Federal Law 109-FZ, which introduced significant changes to the legislation on public procurement, including the full legitimization of paperless document flow, came into force on October 1. However, according to the participants of the round table "Independent guarantees and documentary letters of credit: ensuring stability in a changing world", which was held as part of the VIII Banking Law Conference "Banks in the era of cardinal changes: aspects of law", this measure has not yet fully worked. According to the participants of the discussion, the reason for this is usually the accounting departments that require paper copies of documents.
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of State Orders of the FAS Russia, such a practice is illegal. At least if we are talking about fully electronic transactions. Another common problem is that a number of companies require guarantees only from a limited number of banks. At the same time, it is impossible to prosecute violators.
Director of the Department of Budget Policy in the Sphere of Contract System of the Ministry of Finance of the Russian Federation Tatyana Demidova was not so categorical. She recalled that a number of organizations are excluded from the general norms due to the requirements for non-disclosure of information about their purchases. So each such case must be considered individually.
As noted by PhD in Law, Associate Professor, Head of the Department of Educational Programs of the Roseltorg Electronic Trading Platform Dzhamilya Sozoeva, this practice is mainly the result of the unpreparedness of personnel, primarily accounting staff. At the same time, according to the accounting legislation, paper and electronic documents are absolutely equal. Also, according to her estimates, in the sphere of business procurement, mistrust of electronic documents is much less widespread than in the public sector.
Managing Director - Senior Banker of Sberbank PJSC Tatyana Satyukova called the measure to transfer bank guarantees to electronic form an important step towards digitalization. She informed that among the new functions of the personal account of the DBO for legal entities, support for electronic guarantees from any third-party banks is included.
According to Olga Gorbacheva, Head of the Department for Control
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