List of innovative and high-tech products 223 fz. Approval of criteria for classifying goods, works and services as innovative products and (or) high-tech products by industries related to the established field of activity of the Ministry of Industry and Trade
Good afternoon!
MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION
ON APPROVAL OF CRITERIA
GOALS
In accordance with paragraph 4 of Article 4 federal law from
July 18, 2011 No. 223-FZ "On the procurement of goods, works, services by individual
types legal entities» (Collection of Legislation Russian Federation,
2011, No. 30 (part I), art. 4571, No. 50, art. 7343; 2012, No. 53 (part I), art. 7649; 2013,
No. 23, art. 2873, No. 27, art. 3452, No. 51, art. 6699, No. 52 (Part I), Art. 6961; 2014, no.
11, art. 1091; 2015, No. 1 (part I), art. 11, no. 27, art. 3947, 3950, 4001, No. 29 (part.
I), art. 4375)
1. Approve the attached Criteria for classifying goods, works,
services to innovative products
formation of a plan for the purchase of such products.
2. To impose control over the execution of this order on
Deputy Minister A.S. Tsydenova.
M.Yu.SOKOLOV
Approved
by order of the Ministry of Transport
Russia
CRITERIA
CLASSIFICATION OF GOODS, WORKS, SERVICES TO INNOVATIVE
PRODUCTS AND/OR HIGH-TECH PRODUCTS FOR
GOALS
FORMING A PURCHASE PLAN FOR SUCH PRODUCTS
1. Innovative products include goods, works,
services that meet the following criteria:
1.1. Compliance with priority areas of science development,
technologies and equipment of the Russian Federation.
This criterion is characterized by the correspondence of the purpose
goods, work, services to priority areas of development of science, technology and
equipment in the Russian Federation and the list of critical technologies of the Russian
Federation, approved by Decree of the President of the Russian Federation of July 7, 2011
No. 899 (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2011, No. 28, art.
4168).
1.2. Scientific and technical novelty.
1.2.1. This criterion for
goods are characterized by the following features:
characteristics of goods by functional purpose,
design, composition of materials and components used,
areas of use are fundamentally new or significantly different
from the characteristics of a previously produced similar product;
in the production of goods are used for the first time introduced
results of research, development and technological
works;
consumer properties of the goods are improved by
compared with existing analogues, or in the absence of direct analogues, there are qualitatively
new consumer (functional) characteristics, including increasing
competitiveness of the goods, or revealed new way product use,
allowing to expand the scope of use of such goods;
product, the release of which is based only on the use of a new
or modernized technological equipment, technological processes
or technologies, including first-time implemented results
research, development and technological works, previously
not used in the manufacture of this product, or new materials,
allowing to significantly improve the technical, economic, competitive,
ergonomic, consumer and other indicators of the manufactured goods.
1.2.2. This criterion in relation to works, services is characterized
the following signs:
performance of work, provision of services are associated with changes in
manufacturing process using a new or upgraded
production equipment and/or software, new
technologies;
works, services are fundamentally new, previously not
carried out, did not turn out;
works, services are performed, rendered in the area, in
which earlier similar works, services were not used.
1.3. Introduction of goods, works, services.
This criterion is characterized by the following features:
product, work, service are applied in nature, have
practical use;
goods, work, service are implemented in one or more
industries.
1.4. The economic effect of the sale of goods, works, services.
This criterion is characterized by a planned positive
the economic effect of the sale of goods, works, services.
1.5. Science intensity of goods, works, services.
This criterion is characterized by the use of
production of goods, performance of work, provision of highly qualified services
intellectual labor, results of intellectual activity subject to
legal protection, and (or) new scientific and technical, constructive and (and)
technological solutions.
2. K high-tech products includes goods, works,
services that meet the totality of the following criteria:
2.1. Goods, work, services are produced, performed,
turn out to be enterprises of science-intensive sectors of the economy.
2.2. Goods, work, services are produced, performed,
are provided using the latest technological equipment,
technological processes and technologies.
2.3. Goods, work, services are produced, performed,
turn out with the participation of highly qualified, specially trained
personnel.
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Anna, good afternoon! Orders of the Ministries 8, all adopted with reference to Part 4 of Art. 4 of the Federal Law of July 18, 2011 N 223-FZ
"On the procurement of goods, works, services certain types legal entities"
Art. four
4. Criteria and (or) high-tech products for the purposes of forming a plan for the purchase of such products are established federal authorities executive power, performing the functions of legal regulation in the established field of activity, as well as State Corporation for Atomic Energy "Rosatom", taking into account the priority areas for the development of science, technology and engineering in the Russian Federation approved by the President of the Russian Federation and the list of critical technologies of the Russian Federation.
In the Regulation, indicate that the purchased products are innovative if they meet the criteria established by the relevant legal acts of the authorized executive bodies of the Russian Federation, adopted in acc. with part 4 of Art. 4 FZ of 18.07.2011 N 223-FZ
Or that the purchased products are innovative if they meet the criteria established (list specific orders of the Ministries), you will not be mistaken in this case.
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Accordingly, if you produce products in another area, then the criteria will be in accordance with the order of a particular ministry, since this moment is not regulated by law, but by-laws in the relevant field of activity
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Ivanov Sergey
Lawyer, Orenburg
Hello!
Draft Federal Law N 915716-6 “On Amendments to Certain Legislative Acts of the Russian Federation” has been submitted to the State Duma, in which it is proposed to supplement Law N 223-FZ with uniform criteria for classifying goods, works, services as tocategories of innovation and/or high-tech products.
Date of entry into force of the provision on the need to include a section on procurement from small and medium-sized businesses in the procurement plan for innovative products, high-tech products, not determined.
According to paragraph 2 of Art. 8 of the Federal Law of June 29, 2015 N 156-FZ, this provision enters into force on November 1, 2015. However, paragraph 3 of this article provides for a different period - from January 1, 2016.
In accordance with the amendments made to the Law N 223-FZ Federal Law of June 29, 2015 N 156-FZ, from January 1, 2016, the Government of the Russian Federation will be authorized to approve the list of customers who will be subject to additional requirements for the procurement of innovative and high-tech products in particular for small and medium businesses.
Sincerely, A.E.S.
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Lawyer, Perm
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Anna
Hello Anna. Let's not be blind. Please write the field of activity of the company, it is desirable to indicate the OKVEDs open to you and describe the products.
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Clarification of the client
Good afternoon!
company activity - federal state state-financed organization"Central Dispatch Department of the Fuel and Energy Complex". activity codes: main 72.40; additional 22.25; 22.22; 74.20.14;74.40; 22.11.2; 74.20.32; 72.20; 73.20; 72.30; 74.83; 74.84; 74.14; 72.50; 22.15; 22.23; 72.60; 74.13.1; 22.13; 74.20.34; 72.10; 73.10; 22.33; 92.40.
Lawyer
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In your case, it all depends on the area in which your products will be produced. The most recent criteria are derived by the Ministry of Transport.
Anikeeva Svetlana
Svetlana, what does "fresh" mean? Each ministry in your field sets the criteria.
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Lawyer, Sayanogorsk
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Hello Anna.
By what principle do these orders operate: there is a description of the field of activity - the question is what? company or does this description apply to the item being purchased?
Anna
The description refers to the item being purchased.
those. I need to consider the scope of the company itself, according to the description, and then look at the criteria; Or is it necessary to first correlate the purchased products under the description of a particular Ministry and then determine whether this product belongs to the category of innovative?
Anna
You first need to determine which industry the product belongs to (medicine, industry, transport, trade, etc.), and then, according to the criteria of a particular ministry, determine whether it is innovative or not.
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Lawyer, Sayanogorsk
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the main activity is connected with the collection and processing of information about the activities of the subjects of the fuel and energy complex of the Russian Federation. those are information about the production, processing and transportation of hydrocarbons and the provision of this information to higher authorities.
Anna
So what products are you going to buy?
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Clarification of the client
Good afternoon!
different - "hardware" - server, workstations; DMS, drinking water, communication services (Internet, mobile communications), subscription to data from agencies, auto insurance, rental of premises, etc.
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fee 33%
the company's activity is the federal state budgetary institution "Central Dispatch Department of the Fuel and Energy Complex". activity codes: main 72.40; additional 22.25; 22.22; 74.20.14;74.40; 22.11.2; 74.20.32; 72.20; 73.20; 72.30; 74.83; 74.84; 74.14; 72.50; 22.15; 22.23; 72.60; 74.13.1; 22.13; 74.20.34; 72.10; 73.10; 22.33; 92.40. the main activity is connected with the collection and processing of information about the activities of the subjects of the fuel and energy complex of the Russian Federation. those are information about the production, processing and transportation of hydrocarbons and the provision of this information to higher authorities.
Anna
I believe that in your case, you should be guided by the order of the Ministry of Education and Science of Russia dated November 01, 2012 No. 881.
In accordance with the order of the Ministry of Education and Science of Russia dated November 01, 2012 No. 881 innovative products must meet four criteria:
1. Scientific and technical novelty
2. Introduction of goods, works, services
3. Economic effect of the sale of goods, works, services
4. Science intensity of goods, works, services
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Clarification of the client
Good afternoon, Svetlana!
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And under the Ministry of Communications we do not fit? our activity is more related to information.
Anna
You can also be guided by the criteria of the Ministry of Communications. Moreover, if we analyze these criteria comprehensively, we can see that they are essentially common, that is, they are the same there and there. There is no fundamental difference
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Lawyer, St. Petersburg
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Hello Anna!
The legislation does not have a clear definition of the concept of innovative products, the concept of innovative products is given in the scientific community, and each ministry also classifies products as innovative depending on the field of activity, if your field of activity is information, then most likely the following order will suit you.
Good afternoon, Svetlana! And under the Ministry of Communications we do not fit? our activity is more related to information.
Anna
MINISTRY OF COMMUNICATIONS AND MASS COMMUNICATIONS
RUSSIAN FEDERATIONON APPROVAL OF CRITERIA
CLASSIFICATION OF GOODS, WORKS, SERVICES TO INNOVATIVE PRODUCTS
AND (OR) HIGH-TECH PRODUCTS FOR THE PURPOSE
FORMING A PURCHASE PLAN FOR SUCH PRODUCTSIn accordance with Part 4 of Article 4 of the Federal Law of July 18, 2011 N 223-FZ "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, N 30, Art. 4571; N 50, 7343; 2012, N 53, item 7649; 2013, N 23, item 2873; N 27, item 3452) I order:
1. Approve the attached criteria for classifying goods, works and services as innovative products and (or) high-tech products in industries related to the established field of activity of the Ministry of Telecom and Mass Communications of the Russian Federation.
2. Send this order to state registration to the Ministry of Justice of the Russian Federation.Minister
N.A.NIKIFOROVApplication
to the order of the Ministry of Communications
and mass communications
Russian Federation
dated 10.10.2013 N 286CRITERIA
CLASSIFICATION OF GOODS, WORKS, SERVICES TO INNOVATIVE PRODUCTS
AND (OR) HIGH-TECH PRODUCTS FOR THE PURPOSE
FORMING A PURCHASE PLAN FOR SUCH PRODUCTSInnovative products and (or) high-tech products for the purposes of forming a procurement plan for such products include goods, works and services that meet the following criteria:
1. Scientific and technical novelty.
1.1. This criterion in relation to goods is characterized by the following features:
characteristics of goods (in terms of functional purpose, design, composition of materials and components used, areas of use) are fundamentally new or differ significantly from the characteristics of a previously produced similar product;
consumer properties of the product are improved compared to existing analogues or, in the absence of direct analogues, there are qualitatively new consumer (functional) characteristics, including those that increase the competitiveness of the product, or a new method of using the product has been identified that allows expanding the scope of such a product;
goods, the release of which is based only on the use of new or modernized technological equipment, technological processes or technologies that have not previously been used in the production of this product, or new materials that can significantly improve the technical and economic, competitive ergonomic, consumer and other indicators of the goods produced.
1.2. This criterion in relation to works and services is characterized by the following features:
the performance of works, the provision of services are associated with significant changes in the production process, the use of new or modernized production equipment and (or) software, new technologies;
works, services are fundamentally new, previously not performed, rendered;
works, services are performed, rendered in an area in which similar works, services were not previously used.
2. The economic effect of the sale of goods, works, services.
This criterion is characterized by the effectiveness of the development of innovation, the magnitude of demand, profitability, as well as the planned positive economic effect of the sale of goods, works, services, providing savings in time and (or) material costs or creating conditions for such savings.
3. Availability of patent protection (if applicable).
This criterion is applied in the case of the use of inventions, utility models, industrial designs in the production of goods, performance of work, provision of services and is characterized by the presence of relevant patents for the above results of intellectual activity.
MINISTRY OF INDUSTRY AND TRADE OF THE RUSSIAN FEDERATION
ON APPROVAL OF CRITERIA
AND (OR) HIGH-TECH PRODUCTS BY INDUSTRIES,
RELATED TO THE ESTABLISHED FIELD OF ACTIVITY OF THE MINISTRY
INDUSTRY AND TRADE OF THE RUSSIAN FEDERATION
In accordance with Part 4 of Article 4 of the Federal Law of July 18, 2011 N 223-FZ "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, N 30 (Part I), Art. 4571)
approve the attached criteria for classifying goods, works and services as innovative products and (or) high-tech products for industries related to the established field of activity of the Ministry of Industry and Trade of the Russian Federation.
D.MANTUROV
CRITERIA
CLASSIFICATION OF GOODS, WORKS AND SERVICES TO INNOVATIVE PRODUCTS
AND/OR HIGH-TECH PRODUCTS
I. Criteria for classifying goods, works, services
to innovative products
1. Consumer properties (including functional characteristics) goods are new and (or) surpass consumer properties (including functional characteristics) of previously produced goods.
2. In the production of goods, the first introduced results of research, development and technological work are used.
3. The consumer properties of the product are improved compared to existing analogues or, in the absence of direct analogues, there are qualitatively new consumer (functional) characteristics, including those that increase the competitiveness of the product, or a new way of using the product, which allows expanding the scope of its use.
4. In the production of goods, only new or modernized technological equipment, technological processes or technologies that have not previously been used in the production of this product, or new materials are used to improve the technical and economic, competitive, ergonomic, consumer and other indicators of the manufactured goods.
5. When performing work and rendering services, the first introduced results of research, development and technological work are used, which were not previously used in the performance of similar works and the provision of similar services.
6. The performance of work and the provision of services are associated with changes in the production process, the use of new or modernized production equipment and / or software, new technologies.
7. Work is performed and a service is provided in an area where similar work and service have not previously been applied.
8. Work and service are new, not previously performed or provided.
9. When used in the production of goods, performance of work, provision of services, the results of intellectual activity subject to legal protection.
10. When using new scientific, technical, design and/or technological solutions in the production of goods, performance of work, provision of services.
II. Criteria for classifying goods, works, services
to high-tech products
11. Goods, work, services are respectively manufactured, performed and provided by enterprises in high technology industries.
12. Goods, work and services, respectively, are produced, performed and provided using the latest models of technological equipment, technological processes and technologies.
13. The product, work, service, respectively, is produced, performed and provided with the participation of highly qualified, specially trained personnel.
Notes:
Goods, works and services are recognized as innovative products if one or more of the criteria specified in paragraphs 1 to 10 are met.
Goods, works and services are recognized as high-tech products if they meet all the criteria specified in paragraphs 11-13.
What are innovative products, what are the criteria for classifying works, goods, services as innovative? Are there differences in the definition of what refers to innovative products within the framework of 44-FZ and 223-FZ? You will find answers to these questions by reading the material to the end.
Innovative products within the framework of 44-FZ
The definition of "innovative products" is not contained in regulations RF. The Law “On Science and State Scientific and Technical Policy” dated August 23, 1996 No. 127-FZ contains the concept of “innovation”, which means a new or significantly improved product (goods, service) put into use or a new process, a new method of sales, as well as new method organization of jobs.
Based on it, innovative products should have the following quality: be new, i.e. just put into use or be significantly improved compared to previous samples.
Innovative products under 44-FZ, along with high-tech products, are a priority in public procurement. This principle is established by Art. 10 44-FZ. Information about its purchase is highlighted in a separate column in the procurement plan. It is acquired through a limited participation competition or a two-stage competition.
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The list of innovative products according to 44-FZ is contained in Appendix No. 2 to Decree of the Government of the Russian Federation No. 99 dated 04.02.2015. additional terms to the bidders. It should be noted that this list includes not only types of innovative products, but also technically complex products and works, goods and services of a specialized nature.
An example of the latter are services for the improvement of children and the organization of their recreation. The list also includes:
- works on design, construction and decommissioning of nuclear facilities;
- work on handling nuclear materials, radioactive waste;
- weapons repair and military equipment, which is part of the nuclear weapons complex, etc.
Before posting a report in the EIS, calculate the annual volume of purchases of innovative products, including among small and medium-sized businesses. Follow the deadlines, otherwise you will pay a fine of up to 300 thousand rubles.
Read who is required to draw up a report on the purchase of innovations, how to fill out and publish a document in the EIS.
Purchase of innovative products under 223-FZ
Purchases of innovative products of high-tech products within the framework of 223-FZ can be carried out by all customers. In addition, Government Decree No. 475-r dated March 21, 2016 approved a list of legal entities that are required to purchase innovative products.
It currently includes 90 legal entities, including:
- PJSC Gazprom;
- PJSC "Aeroflot - Russian Airlines";
- JSC "Russian railways" and others.
P. 2 h. 8.2 Art. 3 223-FZ, JSC Federal Corporation for the Development of SMEs is referred to these persons.
The volume of innovative products that the above legal entities are required to purchase is set in the regulation, approved by Decree of the Government of the Russian Federation of December 25, 2015 No. 1442. Customers of innovative products should determine the annual volume of purchases as the value of contracts for innovative purchases for the previous year, increased by 10%. At the same time, it cannot be less than 10% of the total value of all contracts executed on the basis of procurement results for the reporting year.
The plan for the procurement of innovative products under 223-FZ was approved by Decree of the Government of the Russian Federation of September 17, 2012 No. 932. The plan for the procurement of innovative products of the above persons should contain a section on the procurement of works, goods, services from SMEs, in accordance with the approved list. The plan for the purchase of innovative products of high-tech products from customers included in the list approved by Decree No. 475-r should include a list of innovative products according to 223-FZ, which will be purchased from SMEs (part 3.3 of article 4 of 223-FZ).
Other customers place in the UIS a plan of innovative products for a period of 5-7 years. In the event that a legal entity does not plan to conduct such purchases, it may publish zero plan procurement of innovative products.
The plan for the procurement of innovative products includes:
- the cost of contracts drawn up based on the results of the purchase of products included in the plan for innovative products under 223-FZ for the previous year;
- the annual volume of purchases of innovative products, which is planned to be purchased in accordance with the draft plan for the purchase of innovative products;
- the annual volume of purchases of innovative high-tech products, which are planned to be purchased only from SMEs, etc.
Annual report on the purchase of innovative products approved. Decree No. 1442. The report on the procurement of innovative products consists of 3 parts:
- customer information,
- information on the procurement of innovative products;
- information about these purchases made only from SMEs.
This is how a brief procedure for the purchase of innovative high-tech products under 223-FZ looks like.
Innovative and high-tech products criteria according to 223-FZ
The criteria for classifying high-tech products as innovative products are established by federal government bodies that carry out legal regulation in a certain field of activity. Therefore, innovative products - there is no register.
As an example, let's analyze the criteria for referring to innovative products, approved. Order of the Ministry of Transport of August 25, 2015 No. 261. It contains the following criteria for innovative products:
- compliance of products with priority areas of development of science and technology of the Russian Federation (see Decree of the President of the Russian Federation of 07.07.2011 No. 899);
- scientific and technical novelty;
- introduction of work, goods, services in industry;
- positive economic effect from their implementation;
- science intensity of products.
A product is classified as innovative if it meets all the above criteria.
Attached files
- Procurement plan for innovative products - sample.docx
- Annual report on the purchase of innovative products.docx
Registration N 27584
In accordance with Part 4 of Article 4 of the Federal Law of July 18, 2011 N 223-FZ "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, N 30 (part 1), art. 4571) I order:
approve the attached criteria for classifying goods, works and services as innovative products and (or) high-tech products for industries related to the established field of activity of the Ministry of Industry and Trade of the Russian Federation.
Minister D. Manturov
Criteria for classifying goods, works and services as innovative products and (or) high-tech products
I. Criteria for classifying goods, works, services as innovative products
1. Consumer properties (including functional characteristics) of the goods are new and (or) superior to consumer properties (including functional characteristics) of previously produced goods.
2. In the production of goods, the first introduced results of research, development and technological work are used.
3. The consumer properties of the product are improved compared to existing analogues or, in the absence of direct analogues, there are qualitatively new consumer (functional) characteristics, including those that increase the competitiveness of the product, or a new way of using the product, which allows expanding the scope of its use.
4. In the production of goods, only new or modernized technological equipment, technological processes or technologies that have not previously been used in the production of this product, or new materials are used to improve the technical and economic, competitive, ergonomic, consumer and other indicators of the manufactured goods.
5. When performing work and rendering services, the first introduced results of research, development and technological work are used, which were not previously used in the performance of similar works and the provision of similar services.
6. The performance of work and the provision of services are associated with changes in the production process, the use of new or modernized production equipment and / or software, new technologies.
7. Work is performed and a service is provided in an area where similar work and service have not previously been applied.
8. Work and service are new, not previously performed or provided.
9. When used in the production of goods, performance of work, provision of services, the results of intellectual activity subject to legal protection.
10. When using new scientific, technical, design and/or technological solutions in the production of goods, performance of work, provision of services.
II. Criteria for classifying goods, works, services as high-tech products
11. Goods, work, services are respectively manufactured, performed and provided by enterprises in high technology industries.
12. Goods, work and services, respectively, are produced, performed and provided using the latest models of technological equipment, technological processes and technologies.
13. The product, work, service, respectively, is produced, performed and provided with the participation of highly qualified, specially trained personnel.
Notes:
Goods, works and services are recognized as innovative products if one or more of the criteria specified in paragraphs 1-10 are met.
Goods, works and services are recognized as high-tech products if they meet all the criteria specified in paragraphs 11-13.
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