the Rules of Standards (approved by the PP dated 01/22/2013 No. 23), the Ministry of Labor developed and put into effect by the relevant orders dated 09/10/2015 two specialties for those working in the field of procurement: No. 625n - professional standard of a specialist in the field of procurement, No. 626n - expert.

Professional standards get their application even during creation. Preference is given to employees with professional retraining, advanced training, special knowledge about the procurement object ().

Profstandard "Specialist"

The current year is a kind of watershed. Back in 2016, it was enough for a contract worker to have an education in the rules for placing orders. The current situation obliges to comply with the professional standard of a procurement specialist since 2019 with the availability of documents on education in the contract field.

This specialty is divided by authority in accordance with the scale of complexity.

The specialist is provided with the following functions:

  • level 5, initial - provision (preliminary data collection, preparation of documentation, conclusion of a contract);
  • 6 - implementation (drawing up plans and justifications, implementation of procedures);
  • 7 - verification (analysis of the results of public procurement, fulfillment of the terms of the contract and product quality);
  • 8 - maximum - control (monitoring and audit).

The requirements for education and training have been drawn up:

  1. Secondary, additional professional.
  2. Higher (bachelor's degree), additional professional.
  3. Higher (specialist, magistracy), additional professional.

The terms of practical work experience in the field of public procurement are determined:

  1. At least 3 years.
  2. At least 4.
  3. At least 5, including at least 2 in leadership positions.

Profstandard "Expert"

The tasks of conducting an examination and consulting, evaluating a product include the professional standard of an expert in the field of procurement. Fixed labor functions represent approximately the same list.

A similar classification system from the minimum level of complexity to the maximum can be traced here, there are only three of them:

  1. Level 6 - consulting (market monitoring, references).
  2. 7 - expertise (in relation to procedures and execution of contracts).
  3. 8 - work on consulting and expertise (organization management, certification, problem research).

For the minimum limit, higher, additional professional education is required, and the experience of practical skills must be at least 3 years.

For the middle level, higher education (specialist, master's degree) and additional professional, as well as at least 4 years of work, are required.

For the maximum level, it is possible to have the same education as for the secondary one, but the period of professional activity cannot be less than 5 years, including less than 3 years in managerial positions.

How to meet the professional standard in the field of procurement, what education you need to have, read the article. Also download professional standards of a procurement specialist and a procurement expert.

From the article you will learn:

Standardization of professional activity is one of the main motives for labor protection in modern Russia. Since public procurement specialists are a fairly new area, professional standards did not reach them right away. But now they have been formed, and these documents must be taken into account in the activities of contract managers.

Industry Procurement Standards

The legislative base on which professional standards in the field of procurement are formed are two main laws: 223-FZ and 44-FZ. On the basis of these legislative acts, the Ministry of Labor issued two relevant professional standards: “Procurement Specialist” and “Procurement Expert”. Orders of the Ministry of Labor of Russia dated September 10, 2015 No. 625n and 626n approve these acts for many organizations as mandatory. The purpose of the professional standards of a procurement specialist under 44-FZ and 223-FZ is the same as for any other professional standards, that is, to systematize and regulate the functionality that these employees are engaged in.

For example, for ordinary commercial organizations procurement professional standards apply in cases provided for by the Labor Code: in terms of the necessary education and work experience for an employee (part 1 of article 195.3 of the Labor Code) and when it comes to paying compensation and benefits for a specific profession, specialty (part 2 of article 57 of the Labor Code of the Russian Federation ). In other cases, professional standards can be considered as recommendatory documents.

The meaning of the professional standard of an expert in the field of procurement

The professional standard of a procurement specialist for 2018 regulates not so much, for example, the requirements for the education of an employee, as it describes the skills necessary for this profession. For example, a contract manager must not only know and be able to regulate the various stages of the public procurement process, but also be able to use the ETP and EDS.

Other requirements that professional standard 08.026 "specialist in the field of procurement" imposes are the need to familiarize the employee responsible for procurement with the current (which is especially important) legislation of the country as a whole, as well as industry regulations.

Question from practice

Do we need to have internal document to confirm that contract service employees ?

If the training program for advanced training courses met the professional standard, we recommend that you draw up an act to verify such compliance. After all, the professional standard was created just as a tool that allows you to measure the knowledge of employees and correlate them with the functionality that they perform.

Education in the professional standard of a specialist in public procurement

The professional standard of a public procurement expert indicates several positions of different levels of competence and areas of functionality. Each of these positions requires unique set knowledge and skills. This is confirmed by education documents, attestation certificates and work experience.

As for additional education for a contract manager, the situation according to the professional standard is as follows. Level 5 personnel are required to unlearn under two programs: advanced training and professional retraining. The rest, from 6th to 8th, study one at a time.

Advanced training according to the professional standard in the field of procurement is carried out in the amount of 108 hours (according to No. 5594-EE/D28i/AK-553/06). The retraining course is even longer, at a minimum it will be 250 hours. For example, a contract manager in the field of public procurement according to the professional standard corresponds to level 7. To work, he must have at least 4 years of experience in the field of procurement, as well as a special higher education (that is, not a bachelor's degree, but a master's degree) and additional professional education.

Skill levels and possible positions

The professional standard includes 4 generalized labor functions, which are ranked and divided into qualification levels of a procurement specialist:

  • ensuring purchases for state, municipal and corporate needs;
  • procurement for state, municipal and corporate needs;
  • examination of the results of procurement, acceptance of the contract;
  • procurement control.

Mandatory and additional characteristics correspond to each skill level of an employee. The table below shows the relationship between the name of the generalized labor function and its basic requirements.

For each function, the professional standard establishes positions for which it is possible to appoint a procurement specialist, as well as requirements for the education and work experience of employees.

Basic qualification requirements Name of the generalized labor function
Providing procurement for state, municipal and corporate needs Procurement for state, municipal and corporate needs Examination of procurement results, acceptance of the contract Procurement control
Possible names of positions, professions
  • Procurement Specialist
  • contract service worker
  • Contract Manager
  • Senior Purchasing Specialist
  • Purchasing Consultant
  • contract service worker
  • Contract Manager
  • Leading Specialist
  • contract service worker
  • Deputy head of department
  • Department head
  • Head of contract service
  • Contract Manager
  • Advisor
  • Deputy Head
  • Supervisor
Education and training requirements
  • Secondary vocational education
  • Additional professional education - advanced training programs and professional retraining programs in the field of procurement
  • Higher education - bachelor's degree
  • Additional professional education - advanced training programs / or professional retraining programs in the field of procurement
  • Higher education - specialty, magistracy
  • Additional professional education - advanced training programs / or professional retraining programs in the field of procurement
Practical work experience requirements Not installed At least three years in procurement At least four years in procurement At least five years in procurement, including at least two years in management positions

Answers to questions from practice

Question: What types of activities are covered by "Profstandart in the field of public procurement"?

Answer: The professional standard applies to activities for the implementation, control and management of procurement to meet state, municipal and corporate needs (code 08.026).

Question: Do you agree that PS in procurement are not subject to Part 1 of Art. 195.3 and are used by employers as the basis for determining employee qualification requirements?

Answer: Characteristics of qualifications, which are contained in professional standards and the mandatory application of which is not established in accordance with the first part of Article 195.3 of the Civil Code, are used by employers as the basis for determining the requirements for the qualifications of employees.

However, in accordance with part 1 of Article 195.3. Civil Code "if this Code, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for employers to apply.". Qualification requirements for a contract service employee are established by Federal Law No. 44-FZ of April 5, 2013 (Part 6 of Article 38, Part 5 of Article 39, Part 23 of Article 112).

Q: How do you determine how many procurement professionals need to be recruited for successful procurement by an institution?

Answer: The number of specialists required for successful procurement depends on the number of procurement procedures carried out by the institution, their complexity, the peculiarities of regional regulation in the field of procurement, the qualifications of employees received, and many other individual factors and is determined subjectively for each individual customer.

Question: It's great that there are different employees, but we don't have a deputy and there are only 5 people in the organization. What to do?

Answer: In accordance with Part 2 of Art. 38 44-FZ in the event that the total annual volume of purchases of the customer does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints an official responsible for the implementation of the purchase or several purchases, including the execution of each contract (contract manager).

Question: "Preliminary collection of data on needs." I understand correctly that this is a collection of information from narrow specialists of the institution?

Answer: The professional standard does not specify the concept of preliminary collection of data on needs, so the collection of information from narrow specialists and procurement initiators also falls under this function.

Question: And if one person is engaged in purchases? What job description should be?

Answer: If this is the only contract manager, then the job description should include all the functionality provided for by Part 4 of Article 38 of the 44-FZ. When compiling a job description, it is necessary to take into account the labor functions included in all generalized labor functions of the professional standard (from support to control).

Question: Is the organization obliged to introduce the position of a procurement specialist into the staff list and from what date? Or is it enough to entrust one of the employees with the duties of a contract manager?

Answer: At the moment it is enough to assign duties to the contract manager.

Question: MUP is switching to work under 223-FZ. In this regard, is it necessary to apply the professional standard in the future when accepting a new person for the position of a specialist in the field of procurement, as I understand it, is it mandatory for 44-FZ?

Answer: 223-FZ does not contain mandatory requirements for the qualifications of an employee, so the use of a professional standard in this case is not necessary.

Question: Is there a need to re-train if more than three years, or is the ID still valid?

Answer: In accordance with part 2.8 of the Guidelines for the implementation of additional professional programs advanced training in the field of procurement, sent by letter of the Ministry of Economic Development Russian Federation N 5594-EE/D28 and training in the field of procurement is recommended to be carried out as needed, but at least every three years for all categories of students. Thus, this requirement is recommended, the law does not provide for such an obligation.

Question: Please clarify: Chief Accountant cannot be a contract manager?

Answer: The law does not contain restrictions preventing the appointment of a chief accountant as a contract manager.

Question: Should job descriptions include professional standard functions or specific actions?

Answer: If the functions described in the professional standard are not enough to reflect all the duties and labor actions of a specialist, it is possible to include other necessary labor actions in the job description.

Question: If a specialist does not correspond to the position held, then who is fined?

Answer: It depends on the reasons for the fine and the duties of the employee in accordance with the job description. Inconsistency with the position held does not exempt from administrative responsibility for the offenses committed.

Question: What is the responsibility of the customer for compliance with or violation of the use of the professional standard?

Answer: Not at the moment judicial practice on the issue of violations in the field of labor legislation in terms of non-application of the professional standard of a procurement specialist. However, article 5.27 of the Code of Administrative Offenses of the Russian Federation establishes punishment for violation of labor legislation and other regulatory legal acts containing labor law norms, namely, a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; for legal entities - from thirty thousand to fifty thousand roubles.

Question: Can you suggest a training program for a software engineer accompanying procurement sites, what training course should he take?

Answer: it is not entirely clear what such a software engineer will need to be trained. You may find the course you are interested in high school Public procurement.

You will find more answers to questions about procurement in the new issue of the State Order in Questions and Answers magazine.

Attached files

  • Profstandard Procurement Expert.pdf
  • Profstandard Procurement Specialist.pdf

The activity of procurement specialists has recently begun to stand out in a separate cluster, there are many claims against it. Find out what professional standards are applied in the field of procurement, download the defining documents

Read our article:

What professional standards are applied in the field of procurement

The laws defining this sector served as the legal basis for designing the standards of procurement experts: N 223-FZ of 07/18/2011 and No 44-FZ of 04/05/2013.

The Ministry of Labor designed and issued two professional standards, both of which were approved as mandatory for many organizations by orders of September 10, 2015 and are aimed at systematizing and regulating the activities of specialists and experts in the field of procurement.

The introduction of standards is aimed at improving the work of staff in general and standardizing the approach to personnel policy. The activity of procurement specialists has recently begun to stand out in a separate cluster, there are many claims against it. These workers have a great responsibility, it is logical that personnel policy in relation to "purchasers" must be understandable, normalized and suggesting further development.

When did the professional standard in the field of procurement come into force

The innovations that practically "turned" the attitude to the topic of procurement were caused by the adoption of the Federal Law 44-FZ of 04/05/2013 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (with amendments and additions that have entered into force from 11.01.2018). From July 1, 2016, many enterprises are required to act in accordance with the requirements of this Law.

At the moment, standards are the basis for the work of "purchasing" specialists in public sector organizations. But the standards also apply to ordinary commercial firms in those situations where this is expressly stated in the Labor Code: in terms of the necessary education and work experience for an employee (part 1 of article 195.3 of the Labor Code) and when it comes to paying compensation and benefits for a specific profession, specialty (part 2 of article 57 of the Labor Code of the Russian Federation). In other words, if the position implies specific requirements and payments related specifically to professional activities, these standards must be followed.

"HR" must understand that if the situation at your enterprise does not require mandatory application professional standards, then they can be regarded as advisory, and not mandatory. However, we recommend that you follow the guidelines of the standards when it comes to hiring, testing knowledge, and distributing responsibilities among staff. You may need to make some changes to the local regulations of the organization.

Therefore, each personnel specialist must have an idea of ​​professional standards and, if necessary, operate with them in his work.

Professional standard requirements for a procurement specialist

It is very important to understand that professional standards provide information not only about what kind of education a person applying for a particular position should have, but also dictate what skills he should have.

So, you need to be able to use office equipment and Personal Computer, as well as a variety of programs that come standard with a PC, to know how to use communication tools correctly.

This is complemented by a large list of requirements for the competence of personnel related to knowledge of the current legislation of our country and the economy: industry regulations (in the field of procurement and in the core area - for example, medicine, construction, trade), basic accounting ...

Each position indicated in professional standards has its own individual set of knowledge and skills, and they, in turn, are confirmed by education documents, certification results and experience. Separately, let's talk about additional education.

Level 5 personnel should be trained in two programs: advanced training and professional retraining. The rest, from 6th to 8th, study one at a time. Note: these are not short-term one-day courses, but long-term serious meaningful programs that differ in outcome: advanced training is aimed at improving, optimizing existing knowledge, and retraining is about obtaining new ones. The time also differs: the increase is made in the amount of 108 hours (letter of the Ministry of Economic Development and the Ministry of Education and Science No. 5594-EE / D28i / AK-553/06). An exception is possible: if we are talking about training a manager, he will have a 40-hour training. The retraining course is even longer; in the minimum version, it will be 250 hours.

As an example, consider the position of a contract manager in the field of public procurement (level 7 according to the standards). He must have at least 4 years of experience in the field of procurement, special higher education (that is, not a bachelor's degree, but a master's degree) and additional professional education.

General operating functions labor actions performed within the framework official duties Employee job title options Put forward requirements
Purchasing for government, municipal unitary enterprises, and corporate needs
  1. Preliminary collection of information about demand, cost of services and products.
  2. Paperwork for purchases.
  3. Studying the results of the transaction and signing the contract.
  • Procurement Specialist
  • contract service worker
  • Contract Manager
The presence of education not lower than secondary professional
  1. Development of plans and justification of public procurement.
  2. Carrying out the necessary procedures for the purchase of goods and services.
  • Senior Purchasing Specialist
  • Purchasing Consultant
  • contract service worker
  • Contract Manager
The presence of education not lower than higher-bachelor

Passing additional courses vocational education in the field of procurement

An experience labor activity– from 3 years in the industry

Examination of the results of purchases, approval of contracts
  1. Control over the fulfillment of contract requirements.
  2. Assessment of the conformity of the received products and services with the requirements put forward.
  • Leading Specialist
  • contract service worker
  • Deputy Head of Department
  • Department head
  • Head of contract service
  • Contract Manager

Passing additional courses vocational education in the field of procurement

Work experience - from 4 years in the industry

Procurement Supervision
  1. Implementation of monitoring.
  2. Audit and control
  • Advisor
  • Deputy Head
  • Supervisor
Education not lower than higher - specialist (magistrate)

Passing additional courses vocational education in the field of procurement

Work experience - from 5 years in the industry, as well as managerial work experience - from 2 years.

What labor functions can be performed by procurement specialists

Labor functions (respectively, positions in the organization) will be determined precisely by the qualifications of the employee. According to the professional standard, employees must be assigned certain levels, from 5 to 8 (the higher the level, the more qualified and experienced the employee). For each of the levels there are requirements for education and work experience, increasing from number to number.

So, 5th level- these are personnel employed in the municipal sphere: a procurement specialist, employees of the contact department, a contact manager. Since this is the lowest level of all “purchasing”, it is logical that minimum requirements apply to it - such as, for example, work experience is not required. Its tasks include collecting information about existing needs, current price lists, preparing and final processing of documentation.

6th level above, it refers to procurement for public needs. These are the positions of a senior specialist or a procurement consultant, an employee of the contact department, as well as a contact manager. They are busy planning and preparing the justification for specific purchases and directly implement the procurement procedure itself.

7th level- these are already the positions of a leading specialist, personnel of the contact department, deputy manager, head of the organization, that is, activities that involve the execution of an examination and the acceptance of contracts (agreements). They control that the terms of the contract are observed, including in terms of the quality of the purchased goods and services.