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Expired-the Federal law dated 13.12.94 N 60-FZ z and c o n RUSSIAN FEDERATION about supplying products and goods for public use this law establishes the General legal and economic principles and conditions of formation, properties and performance of the contract (contract) basis of purchase orders and delivery of production (goods, works, services) for State needs enterprises, organizations and establishments, regardless of their form of ownership located on the territory of the Russian Federation.
_ * hereinafter referred to as products.
Article 1. Deliveries for State needs 1. Public service expenditures-is the need for the Russian Federation in production necessary to solve national problems, the implementation of socio-economic, defense, scientific, technical, environmental and other targeted programs, as well as other tasks. State needs to be met through budgetary and extra-budgetary resources for these tasks.
2. Deliveries for State needs are carried out in order to ensure: federal targeted programmes (including the Federal integrated programmes, including basic research, research and development) development of the Russian Federation;
inter-State programmes involving the Russian Federation;
export supplies to perform international economic, including monetary obligations of the Russian Federation;
supplies needed to create and maintain state material reserves of the Russian Federation;
maintaining the necessary level of defense capability and national security.
3. In accordance with the structure of the organs of State administration and budgetary device of the Russian Federation establishes two levels of formation and placement of purchase orders and product delivery: for Federal State needs;
the regional government needs republics within the Russian Federation, the autonomous region and autonomous areas, territories, oblasts, cities of Moscow and St. Petersburg.
Article 2. Basic principles for development and implementation of targeted programmes 1. Development of federal and Interstate targeted programs (in which the Russian Federation) is organized by the Government of the Russian Federation, defined by the Government of the Russian Federation and regional targeted programmes-Ministerial Councils (Governments) of the Republics comprising the Russian Federation and the Government of the autonomous region and autonomous areas, territories, oblasts, cities of Moscow and St. Petersburg.
Targeted programmes are designed on the basis of formation of the relevant budgets.
In the development of targeted programmes must ensure priority in addressing the socio-economic, defense, scientific, technical, environmental and other critical tasks;
a particular deliverable, and obtaining the necessary economic effect (from one to five years);
link financial, material and human resources;
coherence and complexity decisions of sectoral and regional objectives.
2. the procedure for the development and implementation of federal and Interstate programmes as well as a list of other Federal Government needs referred to in article 1 of this law, shall be established by the Government of the Russian Federation and regional targeted programmes and other regional State needs-Ministerial Councils (Governments) republics within the Russian Federation, the Government of the autonomous region and autonomous areas, territories, oblasts, cities of Moscow and St. Petersburg.
Federal and Interstate programs and a list of other Federal Government needs shall be approved by the Supreme Soviet of the Russian Federation on the proposal of the Government of the Russian Federation and are financed from the federal budget of the Russian Federation and extra-budgetary resources for the execution of those programmes and to meet the needs under the State guarantees.
Regional targeted programmes and other regional public needs shall be approved by the Supreme Soviets republics within the Russian Federation, the Councils of people's deputies of the autonomous region and autonomous areas, territories, oblasts, cities of Moscow and St. Petersburg as they are submitted to the Government and are funded by their respective budgets, and extrabudgetary resources mobilized for this purpose.
All programmes must be provided with appropriate conditions for economic stimulation.
3. To organize work on the implementation of the federal target programmes and between the Government of the Russian Federation defines the governmental customers, ensuring the implementation of those programmes and shall submit them for approval to the Supreme Soviet of the Russian Federation.
4. In approving the Federal and Interstate programmes as well as the list of other State needs, State customers are allocated the necessary financial resources, including foreign exchange, and they are responsible for the implementation of these programmes and ensuring the public's needs.
Article 3. Formation and placement volumes of deliveries for State needs 1. Orders for the purchase and supply of products generated and posted on the enterprises, organizations, institutions (suppliers) through the Government contracts: to ensure federal and Interstate target program-state customers of those programmes;
to ensure that other Federal Government needs-State customers, defined by the Government of the Russian Federation;
to ensure regional targeted programmes and other regional State needs-State customers, defined by the Ministerial Councils (Governments) of the Republics comprising the Russian Federation and the relevant bodies of the public administration of the autonomous region and autonomous areas, territories, oblasts, cities of Moscow and St. Petersburg.
2. State contract is the principal document determining the rights and obligations of the State of the customer and the vendor to ensure public needs. It regulates economic, legal and organizational-technical relations with the public provider customer as buyer.
Modification or termination of the Government contract is effected by agreement of the parties and an additional agreement.
State customers provide suppliers of financial resources for the implementation of public contracts.
Suppliers independently acquire material resources necessary for the execution of government contracts.
3. Products supplied to public contracts must comply with the mandatory requirements of State standards and the particular conditions established by these contracts.
To include the mandatory quality requirements, to ensure its safety for life and health, environmental protection Wednesday, compatibility and interchangeability of products.
4. State customers: carry out, on the basis of the interests of the State, the possible choice of suppliers for their Government contracts through competitive methods of selection, the Organization of the Federal, regional trading and other activities;
in advance, within the agreed time frame indicate provider specific recipients of products supplied in accordance with government contract;
coordinate with recipients range, size and timing of the supplied products for public use;
guarantee the payment of third party suppliers of products supplied to public needs at prices that defined the State contract. Payment for delivered products is determined by the State contract.
5. public authorities may on contract (contract) basis to transfer bodies of State administration, enterprises, organizations and institutions to perform part of their functions, including the formation of purchase orders and deliveries for State needs.
6. procedure of purchase and supply of products for public use shall be established by the Government of the Russian Federation in accordance with the present law.
Article 4. Encouraging the execution of deliveries for State needs 1. Economic incentive to suppliers of products for public use in accordance with the legislation of the Russian Federation can grant privileges on income tax (income), targeted grants and subsidies;
current and long-term loans on preferential terms;
currency funds left on concessional terms in their possession when selling products for export;
allocations from the State budget, necessary to ensure the growth of the volumes of deliveries for State needs.
Types, sizes and order of granting of economic and other benefits are established by the Supreme Council of the Russian Federation, the Supreme Soviets republics within the Russian Federation, the Councils of people's deputies of the autonomous region and autonomous areas, territories, oblasts, cities of Moscow and St.-Petersburg councils of people's deputies in approving the specific target of the program, as well as the list of other public needs or on presentation of the relevant organs of public administration.
2. In the public contract may provide for specific benefits listed in paragraph 1 of article 4 of this law, as well as the conditions to encourage suppliers of products for public use.
Article 5. Responsibility for the failure of deliveries for State needs 1. In the event of failure or improper fulfillment of one of the parties obligations under state contract, that party: other side caused by the losses;
is disqualified from receiving benefits, listed in paragraph 1 of article 4 of this law provided prisoners state contract;
bears a different responsibility, established by the legislation of the Russian Federation and the State contract.
2. suppliers who occupy a dominant position on the market for the sale of certain products or nuclear technological monopoly on the manufacture of certain products that do not have the right to refuse Government contracts if placing an order does not entail loss of its production.
When an unjustified refusal by a supplier from government contracts for the supply of products for public use in cases where the obligation to contract is established by the present law, supplier shall pay to the buyer the fine in the amount of the cost of production, as defined in the draft contract.
3. In the event of failure to comply with a Government contract in volume products within the prescribed period, the supplier shall pay to the purchaser a penalty equal to 50 percent of the nedopostavlennoj products. The penalty is levied before the actual execution of the obligations in the light of unmapped quantity in the previous period of delivery. When non-compliance under the State contract, in addition to the penalty, vendors reimburse losses incurred by the buyer as well.
Products not corresponding to the requirements specified in paragraph 3 of article 3 of this law, as well as the balance is considered incomplete.
4. the customer has the right to cancel (completely or partially): from products manufactured under the State contract with full compensation to the provider of the losses in accordance with the applicable law;
from the payment of products not conforming to the requirements of normative and technical documentation established by the legislation for determining the quality of products.
5. Disputes arising between the supplier and the customer, upon conclusion of the state change, termination and enforcement of government contracts for the supply of products for public use, as well as on compensation for damages shall be dealt with in accordance with the procedure established by law by a court or arbitral tribunal.
The President of the Russian Federation, b. YELTSIN Moscow, Russia May 28, 1992 House Tips N 2859-I
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