The state armament program (GPV) up to 2020 will cost the Russian budget enormous 20 trillions of rubles. What are the guarantees of its success? After all, this is not the first attempt to modernize the Armed Forces and the DIC in the post-Soviet stories Russia, however, all the predecessors of this program failed at the implementation stage. Among the problems that led to their breakdown is embezzlement and bureaucratic red tape.
Among those who are called upon to stop the corruption and arbitrariness of the bureaucracy is the Federal Service for Defense Order (Rosoboronzakaz), which this year has turned 10 years. One of the most important tasks of the department is control and supervisory activities. Since May 2012, the service has been withdrawn from the structure of the Ministry of Defense and is directly subordinate to the government of the Russian Federation. In October, she was headed by a new director, Alexander Potapov.
Control and supervision
In June, 2012 of the Year issued a new Regulation on Rosoboronzakaz, which expanded its powers, although given the rapid development of the situation in this area, it already requires some refinement both in the context of the new law No. 275-FZ “On State Defense Order” (GOZ) and on the eve of new regulations on the federal contractual system (FCC). It is control over the placement of the state defense order - in the sphere of the main interests of the service.
As a matter of fact, the Federal Service for Defense Order was created for the implementation of control and supervisory activities. She maintains monthly and weekly reports online. Soon, when the electronic system for analyzing and monitoring the contractual documents GAS-GOZ (the state automated system “State Defense Order”) starts working, this work will receive a new impetus.
The service conducts scheduled and unscheduled inspections. And if the first ones are reduced, then the number of the second ones, which are already now in 2,5 times more, is constantly growing. In 2013, the number of scheduled inspections was reduced by 25 percent. According to the results of inspections, orders are issued to enterprises and departments with an indication of violations committed during the conclusion of the GOZ or relevant materials are transferred to law enforcement agencies.
The main task of inspections is to ensure the effective use of public money. In the case of the opening of systemic problems that need to be resolved at the legislative level, the service has the right to take a legislative initiative and influence the adoption of a legal or subordinate regulatory legal act that would allow to form a normal legal field.
However, despite the measures taken, the number of offenses in this area is still large.
Clones rule the ball
Recently, a very negative trend of illegal obtaining of licenses has been manifested. In order to circumvent the law and get benefits, some heads of defense enterprises create new legal entities affiliated with them through a group of certain legal entities and individuals. After that, such clones receive the right to independently enter the market with a legitimate license, and for the same type of activity that is directly involved in the enterprise of such a manager. Clones enter contests, participate in auctions and can even win. As a result, a large defense enterprise that is obliged to fulfill the state defense order and other commitments made to the state, suddenly remains without an order. And firms-clones (legal entities) are beginning to actively develop and master the budget.
According to the head of the Rosoboronzakaz, this is a hidden form of privatization, and moreover private. And if such actions are not stopped, then the state can, instead of effective legal entities represented by large enterprises and design bureaus, get phantoms that are only on paper, which do not even have their own capacities. That is, ordinary intermediaries who have in the first place profit.
Another problem is related to making decisions and approvals for closed competitions. Year by year they are becoming more and more. This is partly due to the imperfection of the law number 94-FZ "On placing orders for the supply of goods, performance of works, provision of services for state and municipal needs." Although now we can talk about the new document number 44-FZ "On the contract system in the field of procurement of goods, works, services for state and municipal needs" and changes introduced in the FCC. It is hoped that since January 1 of 2014, all this will yield positive results with respect to Law No. 94-FZ, on which much work remains to be done.
The increase in the number of closed tenders is also associated with the desire of other managers not only to invite the company, which is the real contractor, but also to intentionally narrow the number of bidders. That is, it is about unfair competition. When this is opened, Rosoboronzakaz does everything to minimize such tenders. According to various estimates, the closed market today is estimated at 30 – 35 percent of its total volume and only 65 percent falls to open bidding. It is hoped that with the introduction of the FCC, the number of trades available to all potential STO contractor will increase. For this, the range of forms for conducting tenders and auctions is now expanding.
Registries against unscrupulous
Another negative trend in the field of defense procurement is that customers for closed tenders represent nominations of legal entities that have not fulfilled GOZ-2012. We are talking about those enterprises that have not yet entered the register of unscrupulous suppliers, but have clearly disrupted the state defense order. For some reason, customers prolong their contractual relations with them, include them in the number of participants in regular contests in a similar nomenclature. Among them are co-contractors who caused damage in terms of the supply of components.
The explanation for this can be only one thing - self-interest, nepotism and other intent. If a similar situation is opened, Rosoboronzakaz is forced to intervene and exclude the negligent state defense order from the list of bidders. But it is possible to deal mainly with the head performers, but to reach the second-third lines participating in the cooperation so far, according to service representatives, it is simply physically impossible. But in any case, the department takes control of each such competition and accompanies it.
Quite a lot appeared and the so-called sole executors of the state defense order. Among them are Oboronservis, Aviaremont and other unique joint-stock companies. They are in the registry, which changes once a year, but this is absolutely irrational. Why? Because there is a nomenclature of samples of weapons and military equipment (IWT), for example, related to space, aviation and shipbuilding. Here you will not create a new production in a year. Therefore, it makes no sense to annually engage in bureaucratic work, to connect a lot of services and people to it, and even prove that, say, Uralvagonzavod is the only manufacturer tanks T-90 A proposal has now been prepared at Rosoboronzakaz: to divide the nomenclature of arms and military equipment into simple and complex. Manufacturers of unique high-tech products will also be included in the register of sole performers.
A special conversation about unscrupulous performers included in the "black list" for a period of two years. Such enterprises are prohibited to participate in any tenders and auctions for the state defense order during this time. But here are loopholes. According to the existing rule, if the winner of the tender refused to fulfill the contract without good reason, then the customer must notify Rosoboronzakaz, which makes it to the register of unscrupulous performers, in 10-day time. But it happens with a huge delay.
An analysis of such refusals (applications for non-compliance) shows that they can come in a few months. One of the records is equal to 265 days. Almost a year later, Rosoboronzakaz received a message that such an enterprise could be considered unfair. The service includes it in the appropriate registry. But over the past time, such a “conscientious performer” could take part in other competitions and win, ingratiate himself with the customers on the state defense order. The service has a particularly critical attitude towards such facts. The corresponding leaders are punished for this with the ruble, administrative cases are brought.
There can be no doubt that unscrupulous executors will be finished. And Deputy Prime Minister Dmitry Rogozin stressed this in Kovrov at the beginning of June: “It turns out that from year to year the same enterprise breaks down the GOZ, and the next year, as if nothing had happened, it comes back to the auction and declares the initially unfeasible conditions to trick the state. Such an enterprise together with accomplices should be punished. Within three years, it should be denied the right to participate in competitions. As far as this is a tough approach, so is it fair. Together with the carrot in such cases the whip should be eaten. In addition, articles of the Administrative Code should be tightened to such enterprises. The CEO will be personally responsible for disrupting the GOZ. To tolerate such collective irresponsibility is no longer possible. ”
The head of the service, Alexander Potapov, says that a new so-called business has recently appeared. The winner of the competition must confirm the warranty obligations of the execution of a contract. As a rule, this is due to bank guarantees. However, today a certain clan of businessmen (brokers) has emerged who earn on issuing fake bank guarantees. Formally, they do not find fault with it: everything seems to be correct, you will not undermine. There are signatures, seals, addresses. But when the Federal Service for Defense Order begins to check such guarantees, to make inquiries, often the bank does not confirm the fact of its issuance. Repeatedly the Rosoboronzakaz received the following reports: “Such a guarantee was not issued.” The money to this moment has already been paid to the broker, because formally de jure he fulfilled his obligations. But de facto such a document is fraudulent. It turns out that such a situation is permissible, and almost legally. And dishonest dealers have been using it for several years.
Only within the framework of the law No. 44-FZ, which will come into force on January 1 2014, will this conflict end. Special banks will be selected, which will issue guarantees only after the fulfillment of contractual obligations, and all this information will be displayed in the GAS-GOZ system. But so far, unfortunately, these loopholes exist and continue to feed someone properly.
On a fat piece of cake in the form of HPV-2020 money, not only large vultures, but also smaller trifles, flock together. Inventive heads are born different schemes. For example, there was a category of professional complainers, who also have this jackpot. Thanks to the complaint, you can move aside a bona fide executor, supplier and try to establish your own rules of the game on the market. There were many claims to the exaggerated requirements of the competition commissions. According to the rules, the service must register such a complaint (usually against a particular customer), consider it and take a procedural decision in due time either to cancel the auction, or to suspend it, or return to the initial state.
According to the head of Rosoboronzakaz, in 2012, the number of such requests grew like mushrooms after a good rain. But today, thanks to substantive work and objective consideration of them, it has become significantly less.
In general, this is raiding pure water. But if the complaints are objective, for example, on the incorrect establishment of price coefficients, then the service in full is included in the work and helps the applicants. Most of all such appeals are about orders for the logistics of the Ministry of Internal Affairs and the Ministry of Defense. About buying cans of stew or shirts, you can write a whole novel. The service tried to do everything so that such raiding did not have a serious impact on the placement of the state defense order. Agreed with law enforcement agencies to provide the necessary information. After all, behind any "offended structures" there are specific individuals who can re-register their firms several times a year in order to evade responsibility. An administrative regulation is being prepared that will put such agile personalities within the rigid framework of the law.
Last year, about 700 administrative cases were initiated, primarily in relation to individuals. Thus, 30 administrative cases were sent to one business woman (based on the results of service inspections) for ignoring the elementary rules of work on the state defense order, each cost 30 thousand rubles. Total fines on it were issued about 900 thousand rubles. For the official, this is a significant sanction. Such an impact mechanism is enshrined in Law No. 275-ФЗ. Also, additional proposals are now being made to amend the Code on Administrative Offenses in terms of tougher penalties for administrative offenses. And above all for the disruption of the placement of GOZ.
But not all departments are principled. The Defense Ministry, for example, does not impose fines, which it is obliged to impose for failure to fulfill contractual obligations. This is a serious problem, and here the size of the uncollected fines is such that the figures, according to Rosoboronzakaz, are inconvenient to even voice. What is the matter here?
There is a system of double standards. For example, the enterprise under the jurisdiction of the Ministry of Defense of the Russian Federation that participated in the competition is the only performer. Take, for example, the subsidiaries of Aviaremont, which is part of Oboronservis. An order is placed for a certain amount and, suppose, is not executed on time. What is going to happen? Presentation of penalties. And to whom to present them? A society dependent on the Russian Defense Ministry? But then the penalties indirectly fall on the expenditure side of the budget of the Ministry of Defense. It turns out, you have to penalize yourself.
It also happens that the work is advanced (up to 80 percent), after which the company goes bankrupt. There are many such examples. And the customer does not even try to claim at least the property of the contractor or his other assets. Rosoboronzakaz reveals these points, but since it is not a law enforcement agency, it cannot take tough measures, but only informs the Ministry of Internal Affairs, sending the relevant inspection materials. The new CAO lays down articles that exclude the possibility of double standards. Then it will be possible to ask specific people for such acts.
There are also cases of failures of the sole executor from the performance of the state defense order, although this inevitably follows administrative responsibility. In such situations, customers become simply hostages of the industry. But amendments to the new law, which will limit such arbitrariness, have already been made. This year it will appear.
As for pricing, the problem still remains. It is necessary to issue clear rules for determining the value of defense products. Alas, about a year ago a government decree was issued, which stated that 20 percent of the rate of profitability is laid at the cost of the parent company and one percent - co-executives. What happened after him?
According to experts, we return to the feudal system, because every normal enterprise has on average 20 percent of its own work and 80 attracted. As a result, for these 20 percent it gets profitability in 20 percent, and for all the rest - one. Although in fact it happens that almost all profitability is given just by co-contractors, compilers.
But the prices for metal, fuel and other change constantly. This raises the price of weapons and military equipment. As a result, in order to maintain profit, the parent company refuses to work with the cooperation and is trying to do, say, the same nuts. We lose jobs and cooperation itself. Therefore, the industry together with the customer, the Federal Tariff Service, Rosoboronzakaz, the Ministry of Economic Development and Trade should form a price approach. Recall the purchase of "Mistral". It was the sole decision of Serdyukov. The same Rosoboronzakaz nobody asked. But in addition to the price, it is necessary to take into account the requirements that apply to these vessels. And in particular, the need to operate them in cold waters. Therefore, the question remains: price - quality - efficiency.
The fact that the listed problems are voiced by those responsible for the performance of the state defense order is encouraging. It means that there is a possibility that they will be overcome soon.