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On The Supply Of Products And Goods For Public Use

Original Language Title: О поставках продукции и товаров для государственных нужд

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Spagle Force-Federal Law of 13.12.94 N 60-FZ A, K O N O About the supply of products and goods for state needs This Law sets general legal and economic Principles and provisions for the formation, placement and performance of orders for the purchase and supply of products (goods, works, services) * for the public needs of enterprises, organizations and institutions, regardless of the form of the contract in the territory of the Russian Federation. __________________________ * subsequently products. Article 1. Supply of goods for state needs 1. The state needs are the need of the Russian Federation in products necessary for solving national problems, realization of socio-economic, defense, scientific-technical, environmental and other targeted programs, as well as other tasks. State needs are provided from the budget and extrabudgetary sources available to meet these challenges. 2. Deliveries for public needs are being carried out to provide: federal targeted programmes (including integrated federal programmes, including basic research, development and research). Russian Federation; interstate target programmes in which the Russian Federation participates; exports of products for the performance of international economic, including monetary, OF THE PRESIDENT OF THE RUSSIAN FEDERATION necessary for the creation and maintenance of State material reserves of the Russian Federation; to maintain the necessary level of defense and state security. 3. In accordance with the structure of the State administration and the budget structure of the Russian Federation, two levels of formation and placement of purchase orders and supply orders are established: In the Russian Federation, the autonomous regions, the autonomous prefects, the provinces, the cities of Moscow and St. Petersburg. Article 2: Basic design and implementation principles target 1. The development of federal and inter-State targeted programmes (in which the Russian Federation is a party) is organized by the Russian Federation Government bodies, as defined by the Government of the Russian Federation, and regional OF THE PRESIDENT OF THE RUSSIAN FEDERATION Targeted programmes are designed to take into account the development of relevant budgets. When designing targeted programs, you need to ensure: Priority in addressing socio-economic, defense, scientific, technical, environmental and other critical tasks; the result and the necessary economic effect (from one to five years); linking financial, material and labour resources; coherence and complexity of sectoral and regional objectives. 2. The procedure for the development and implementation of federal and interstate targeted programmes, as well as the list of other federal state needs referred to in article 1 of this Law, shall be established by the Government of the Russian Federation and regional organizations. Target programmes and a list of other regional governmental needs-Council of Ministers (Governments) of the Republics within the Russian Federation, bodies of the Autonomous Region, autonomous regions, autonomous regions, regions, cities Moscow and St. Petersburg. Federal and interstate target programs and the list of other federal needs are approved by the Supreme Soviet of the Russian Federation on the submission of the Government of the Russian Federation and financed by OF THE PRESIDENT OF THE RUSSIAN FEDERATION Regional special programmes and other regional state needs are approved by the Supreme Councils of the Republics within the Russian Federation, the Councils of People's Deputies of the Autonomous Region, the Autonomous Regions, and the Regions, The regions, cities of Moscow and St. Petersburg are presented by their public administration bodies and financed from the respective budgets, as well as from extrabudgetary sources, attracted for these purposes. All target programs must be provided with appropriate economic incentives. 3. In order to carry out federal and inter-State programmes, the Government of the Russian Federation shall determine the State clients that ensure the implementation of these programmes and submit them to the Supreme Court for approval. THE RUSSIAN FEDERATION 4. In approving federal and interstate target programs, as well as a list of other state needs, the state customers are provided with the necessary financial means, including currency, and they are responsible for the execution of these programmes and public needs. Article 3. { \cs6\f1\cf6\lang1024 } Create and place { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } Purchase orders and products are created and placed in enterprises, organizations, institutions (suppliers) through the conclusion of public contracts: to provide federal and interstate targeted programmes -State customers of these programmes; to provide other federal government needs-state customers, determined by the Government of the Russian Federation; to provide regional targeted and other regional public needs- By state customers, defined by the Councils of Ministers (Governments) of the Republics within the Russian Federation and the relevant bodies of the State administration of the autonomous region, autonomous prefects, regions, regions, cities of Moscow and St. Petersburg. 2. The public contract is the main document defining the rights and obligations of the public customer and the provider of public needs. It regulates the economic, legal and organizational relations of the supplier with the state customer acting as the buyer. The modification or termination of a State contract shall be subject to agreement by the parties and shall be subject to an additional agreement. State customers provide suppliers with financial resources for the implementation of government contracts. Suppliers will acquire the material resources they need to perform public contracts on their own. 3. The products supplied under government contracts must meet the mandatory requirements of State standards and the special conditions established by those contracts. The quality requirements of products that ensure safety for life and health of the population, protection of the environment, compatibility and interchangeability of products are mandatory. 4. State customers: , based on the interests of the State, the possible choice of suppliers to enter into public contracts with them through competitive selection, the organization of federal, regional and regional organizations. Tendering and other activities; , in advance of the deadline agreed upon by the supplier, specify the specific recipients of the products delivered under the government contract; coordinate with the recipients of the item, volumes and time frames for public goods requirements; guarantee suppliers the payment by third parties of products supplied for public needs at prices specified by the state contract. The order of payment for the delivered goods is determined by the state contract. 5. Government customers can transfer part of their functions to government agencies, businesses, organizations and institutions, including purchase orders and delivery for public use. 6. The procedure for the procurement and supply of products for public use shall be established by the Government of the Russian Federation in accordance with this Law. Article 4. Stimulating delivery of production for public use 1. In order to provide economic incentives to suppliers of products for public purposes, they may be granted, in accordance with the legislation of the Russian Federation: benefits of income tax (income), earmarked grants and subsidies; current and long-term concessional loans; funds made available on preferential terms for export; increase in the supply of products for public use . The views, size and distribution of economic and other benefits are established by the Supreme Soviet of the Russian Federation, the Supreme Soviet of the Russian Federation and the Councils of People's Deputies of the Autonomous Oblast, of the autonomous prefects, regions, regions, cities of Moscow and Saint Petersburg, by the Councils of People's Deputies in adopting a specific programme, as well as a list of other public needs, or on the representation of the relevant bodies of the State Management. 2. The State contract may provide for the specific benefits listed in article 4, paragraph 1, of this Law, as well as conditions to encourage suppliers of products for public use. Article 5. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \b In the case of failure or improper performance by one party of the obligations of a State contract, this party: shall indemna the other party for the resulting loss; is deprived of the right to To receive the benefits listed in article 4 (1) of this Law and provided for in the State Contract; is otherwise liable under the laws of the Russian Federation and the state contract. 2. Suppliers that dominate the product market for the sale of certain types of products or have a technological monopoly on the production of certain products may not refuse to award public contracts in the market. If placing an order does not cause a loss from the production of the order. If the supplier fails to evade government contracts for the supply of products for public use in cases where the contract is contracted by this Law, the supplier will pay the buyer A fine in the amount of the value of the goods defined in the draft contract. 3. In the event of failure to comply with the State output contract, the supplier pays the buyer a penalty of 50 per cent of the value of the undelivered output. The non-liquidated obligation is recovered prior to the actual performance of the obligations, taking into account the undelivered quantity of products in the previous period of delivery. In the event of failure to comply with the obligations under the State contract, in addition to the payment of liquidated damages, the suppliers shall also compensate the buyer for the damages. Products that do not meet the requirements specified in article 3, paragraph 3, of this Law, as well as incomplete, are deemed undelivered. 4. The State customer is entitled to refuse (in whole or in part): from a product produced under a public contract, provided that full compensation is paid to the supplier for the damages incurred in accordance with the law in force; from payment for products that do not meet the requirements of regulatory and technical documentation established by law to determine the quality of products. 5. Disputes arising between the supplier and the public contracting authority for the conclusion, modification, termination and execution of state contracts for the supply of products for public purposes, as well as for damages suffered, are dealt with in the by a court or arbitral tribunal, as established by law. President of the Russian Federation ELTSIN Moscow, House of Soviet Russia 28 May 1992 N 2859-I