outsourcing contract legalization license
During the modernization of the Armed Forces, non-traditional functions were transferred from military units to other organizations and enterprises. Today, the most common form of outsourcing in the Armed Forces is Russian Federation is the transfer by military units to third-party organizations of the following functions: organizing meals for personnel; bath and laundry service; storage and refreshment of supplies; performing intra-garrison transportation of military cargo and military personnel; gas station military equipment flammable; loading and unloading operations; bakery; trade and consumer services; dry cleaning and repair of uniforms and shoes; operation of buildings and structures; maintenance and cleaning of the territory and office premises; garbage removal; protection of individual military unit facilities; organizing subscriptions to periodicals, delivery periodicals and postal items.
Outsourcing allows a military organization to reduce costs and significantly reduce the labor intensity and costs of implementing economic and support functions and concentrate on the main tasks (maintaining the proper level of combat readiness and combat capability of a military unit, increasing the combat training of personnel, etc.), without being distracted by auxiliary ones.
The benefits of outsourcing include:
- - freeing up the internal resources of a military organization for the implementation of its main goals (a synergistic effect is possible);
- - improving the quality of products and services received;
- - use of specialized equipment by the performer, special knowledge and technologies that the military unit does not have;
- - use of competition in the performer market, when it is possible to conclude a contract for the provision of services by outsourcing with the most favorable conditions for a military organization;
- - division and partial transfer of business risks to another organization with which a contract is concluded.
At the same time, the use of outsourcing in the Armed Forces of the Russian Federation may be accompanied by negative phenomena:
- a) the level of professionalism of the outsourcing company’s employees (both the contractor and its manager) may be insufficient to perform work or provide services at the proper level;
- b) the military unit has insufficient control and management influence on the organization providing services, which can lead to a decrease in the quality of services and an increase in costs;
- c) the presence of risks of violation of the safety of military property, security and leakage of confidential information and information constituting state secrets due to the granting of access rights third party organizations and their representatives to the territory of military installations, to documents, to information and material assets military organizations;
- d) difficulty and often impossibility of using this method provision of services outside the place of permanent deployment of a military unit, during exercises, ships going to sea, military units performing combat training and combat missions, as well as in military units stationed in remote, sparsely populated areas where there are no civilian structures, with with which appropriate agreements could be concluded.
Relations between the organization - recipient of services and the organization - provider of these services (outsourcer) arise on the basis of an outsourcing agreement, which in the scientific literature is understood as an agreement, as a result of which one party (customer) transfers its functions or activities (production, service, etc.) for a fee. information, financial, management, etc.) or business processes (organizational, financial-economic, production-technological, marketing, etc.) to the other party (outsourcer), who has the necessary qualified personnel (resources) to participate in production process, production management or to perform other tasks related to the production and (or) sale of customer goods. This is a mutually binding, reimbursable, ongoing contract. Its peculiarity is that the actions of the obligated person are individualized by clarifying the characteristics of both the activity (actions) of the outsourcer’s personnel and its professional qualities(availability special education, activity profile, work experience, etc.).
The concept of outsourcing comes down to three basic principles:
- 1) everyone should mind their own business and be able to concentrate only on it;
- 2) the solution of related and secondary tasks should be entrusted to someone who can cope with them more effectively;
- 3) such distribution of work saves the customer money and generates income for the contractor (outsourcer).
Thus, to optimize outsourcing, Russian and foreign experience should be considered.
Over the past few years, the term "outsourcing" has become quite widespread in the world. Russian market services, being a relatively new mechanism for business development. Essence this concept consists of operations to transfer non-core functions or business processes to an external organization that has the necessary resources for this, on the basis of a long-term agreement. At the same time, the functions transferred to outsourcing are of a non-core nature for the customer company, because to transfer to the outsourcer its main strategic functions or business processes is almost always an impractical solution.
From a legal point of view, outsourcing is an agreement on the provision of a certain type of service by a contractor who has the necessary resources for this, on the basis of a long-term agreement, who undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services in a timely manner. In many cases, the provision of outsourcing services is regulated by the norms of a contract for the provision of paid services (Chapter 39 of the Civil Code of the Russian Federation), according to which the contractor (organization - outsourcer) undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services (Clause 1 of Article 779 of the Civil Code of the Russian Federation).
The difficulty in the legal implementation of an agreement for the provision of outsourcing services lies primarily in its novelty in the Russian services market, insufficient detailed knowledge, as well as the diversity of this agreement.
There are many theories and systems legal regulation civil law relations. However, according to experts, the most rational for such a case would be a four-level system regulatory regulation activities for the provision of outsourcing services similar to the one considered by P.I. Kamyshanov in relation to audit activities. Each level must have certain types of documents, the scope of regulation and the degree of their development.
The first (upper) level should include a law on outsourcing (activities for the provision of outsourcing services), which would relate to the main legislative acts. It would determine the entire procedure for concluding and executing the contract. Currently, this is a particularly important component for Russian legislation, since the institution of outsourcing is already becoming widespread in our country, which, in the absence of appropriate regulatory regulation, creates additional difficulties for participants in these legal relations.
Second-level documents regulating the provision of outsourcing services will include federal rules (standards), as well as legislative and by-laws. They would determine general questions regulation of activities related to the provision of outsourcing services, mandatory for market entities.
The third level will have to cover the internal standards of companies providing outsourcing services, as well as regulations of ministries and departments that establish rules for organizing activities for the provision of outsourcing services and the use of outsourcing in specific industries.
The fourth level of documents regulating the provision of outsourcing services will have to consist of internal standards for such activities, which would be developed by companies providing outsourcing services on the basis of federal rules (standards) and outsourcing practices. The content and form of such documents would be the prerogative of organizations providing outsourcing services and their know-how. These standards would determine the quality of work and the prestige of outsourcing service provider companies.
An alternative solution to this problem may be the inclusion in the Civil Code of the Russian Federation of separate rules regulating the process of providing outsourcing services.
Legalization of the system for providing services under an outsourcing agreement in Russia by at this moment found urgent need, which is associated with the rapid development of this type of service in our country. How such legalization will take place is the prerogative of the legislative bodies. In this case, there may be several options: adopt a special regulatory legal act or make appropriate changes to the current legislation. In this case you can find legal form for the outsourcing model that currently exists, or provide guarantees for agency workers and share responsibility for compliance labor rights workers between the real and formal employer. The second option creates a certain system of protection for workers and their labor rights. However, providing employees with guarantees for the protection of their labor rights will deprive agency labor of its attractiveness, since the idea of using it is based on the employer’s desire to minimize its obligations to employees.
The law does not regulate the procedure for registering outsourcing companies. According to lawyers, outsourcing firms must register as organizations created for the purpose of implementing entrepreneurial activity, namely the provision of outsourcing services, and can have any organizational and legal form of a commercial nature provided for by the legislation of the Russian Federation.
However, activities for the provision of outsourcing services must be licensed (of course, not all, but those that require a license in accordance with the Law), since the implementation of certain areas (IT outsourcing) of this type of activity under a certain set of circumstances may entail damage not only the rights and legitimate interests of citizens, but also the defense and security of the state, which is exactly what is said in Art. 4 (criteria for determining licensed types of activities) Federal Law "On Licensing individual species activities." In addition, Article 17 of the above-mentioned Law defines a list of types of activities for which licenses are required. In accordance with paragraph 11 of Part 1 of this article, one of the licensed types of activities includes activities related to technical protection confidential information (which may actually be outsourced). Since outsourcing covers many areas of activity, this is not the only example that activities for the provision of outsourcing services can be licensed.
Thus, according to experts, the outsourcing organization is required to have a license to carry out those types of activities that are subject to licensing in accordance with the provisions of the Licensing Law.
Since the procedure for obtaining a license to carry out outsourcing activities is not defined in the Law, as well as other aspects of this activity, we will try to briefly outline the main provisions on how such licensing can be carried out. The federal executive body that could license activities for the provision of outsourcing services may be the Ministry of Finance of the Russian Federation, and in the case of licensing IT outsourcing - Federal service on technical and export control. The license will have to be issued for a period of at least 5 years, as established in Art. 8 Federal Law "On licensing of certain types of activities". However, the term of this license can be extended at the request of the licensee an unlimited number of times. Also, for the implementation of outsourcing activities, special forms of license forms must be established, where all the necessary details must be indicated, namely: license number, legal form and name of the outsourcing organization, location of the outsourcing organization according to constituent documents, if necessary, other information about the outsourcing organization (for example, a specific area of outsourcing activities). Also, the license form for the provision of outsourcing services must contain a phrase approximately as follows: “It is permitted to carry out activities for the provision of outsourcing services for five years from specified date making a decision to grant this license", after which there must be the signature of the person authorized to issue such a license, as well as information about the renewal of the license.
In addition, the Government of the Russian Federation must approve a resolution on licensing activities for the provision of outsourcing services, which will indicate the requirements for the outsourcing organization. In our opinion, such requirements should include the following:
- 1) the outsourcing organization has the appropriate qualified personnel in sufficient quantity;
- 2) carrying out business activities only in the form of providing outsourcing services and only in a specific area of outsourcing;
- 3) ensuring the safety of information constituting trade secret, except in cases provided for by law RF.
To obtain a license, the license applicant will have to send or submit the following documents to the licensing authority:
application for a license and documents (copies of documents) specified in paragraph 1 of Art. 9 Federal Law "On licensing of certain types of activities";
copies of documents confirming the qualifications of specialists in a specific chosen field of activity (diplomas, certificates).
The licensing authority, as expected, should be given the right to conduct inspections of the activities of licensees (outsourcing organizations) for compliance with licensing requirements. The grounds for conducting such inspections of outsourcing organizations may be the following:
order of an authorized official of the licensing body;
inspection plan approved by the licensing authority;
requests and complaints from customers of outsourcing services;
appeals from law enforcement agencies regarding violations of the law by the licensee when carrying out outsourcing activities.
If violations of legislative acts are detected during the inspection of controlled objects, the outsourcer must promptly warn the client about the illegality of his actions and their possible adverse consequences. However, the outsourcer must do everything to prevent violations of legislative acts by the client, compliance with which is verified and controlled by an authorized entity.
Since an outsourcing agreement has a large number of positive factors that influence the process of the customer’s will-formation when concluding an agreement for the provision of outsourcing services and the formation of its content, this undoubtedly dictates the further need for legislative regulation of relations arising from agreements for the provision of outsourcing services. In this regard, it is necessary to develop legal norms directly intended to regulate legal relations under such a relevant agreement in our time as an agreement on the provision of outsourcing services. Such legal norms, in our opinion, first of all, should include the law on outsourcing (activities for the provision of outsourcing services), which would relate to the main legislative acts that determine the entire procedure for concluding and executing a contract. Also, federal rules (standards), legislative and by-laws that would define general issues of regulation of activities for the provision of outsourcing services, mandatory for execution by market entities, regulations of ministries and departments that establish rules for organizing activities for the provision of outsourcing services and the use of outsourcing in specific industries.
Thus, in modern conditions the need for legal regulation in the field of outsourcing is noted. Based on modern requirements for organizing entrepreneurship and business in Russia, emerging requirements and requests should be taken into account legal entities in the field of outsourcing.
Colonel V. Pechorsky
In the United States, outsourcing refers to the use of third-party organizations on a competitive basis to perform non-core (auxiliary) functions of the military department by concluding an appropriate long-term contract. Third party organizations may be: government organizations, and (mostly) private companies.
The US military uses outsourcing to support both day-to-day and combat operations. In accordance with American legislation, the military department is obliged to optimally (from the point of view of cost and quality of work) organize the performance of auxiliary functions, using as an alternative the capabilities of commercial specialized enterprises.
According to many years of observations, the Pentagon is the main federal body of the United States that extensively attracts third-party private organizations to support its activities and solve other problems. The most popular functions, which in the US Armed Forces are traditionally transferred to contractor companies, are: technical support; maintenance of infrastructure facilities, deployment points and maintenance of territories; maintenance and repair of weapons and military equipment; provision of household and financial services; carrying out repair and construction work.
According to Pentagon experts, outsourcing allows you to ensure:
Required quality while significantly reducing costs by attracting highly specialized specialists with significant experience in a particular field;
High combat readiness and combat effectiveness of troops by focusing on solving basic tasks;
Introduction of modern technologies;
High level of flexibility and efficiency in decision making;
Savings due to the elimination of time and financial costs for raising the professional level and improving the qualifications of personnel, organizing jobs, providing insurance and bonus payments;
Freeing up time and resources for the leadership of the Armed Forces of all categories to perform their main job duties;
Possibility to choose the most optimal options the use of contracting companies due to competition in the market of potential performers, their adaptation to customer requirements and interest in maintaining interaction on a long-term basis;
Financial and legal guarantees of compensation by external organizations for possible damage.
The main disadvantages of outsourcing include:
The risk of loss (including irreversible) by the personnel of the US armed forces of unique knowledge and experience necessary in solving a number of specific tasks, such as repair, preparation for operation and maintenance of modern weapons and military equipment, reconnaissance, assessment and processing of received information, training personnel in applied disciplines as instructors;
Possibility of significant underestimation of basic overhead costs when deciding to transfer functions to an external organization;
The difficulty of monitoring the progress of large-scale work, which leads to the risk of poor quality work;
Limited control leverage over performers;
Lack of continuity when changing contractor companies.
After the start of military operations by the US Armed Forces and allies in Iraq and Afghanistan, as well as during the subsequent stabilization of the situation and post-conflict settlement in these countries, the involvement of personnel of private military companies (PMCs) in carrying out tasks in the interests of military contingents of American troops acquired an unprecedented scale. On current moment On Afghan and Iraqi territory, about 138 thousand representatives of various PMCs operate under a contract with the Pentagon (of which only 42.9 thousand are US citizens).
The strengths of outsourcing when using private military companies during operations to stabilize the situation and post-conflict resolution in forward zones in the Pentagon are considered to be: - significantly shorter than that of the reserve components of the US Armed Forces, the time frame for preparing personnel, equipment and materiel of PMCs for transfer abroad and fulfillment of the functions assigned to them;
Absence of a strict statutory period for the stay of personnel of private companies in forward zones or areas;
- no need for additional special training PMC employees, since they are usually highly qualified specialists with experience working in law enforcement agencies or serving in “hot spots”;
The widespread use of contractor companies, which allows the Pentagon to reduce the number of American troop groups in forward zones and combat areas and, as a result, reduce the costs of their maintenance and rotation, as well as significantly reduce combat load on personnel and free them from performing functions unusual for military personnel.
|
Number of US PMC personnel |
||||
| States where PMCs are involved | PMC representatives | Total | ||
| US citizens | Local citizens | Third country nationals | ||
| Afghanistan | 31 814 | 38 270 | 39 480 | 109 564 |
| Iraq | 2 314 | 2 065 | 4 621 | 9 000 |
| Neighboring countries | 8 764 | 782 | 9 297 | 18 843 |
| Total | 42 892 | 41 117 | 53 398 | 137 407 |
The main disadvantages of engaging private military companies include:
Complete absence of the factor of ideological (ideological) motivation of personnel;
- “excessive independence” in the actions and decisions of representatives of private companies, expressed in the unlawful or disproportionate use of force against the local population, ignoring the requirements and rules established by the command of the contingent, violation of discipline, etc.;
Lack of effective control over the activities of PMCs, which contributes to an increase in cases of corruption and financial fraud.
Despite the ongoing practice of widespread outsourcing in the US Armed Forces, Pentagon leadership in recent years has taken a number of measures aimed at reducing departmental dependence on third-party companies. In April 2009, US Secretary of Defense R. Gates announced his decision to open 13 thousand new positions for civilian personnel in the 2010 fiscal year in order to transfer to them functions traditionally performed by representatives commercial structures. By fiscal year 2015, the total number of such positions is expected to increase to 30 thousand.
In September 2011, the Pentagon notified the National Congress that 16,782 civilian replacement positions had been opened during fiscal year 2010. external organizations(42 percent of new positions in the ground forces, 28 percent in the Air Force, 16 percent in the Navy and 14 percent in central bodies of the Ministry of Defense). These changes were made mainly (more than half of the cases) for reasons of economy budget funds.
The leadership of the US Department of Defense and federal control agencies recognize that at the moment it is not possible to fully objectively assess the results of the steps taken, since the financial, social and personnel consequences may only appear over a significant period of time.
How does the outsourcing system take root in extreme conditions The Arctic, in the harsh and relatively deserted expanses of the Kola Peninsula? Are civilian enterprises, together with a group of divisions of an anti-aircraft missile regiment, capable of going out, for example, for live firing - several hours along the off-road terrain of the Kola Peninsula and by sea - to the island of Kildin? (Aerospace Defense Brigade) for logistics by Lieutenant Colonel Bakhtiyor Babajanov.
Bakhtiyor Tashpulatovich, how successfully are you able to provide everything necessary to the new-look radio engineering regiment in the Arctic?
- Today, the main difficulty is that the responsibilities of the deputy regiment commander for logistics include several previous job areas. Therefore, I and a small team of subordinates (five officers and ten civilian specialists) have to simultaneously supply the units with everything - equipment, weapons, ammunition, food, fuel - over a wide geographical area. More than fifteen units of the regiment are scattered throughout the Kola Peninsula, and we use various schemes provision with reference to certain conditions and the nearest warehouses. There are some peculiarities. For example, all clothing and technical support in full, centrally goes directly through me (weapons, factory maintenance of equipment). Food supply is organized on a regional basis. All units south of Monchegorsk are provided through the Northern Fleet, that is, through the Murmansk warehouses and the Olenegorsk garrison. We provide the western direction through Zaozersk warehouses and Vidyaevo. Northern side of the Kola Peninsula - separate direction. Kashkarans, Gremikha and Dalnie Zelentsy are provided with everything necessary according to the navigation principle - we receive from the Northern Fleet a one-and-a-half-year supply of food for three divisions of the regiment and deliver it by sea. There are points on the Kola Peninsula that outsourcing has not yet reached, because navigation or helicopter can only be reached by sea (if the weather permits), and the nearest populated area- a hundred kilometers away.
Taking into account the remoteness, certain problems arose when switching to outsourcing.
difficulties. Our boiler houses and canteens are scattered over a vast territory, and not everywhere there are local residents who could work within the framework of the new system. The positions of military cooks and stokers have been reduced, but canteens and boiler rooms cannot be left unattended. Therefore, in some places it was necessary to take soldiers from the combat crew and make them freelance cooks and stokers.
- In what percentage has the regiment’s logistics support been outsourced today?
- Logistics are multifaceted, and it is difficult to convey the situation in percentage terms. Moreover, the regiment switched to the new system relatively recently - in December 2011. In the south of the Kola Peninsula (Monchegorsk, Kovdor), outsourcing is being better implemented. Some positive experience has been accumulated in providing heating and food. Cleaning up areas is also taking root. On the north side there are more problems. And even in relatively large garrisons, third-party companies began cleaning territories and premises only in April. This is a new thing, rough edges are inevitable. At the same time, we have facilities to which we cannot allow civilians. You know, a janitor with a permit is a problem. Thus, regimental cleaning is covered by outsourcing by approximately 60 percent.
For food, we switched to outsourcing in eleven out of sixteen divisions.
At three points: Khanlauta, Gremikha, Kashkarantsy there are no changes in food supply yet. And where outsourcing already reigns, unfortunately, the menu layout from St. Petersburg does not always correspond to the range of products in the warehouse.
Heating has been transferred almost completely, with the exception of two remote facilities in Hanlaut and Gremikha. There is a protocol and technological problem with the supply of heating oil to the village of Kilp-Yavr. The troops left, but the people remained.
There are no problems with fuel for equipment. True, our volumes do not arouse interest among businessmen. But the Northern Fleet never fails.
Most of the divisions are provided with electricity via industrial networks, and only in three remote points we operate from our own diesel generators. Unfortunately, we have not received emergency power supplies or new diesel generators for about 18 years. We are reworking decommissioned battle station generators. We try to maintain what we have in satisfactory technical condition. At the same time, I must note the improvement in the work of representatives of the manufacturing plants of our equipment in the departments.
- How does the logistics delivery system work?
- The transport topic is subtle. We do not have special transport, there are only six cars left under management, and each has a limit of 1,500 km. The Northern Fleet and the central supply battalion are helping out. We use the sea, but I must note that if the administration of the Murmansk region stops supporting with subsidies the only passenger line in the Barents Sea, the route to Gremikha of the ice-class ship “Klavdia Elanskaya” (the entire route: Murmansk - Yokanga), then we will not be able to provide coastal units even with food. And military families will not be able to go on vacation to the mainland. There is such a danger, because the route is not economically profitable.
- Bakhtiyor Tashpulatovich, in 1990 you graduated from the Gorky Higher Military School of Logistics and have been serving in the North for 19 years. Obviously, professionalism and experience allow you to maintain the current balance of regimental outsourcing?
- In general, the balance is positive. Firstly, conscripts are not involved in economic work; this is very good for combat training. Secondly, when materially interested civilian specialists work, quality improves. And the reaction of third-party organizations to all our comments, as a rule, follows immediately. Firms value their reputation in this new area and work stably. I hope that in the future the positive balance of outsourcing in the regiment will become even higher.
OUTSOURCING (from the English outsourcing: (outer-source-using) use of an external source/resource) is the transfer by an organization, on the basis of a contract, of certain business processes or production functions to be serviced by another company specializing in the relevant field. In contrast to service and support services, which are one-time, episodic, random in nature and limited to a beginning and an end, functions for professional support of the uninterrupted operation of individual systems and infrastructure are usually transferred to outsourcing on the basis of a long-term contract (at least 1 year). The presence of a business process is a distinctive feature of outsourcing from various other forms of service provision and subscription services.
The main source of cost savings through outsourcing is increasing the efficiency of the enterprise as a whole and the emergence of the opportunity to free up the relevant organizational, financial and human resources to develop new areas, or concentrate efforts on existing ones that require increased attention.
According to experts from the Outsourcing Institute, USA, business process outsourcing is a dynamically developing type of optimization of enterprise activities, with the greatest growth observed in the field of finance and accounting. Statistics compiled in 1997 by the American Management Association showed that even then, 20% of the 600 firms surveyed had outsourced at least some of their financial and financial services. accounting transactions, and 80% is part administrative functions.
Motivation of the leadership of the Ministry of Defense: subordinates now have the opportunity to spend more time doing military work instead of washing floors and peeling potatoes. The issue of having civilian structures also take over the security of military camps and facilities is being considered.
Thus, according to the new daily routine, the so-called “admiral’s hour” was introduced after lunch - the soldiers rest.
FLAWS
When using outsourcing in Russia, the following disadvantages appeared:
- the level of professionalism of the employees of the outsourcing company - outsourcer (both the contractor and his manager) may be insufficient to perform work or provide services at the proper level,
- insufficient control levers, which can lead to a decrease in process efficiency and increased maintenance costs,
- the presence of risks of violation of property safety, security and leakage of CONFIDENTIAL information as a result of providing unregulated access to documents, data and material assets of the enterprise.
- increase in time for solving problems in emergency situations, associated with unnecessary transmission links and coordination (especially evident in telecommunications).
- AND THE MAIN THING IS CONDUCT OF COMBAT OPERATIONS!
04/22/2011. Prosecutors are looking into the circumstances of the poisoning of more than 100 students Ural Institute Ministry of Emergency Situations. Food educational institution is provided by a third-party organization that wins the tender contract.
Despite the positive changes after the introduction of the outsourcing system, the military prosecutor's office of the garrison recently revealed significant shortcomings. We are talking about a study carried out in August together with colleagues from Rospotrebnadzor on Yaroslavl region verification of obligations by counterparties of the Ministry of Defense of the Russian Federation in structural unit 1586th district military hospital. As a result of supervisory activities involving the entire prosecutorial staff and specialists, significant violations of the requirements of the legislation on sanitary and epidemiological welfare, as well as legislation aimed at protecting the life and health of military personnel, were identified. Under an agreement with Voentorg OJSC, services for organizing meals for inpatients undergoing treatment there were provided by Service-K LLC.
The inspection showed that the storage, processing and preparation of food products in the structural unit of the Federal State Institution “1586 OEKG MVO” stationed in Yaroslavl were organized and carried out in gross violations of sanitary and epidemiological standards, and as through the fault of the employees of the involved commercial organization, so officials hospital. As a result, after eating food prepared in conditions that did not meet the requirements, on August 10 this year. There was a mass illness of military personnel with acute intestinal infection. At the request of the military prosecutor's office of the Yaroslavl garrison, food for hospital patients with food prepared in the catering unit was suspended, and the catering unit itself was closed until the identified violations were eliminated. During the inspection, three proceedings were initiated against Service-K LLC administrative offenses. The military prosecutor's office submitted a corresponding representation to the head of the Yaroslavl garrison. It is required to take comprehensive measures to control the quality of food. A number of other measures have been taken, incl. according to jurisdiction, materials were transferred to resolve the issue of initiating a criminal case against the head of production of Service-K LLC. The case has been opened. An investigation is underway. (DECEMBER 1, 2011. "RED STAR". Retired Colonel of Justice Sergei USTINOV.
Oleg POCHINYUK)
01/17/12 Mass poisoning occurred in a military unit near St. Petersburg
In turn, the organization "Soldiers' Mothers of St. Petersburg" claims that many people are in the barracks with diarrhea, vomiting and high temperature. At the same time, according to the organization, the soldiers were not provided with proper medical care in a timely manner. RIA Novosti 11:42
The military prosecutor's office of the Western Military District completed an inspection of compliance with sanitary and epidemiological standards when organizing meals for military personnel in the village of Kamenka, Vyborg district, Leningrad region
An inspection by the military prosecutor's office of the Western Military District, together with specialists from sanitary and epidemiological supervision, established that when organizing meals for military personnel in military unit 02511, employees of LenProdTorg LLC violated food preparation technology, and also used low-quality and unsafe products and culinary products.
As a result, seventeen servicemen felt unwell after eating in the soldiers' canteen and sought medical help.
The brigade command, as it turned out, did not properly control the work of the businessmen.
Military prosecutors issued warnings to the acting heads of the food and medical services of the unit about the inadmissibility of violating the law, and cases of administrative offenses were initiated against the head of the canteen and the head of LenProdTorg LLC under Article 6.6 of the Code of Administrative Offenses of the Russian Federation (violation of sanitary and epidemiological requirements when organizing catering).
With corruption, as we know, the fight is on on all fronts. But for now, corruption is breaking all the laws and barriers that they are trying to put in place. Moreover the victory of corruption can be recognized both at the local level and on a nationwide scale. We need to have a separate conversation about army corruption, since our army today is in a state in which it has absorbed all the worst from the Soviet era and at the same time managed to absorb new ideas of very dubious content.
One of these seemingly good ideas for Russian army, can be considered the idea of outsourcing. In this case, outsourcing should be understood that army units will provide for their daily living not themselves, but with the help of hired civilians. For this purpose, with the help of the state, even special companies were created that are designed to relieve military personnel from the unbearable burdens of cleaning barracks and surrounding areas, refueling military equipment, supplying food and medicine, and other non-military matters.
The idea is clearly borrowed from the West with the expectation that our military will devote more time to combat training, tactical training and mastering new military equipment. Yeah - right now! So what happens, our military will have to pay money to civilian offices, whose representatives will wash floors and toilets, bring pasta and buckwheat? Let that not happen!
Certainly, on paper, outsourcing has long been implemented in our military units. The hired “MaryIvanny” and “VanVanychi” are already “successfully” replacing soldiers in household work - peeling potatoes, polishing the floor in the sleeping quarters of the barracks. However, in reality, to put it mildly, everything is somewhat different. Those responsible in this situation took two paths, and neither of these paths can be called real legal outsourcing.
The first way is affiliate outsourcing
It lies in the fact that, according to documents, the military unit cooperates with a certain LLC “Pupkin and Sons”, which, for a certain fee, assumes all responsibility for providing military service as part of economic work. Upon closer examination, it turns out that the Pupkin and Sons company is de facto controlled by the leadership of the military unit.
Moreover, it is controlled - it often happens that the director of this business company is either the general’s wife or other relatives of the person in charge. And where are the tenders, according to which it was necessary to choose from a number of companies, and even in such a way as to reduce the costs of the military unit? You won’t believe it, but there were tenders, only they were again on paper. According to them, several companies competed with each other and set prices for their services at sky-high levels.
And here the unconditional victory is celebrated by the same Pupkin and Sons LLC, whose price list in the price list is slightly lower than that of its “competitors”. At the same time, no one or almost no one pays attention to the fact that the military has other companies nearby that can remove garbage and wash clothes for an amount two to three times less than Pupkin. But who will allow such companies to outsource left and right...
As a result, the money flows into the general’s pocket through the very affiliated company that the general created at the family council.
The second way is “dirty” outsourcing
In this case, also with the help of “paper” tenders, a certain company is appointed, which undertakes to manage the economic affairs of the military unit. In fact, such a company does not exist at all. There is only a bank account where budget money is transferred. You can even guess who this account belongs to. And who cleans the toilets and washes the footcloths? You guessed it...
Of course, the same fighters who have done this throughout the history of the Russian army. Without a doubt, they were immediately instructed by high officials that in the event of some correspondent interest, they would need to answer that all maintenance work is carried out by civilians, and they, they say, only shoot from high-precision weapons, train on 3D simulators and use the latest navigation systems during combat exercises.
And God forbid, if anyone from the rank and file even hints that “high-precision weapons” are machine guns from the seventies, “3D simulators” are a wooden town for tactical training, and “the latest navigation equipment” are sharp-sighted the eyes of a soldier and a twenty-kilogram walkie-talkie behind his back.
This is what military outsourcing is like in Russian. First, we need to deal with corruption, and then use NATO standards to support the army in the vast expanses of our Motherland.
/Alexander Dmitriev, topwar.ru /
The main positive aspect of outsourcing - solving problems with the involvement of third-party organizations - in the army is considered to be the liberation of soldiers and officers from functions unusual for them: cleaning the territory, washing, cooking. All these soldier's duties, according to the idea of military reform Dmitry Medvedev And Anatoly Serdyukov, started in 2009, should now be carried out by civilian companies and firms. In light of these changes, many human rights organizations consider the four years of the Serdyukov-Medvedev reform to be the most radical changes in the army over the past twenty years. However, after Serdyukov’s resignation from the post of Minister of Defense and the scandal surrounding Oboronservis, the question arose about the future fate of the military reform (it is noteworthy that its part concerning outsourcing in the Armed Forces is considered one of the main achievements of the previous leadership of the department).
The main reason for the introduction of military outsourcing in Russia, according to experts, was the transition to annual service, the short duration of which does not allow distraction from education and combat training. “During service, a soldier must not only be taught which levers to pull, but also instill in him the skill automatic operation, because in combat conditions during shooting, a clear knowledge of which buttons to press should be brought to automatism,” explained the military expert, executive editor of the newspaper “Independent Military Review” Victor Litovkin. “And so, in order not to disrupt soldiers from studying to the kitchen, outsourcing was introduced, otherwise the army will not have time to train even machine gunners or submachine gunners.” Thus, outsourcing is supposed to make the army more professional. However, as Litovkin admitted, this is just a means of providing for the Armed Forces, and how outsourcing is carried out locally is a separate issue. “Unfortunately, things are not going too smoothly in this area,” the military expert stated.
I agreed with my colleague and coordinator public organization"Citizen and Army" Sergey Krivenko. In his opinion, it is necessary to distinguish the very idea of outsourcing with its global experience and positive points and the process of its implementation in our country. As proof of the correctness of this approach, Krivenko cited a number of arguments: there are examples of excellent work and high efficiency of the military outsourcing system in some stationary military units. However, there are many examples of the opposite: when the Slavyanka company (rumored to be related to ex-Minister of Defense Anatoly Serdyukov), “having enveloped the whole country in its networks,” treated its responsibilities for providing food in bad faith - to the point that homeless people hired cooks. “Another problem: civilian specialists often do not go to the training grounds, and the soldiers have to organize their own life and food,” listed Sergei Krivenko. – A separate topic: how military outsourcing can work in combat conditions. And in peacetime, this system as such seems to be very useful.” However, according to him, in order for Russia to try to emulate Western models, where outsourcing in the armed forces came to us, it needs to study history and understand the difference.
In the West, the armed forces began to transfer to an outsourcing system in the 1990s - due to the end cold war, reduction of military budgets, deterioration of the demographic situation and, as a consequence, limitation of human and technical resources. The pioneers here were the Anglo-Saxons (primarily the British) - countries where the private sector was traditionally the engine of the economy, and the massive transition of other European countries and some African states to this system took place already at the end of the 2000s and affected the areas of logistics, training of specialists, ensuring communications and quartering of troops. It must be said that the main objectives of Western-style military outsourcing were initially stated to be two: the most adequate use of limited technical, human and time resources, as well as attracting private capital for the implementation of large and complex projects. Over time, both began to be realized under the conditions of full transparency of the competition between companies claiming to provide the armed forces, and a clear division of risks (the state bears political risks, the contractor - all others, mainly commercial ones). However, there are no obvious results of the reform yet, even in its homeland - Great Britain: the British have released only one study on the effectiveness of private and state partnership in the defense field, and then in 2005.
It is noteworthy that in the West, either large financial structures, or leading companies producing military equipment, or giant companies with world renown names in their field of activity initially act as government partners or contractors. In Russia, this scheme is yet to be implemented. As noted by the captain of the second rank in reserve, member International Union journalists Maxim Shepovalenko, abroad, private capital from “truly third-party organizations” is involved in solving problems. “In Russia, there is another pocket of the same jacket: in fact, the Ministry of Defense is both the customer and the contractor represented by different companies,” the expert said. “In general, outsourcing to the army just happened out of the blue.”
The chairman of the Union of Committees of Soldiers' Mothers of Russia looks at the military reform that has begun with great optimism. Valentina Melnikova, which finds the results of the army's gradual transition to an outsourcing system largely positive compared to what was happening in the army in the 1990s. “The mess we faced in the early 1990s cannot even be dreamed of by today’s conscripts and officers. Now there are significantly fewer complaints about hunger, poor nutrition, and lack of material support,” Melnikova emphasized. “And military prosecutors probably remember those times when soldiers killed each other over food: such cases happened twice a year.” Nevertheless, the current system of supplying the army, despite the fact that it has outlived starvation, is still very far from perfect. One of its main drawbacks, according to experts, is the fact that absolutely all military expenditures are classified; For all items of expenditure, the Ministry of Defense reports only to the Accounts Chamber. “If we, citizens, cannot control to a reasonable extent what happens to the budget money allocated by the state for our officers and soldiers, what can we talk about?” – asks Valentina Melnikova. She is confident that correctly organized military outsourcing is useful as new system service, since due to the involvement of civilian firms it should be more transparent and controlled. Thus, public control over the expenditure of part of the budget funds will ensure openness of competition between outsourcing companies, as well as openness of the mechanism of their work. “Besides, our country still has a professional army looming ahead,” Melnikova believes. - In such circumstances, the military will even more so have to deal only with their own professional activity, and not sit in the kitchen or clean the area.”
Human rights activist, chairman of the public organization “Soldiers’ Mothers of St. Petersburg” Ella Polyakova called for a more careful approach to the reform of the Russian army. “Yes, some basic care for people has appeared, but it is organized very crookedly,” she emphasized. As examples, the expert cited the infamous new uniform from a famous fashion designer Valentina Yudashkina, scolding her for the inconvenience and coldness, which is why an increase in the percentage of colds was recorded among soldiers, and the reorganization of military hospitals. “It is important for society to monitor the process of adopting such reforms, otherwise we end up with what we have now,” Polyakova is convinced.
Let us recall that the leader of the DLPR recently expressed claims to Valentin Yudashkin for the military uniform he developed. Vladimir Zhirinovsky. According to the politician, the Ministry of Defense decided to abandon this form, on the creation of which 170 million rubles were spent. He also added that the uniform ended up being cold and uncomfortable. “The money is spent. There must be responsibility, there must be an agreement with the author of such works. Well, here he walks, smiles, and we lose money,” Zhirinovsky said. In turn, the answer of the offended fashion designer to the politician added doubts about the expediency and legality of the extreme secrecy of military spending and the army support system as a whole. Valentin Yudashkin disowned the uniform worn by Russian soldiers and published on his microblog a photo of the uniform he designed. “The currently supplied field uniform (winter field suit and summer field suit) has nothing in common either in design or technology with the samples developed by our company and approved by the Minister of Defense and the Supreme Commander-in-Chief,” says a statement from Valentin Yudashkin LLC. . “We are surprised by the fact that no one has asked fair questions to date: who supplies uniforms for planned supply to the Armed Forces, where is it produced, what fabrics and materials are used for its production? When answers to these questions are received, it will become clear to everyone what relation the Valentin Yudashkin company has to the uniform that is worn in the army today.”
“The Ministry of Defense is a monopolist that does not want to share money with anyone,” concluded Viktor Litovkin, thereby naming the main feature of military outsourcing in Russia.
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