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Procurement And Supply Of Agricultural Products, Raw Materials And Food For State Needs

Original Language Title: О закупках и поставках сельскохозяйственной продукции, сырья и продовольствия для государственных нужд

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RUSSIAN FEDERATION FEDERAL LAW On procurement and supply of agricultural products, raw materials and food for state needs adopted by the State Duma October 1994 approved by the Federation Council on 17 November 1994 (In the federal laws dated 10.01.2003 N 15-FZ; of 02.02.2006 N 19-FZ; of 28.12.2010 N 415 FZ; , 19.07.2011 N 248-FZ) This Federal Law sets out general legal and economic principles and provisions for the formation and performance of purchase orders and delivery orders -Agricultural produce, raw materials and food for the state needs of enterprises, organizations and institutions located in the territory of the Russian Federation, irrespective of the form of ownership. (In the wording of Federal Law of 02.02.2006) N 19-FZ) Article 1. Basic concepts used in this Federal Law (Part One is no longer valid-Federal Law 02.02.2006 N 19-FZ ) Purchase-form of organized procurement by the state of agricultural products, raw materials and food from producers (suppliers) for processing or sale to the consumer (buyer) of mutually advantageous contractual terms. Delivery is the form of arranged contractual relations between the producer (supplier) and the consumer (buyer) ready to use agricultural products and food. Article 2: Ensuring public needs agricultural products, raw materials and food 1. Purchasing and supply of agricultural produce, raw materials and food for public needs are: meeting agricultural products, raw materials and food items of federal needs and needs of the Russian Federation; Federal programmes for the development of agro-industrial production, other economic and social programmes aimed at supplying the population with food; Agricultural produce, raw materials and food; The formation of state reserves of agricultural products, raw materials and food; to provide the necessary level of food supply to the defence and state security forces. 2. The purchase and import (import) of those types of agricultural products, raw materials and foodstuffs for which the needs of the Russian Federation are satisfied are not produced at the expense of the federal budget; and THE RUSSIAN FEDERATION For the regions of the Far North and similar areas, the purchase and import (import) of agricultural produce, raw materials and food for state needs from the federal budget and the federal subjects of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. Agricultural products, raw materials and food are the property of the producers and exercised at their discretion in accordance with the economic benefits. 4. The Government of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation contribute to the development of food markets, the stabilization of intersectoral and inter-regional ties and the value of the prices. parity between agriculture and other sectors of the Russian economy. Article 3. Federal and regional funds agricultural products, raw materials and food 1. The Russian Federation sets two levels of purchase orders and supply of agricultural produce, raw materials and food for: federal funds (federal fund); Public needs (regional funds). 2. The Federal Fund is designed to meet the needs of agricultural products, raw materials and food in areas of the Far North and similar areas, ecologically contaminated areas, defence forces and national security and similar special consumers, regardless of their location, the cities of Moscow and St. Petersburg, the formation of state food reserves and the operational reserve of the Government of the Russian Federation, and provision of export supplies. The list and volumes of purchases and supplies of agricultural products, raw materials and food to the federal fund are determined by the Government of the Russian Federation and are formed on a contractual basis mainly in the areas of OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. Regional funds are established to meet the needs of the constituent entities of the Russian Federation for agricultural products, raw materials and food. " The list and volume of purchases and supplies of agricultural products, raw materials and food to the regional fund are determined by the relevant executive authority of the constituent entity of the Russian Federation and formed on the basis of treaties with producers (suppliers), including private farms, both within and outside the territory of the Russian Federation. The free movement of agricultural products, raw materials and food is guaranteed throughout the Russian Federation. 4. Agricultural products, raw materials and food received by the federal fund are the property of the Russian Federation, regardless of where they are stored, but agricultural products, raw materials and food from the regional The funds are the property of the constituent entities of the Russian Federation. 5. The Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation guarantee the purchase of agricultural products, raw materials and food from the contracted State contracts . Commodity producers (suppliers) and producers of agricultural raw materials. (In the wording of Federal Law of 02.02.2006) N 19-FZ) Grain, sugar beet, oilseeds, laziness, cattle and poultry, milk, wool offered by the producer for sale are purchased in full. 6. Agricultural products, raw materials and food supplied for public use must comply with the mandatory requirements established under the laws of the Russian Federation on technical regulation, as well as Special conditions established by public contracts. (In the wording of the Federal Law of 19 July 2011, N 248-FZ) Article 4. State customers for agricultural products, raw materials and food for public use 1. The Government of the Russian Federation defines the state customers for the formation of a federal fund for agricultural products, raw materials and food. The executive authorities of the constituent entities of the Russian Federation define state customers for the formation of regional funds for agricultural products, raw materials and food. (Spconsumed by Federal Law of 02.02.2006) N 19-FZ) (Unused-Federal Law of 02.02.2006 N 19-FZ 2. Government customers: select producers (suppliers) of agricultural products, raw materials and food for state purposes; identify specific consumers (purchasers) and procurement lead times and supply of agricultural produce, raw materials and food for public needs; shall be agreed with the consumers (purchasers) of the range, quantity and time of supply of agricultural products, raw materials and food for Public Needs; Commodity producers (suppliers) pay for agricultural products, raw materials and food for state needs at prices and in terms that are determined by state contracts. Federal Law of 02.02.2006 N 19-FZ 3. Government customers can transfer part of their functions to purchase orders for the purchase and delivery of agricultural products, raw materials and food for public use by enterprises, organizations and institutions independently of Form of ownership. (In the wording of Federal Law of 02.02.2006) N 19-FZ) Article 5. Formation of procurement and supply of agricultural products, raw materials and food for public needs 1. In order to form federal and regional funds of agricultural products, raw materials and food, the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation determine the volume of purchases and supplies by type -Agricultural produce, raw materials and food for the next five years, with an annual specification not later than six months before the beginning of the year and bring them to state customers. State customers, no later than three months before the start of the year, report to producers (suppliers) the volume of purchases and supplies in terms of agricultural products, raw materials and food. 2. The Government of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation annually provide for the establishment of federal and regional funds in the respective budgets. 3. (Spconsumed by Federal Law of 02.02.2006 N 19-FZ) Article 6. Agricultural, raw and food purchased and delivered for public needs 1. The Government of the Russian Federation annually, in consultation with the executive authorities of the constituent entities of the Russian Federation and representatives of voluntary associations representing the interests of producers and consumers (purchasers), installs agricultural produce, raw materials and food for public needs at a guaranteed level of purchase prices, which provides for the recovery of material costs and the receipt of income by a producer (supplier) sufficient for of expanded reproduction. 2. The Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation, prior to the beginning of the year, define quotas for the purchase of agricultural produce, raw materials and food for public goods (suppliers). guaranteed prices. Quotas can be established for producers (suppliers) throughout the Russian Federation or on any part thereof. 3. In order to protect the consumer (buyer), the Government of the Russian Federation sets the standard ratio between the value of the purchased raw materials and the value of the finished goods produced from it, as well as the limit on the amount of the trade allowances to be produced for products supplied to the federal fund, taking into account the unprofitable implementation of finished products. The authorities of the constituent entities of the Russian Federation are vested with the right to regulate the prices of agricultural products, raw materials and food submitted to regional funds. 4. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Percentage of the value of deliveries specified by a state contract, including 25 per cent after the conclusion of the State Contract and 25 per cent after the conclusion of the sowing, and for products for livestock raising-payment of subsidies from the respective budget, ensuring the profitability of its production. (In the wording of Federal Law of 02.02.2006) 19 FZ 5. The calculations of legal entities that are consumers (purchasers) of agricultural produce, raw materials and food for state needs, with producers (suppliers) located in the territory of the Russian Federation are produced by means of a cash settlement, unless otherwise specified by state contracts. (In the wording of Federal Law 02.02.2006. N 19-FZ Period for payment for agricultural products and raw materials supplied to processing and other enterprises and organizations, as well as for food supplied by trade and other enterprises and organizations ten days, and for perishable goods, up to five days after the receipt of the settlement documents to the bank of the payer. If there are sustainable economic linkages, the calculations for agricultural products, raw materials and food for public use are made through mandatory payments at least three times a month. 6. Main document defining the scope, range, quality, procurement and supply chain, prices, terms and procedures for the purchase and supply of agricultural produce, raw materials and food for public needs, and property liability is a state contractthat regulates economic, legal and organizational-technical relations of the producer (supplier) and consumer (buyer). (In the wording of Federal Law of 02.02.2006) N 19-FZ) State contract is considered to be valid at the contract prices that were determined by the agreement between the producer (supplier) and the consumer at the time of its conclusion (the buyer), and may not be subsequently terminated by one of the parties on the basis of disagreement with the established price. At the time of the calculation of the price of the purchased and delivered agricultural products, raw materials and food for public use, as defined in the State Contract , the level of inflation is adjusted. (In the wording of Federal Law of 02.02.2006) N 19-FZ) (Unused-Federal Law of 02.02.2006 N 19-FZ) State contract for the purchase and supply of agricultural produce, raw materials and food for public needs is until the beginning of the year. (In the wording of Federal Law of 02.02.2006) N 19-FZ) Article 7. Promotion of procurement and supply of agricultural products, raw materials and food for public needs 1. In order to provide economic incentives for the procurement and supply of agricultural produce, raw materials and food for public needs, producers (suppliers) may be provided with: tax benefits; Targeted grants and subsidies; concessional loans; monetary funds left on preferential terms for marketing of agricultural products, raw materials and food for export; federal budget allocation Increase in production and supply of agricultural produce, raw materials and food. The types, sizes and procedures of economic and other benefits are established by the legislative authorities of the Russian Federation and the constituent entities of the Russian Federation, the Government of the Russian Federation and the executive branch. Subjects of the Russian Federation within their competence until the conclusion of the state contracts. (In the wording of Federal Law 02.02.2006 N 19-FZ 2. A public contract may include specific benefits to manufacturers (suppliers) established in accordance with the procedure provided for in paragraph 1 of this article, as well as other conditions which are intended for To stimulate the procurement and supply of agricultural products, raw materials and food for public needs. (In the wording of Federal Law of 02.02.2006) N 19-FZ 3. Government customers provide producers (suppliers) of agricultural products, raw materials and food to public needs of material and financial (including currency) resources for: procurement of protective equipment of plants and animals from pests and diseases; procurement of high-quality seeds and planting material, breeding animals; construction of warehouses, processing plants for agricultural products; acquisition of equipment and technology equipment, Modern technologies and research related to the production, processing, storage and sale of agricultural products, raw materials and food for public needs. Article 8. Responsible for failure and inadequate fulfillment of obligations on purchases and supplies of agricultural products, raw materials and food for state needs 1. In the event that the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation do not perform or do not perform the necessary guarantees for the allocation of financial resources to the State customers, the penalties and losses resulting from these penalties are incurred. Commodity producers (suppliers) and consumers (purchasers) are reimbursed from the respective budgets. 2. In the event of default or improper performance by one of the parties to a public contract of obligations under a public contract, the party shall reimburse the other party for the resulting default or improper performance. The law of the Russian Federation and the state contract bear a different responsibility. (...) (...) N 19-FZ) Commodity producer (supplier) who has not performed or performed improperly the obligations contained in the State Contractmay be denied, in whole or in part, the right to To receive benefits established in accordance with the procedure set out in article 7, paragraph 1, of this Federal Act. (In the wording of Federal Law of 02.02.2006) N 19-FZ ) Unliquidated damages and damages in the event of default or improper performance of the obligation do not release the guilty party from the performance of the obligation, unless otherwise provided class="ed"> state contract. (In the wording of Federal Law of 02.02.2006 N 19-FZ 3. (Spconsumed by Federal Law of 02.02.2006) N 19-FZ 4. (Spconsumed by Federal Law of 02.02.2006) 19 FZ 5. Disputes between producers (suppliers) and consumers (purchasers) determined by the public customer, when entering, modifying, terminating and executing government contracts for procurement and The supply of agricultural products, raw materials and food for public purposes, including disputes over compensation for damages, are considered by the court or arbitral tribunal in accordance with the established procedure, and by the agreement of the arbitral tribunal. (In the wording of Federal Law of 02.02.2006) N 19-FZ 6. Parties are exempt from liability for the full or partial default of the obligations under the State contract in the event of unforeseen circumstances arising after its conclusion as a result of the events of emergency of the nature (drought, flooding, graffiti and other force majeure) that the parties could not foresee and prevent. (In the wording of Federal Law of 02.02.2006) 19 FZ 7. The late payment of purchased and delivered agricultural products, raw materials and food for public needs, as well as late advance of crop production, consumers (buyers) pay the penalty in favor 2 per cent of late payment for each day of late payment and in late payment for more than 30 days in the amount of 3 per cent. (In the wording of Federal Law No. N 415 FZ) Article 9. The procedure for the introduction of this Federal Act 1. This Federal Law will be enacted on the date of its official publication. 2. Recognize article 2, which is no longer valid, on State support for grain production and processing, and part three of article 3 of the Russian Federation Act " About seeds" dated 14 May 1993. N 4973-I of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, 799). 3. To the Government of the Russian Federation: Bring normative legal acts into conformity with this Federal Law; to ensure that ministries and other federal executive bodies have repealed their regulations, that are contrary to this Federal Act. President of the Russian Federation B. Yeltsin Moscow, Kremlin 2 December 1994 N 53-FZ