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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102033295

RUSSIAN FEDERATION FEDERAL law on procurement and supply of agricultural products, raw materials and food for the State needs October 26, 1994 the State Duma Adopted the year approved by the Federation Council of the year November 17, 1994 (as amended by the federal laws from 01/10/2003 N 15-FL;
from 2/2/2006 N 19-FZ; from 28.12.2010. N 415-FZ;
from 19/07/2011 N 248-FZ) this federal law establishes the General legal and economic principles and conditions of formation and execution of the contractual purchase orders and supply of agricultural products, raw materials and food for the State needs enterprises, organizations and institutions situated in the territory of the Russian Federation, irrespective of their form of ownership. (As amended by the Federal Act of 2/2/2006 N 19-FZ), Article 1. The basic concepts used in the present Federal law (first part repealed Federal Act of 2/2/2006 N 19-FZ) purchase-a form of organized State purchase of agricultural products, raw materials and food producers (suppliers) for further processing or sale to the consumer (buyer) on mutually advantageous contractual terms.
The delivery form is organized by the contractual relationship between the manufacturer (supplier) and the consumer (buyer) ready to use agricultural products and food.
Article 2. Ensure State needs in agricultural products, raw materials and foodstuffs 1. Procurement and supply of agricultural products, raw materials and food for public use are carried out in order to: meet the agricultural products, raw materials and food for the Federal and constituent entities of the Russian Federation;
implementation of federal programmes for the development of agro-industrial production and other economic and social programmes aimed at food supply;
exports of agricultural products, raw materials and food;
formation of State reserves of agricultural products, raw materials and food;
ensure the necessary level of food defence and State security.
2. purchase and import (import) the types of agricultural products, raw materials and food for the State needs, the need for which is satisfied by producers in the Russian Federation are not produced at the expense of the federal budget and the budgets of the constituent entities of the Russian Federation.
To the far North and similar localities purchase and import (import) of agricultural products, raw materials and food for public use at the expense of the federal budget and the budgets of the constituent entities of the Russian Federation may be made in the manner prescribed by the legislation of the Russian Federation and constituent entities of the Russian Federation.
3. Agricultural products, raw materials and food are the property of the producers and sold them at its discretion on the basis of the economic benefits.
4. the Government of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation to promote the development of food markets, stabilization of inter-branch and interregional linkages and cost proportions, maintain price parity between agriculture and other sectors of the economy of the Russian Federation.
Article 3. Federal and regional funds for agricultural products, raw materials and foodstuffs 1. In the Russian Federation establishes two levels of formation of purchase orders and supply of agricultural products, raw materials and food to: Federal Government needs (Federal Fund);
Regional Government (regional funds).
2. Federal Fund created to meet the needs of agricultural products, raw materials and food areas of the far North and similar areas, ecologically polluted territories, defence and public security and equated to special users, regardless of their location, the cities of Moscow and St. Petersburg, formation of State food reserves and the operational reserve of the Government of the Russian Federation to ensure exports.
List and volume of purchases and supplies of agricultural products, raw materials and foodstuffs in the Federal Fund are determined by the Government of the Russian Federation and formed on a contractual basis, mainly in the areas of commodity production in the territory of the Russian Federation, and in the absence or lack of agricultural products, raw materials and food on the territory of the Russian Federation abroad.
3. regional funds are established to meet the needs of constituent entities of the Russian Federation in agricultural products, raw materials and food.

List and volume of purchases and supplies of agricultural products, raw materials and foodstuffs in regional fund are determined by the relevant executive authority of the Russian Federation and are formed on the basis of contracts with producers (suppliers), including personal auxiliary farms both in the territory of the Russian Federation and beyond its borders.
Throughout the territory of the Russian Federation are guaranteed the free movement of agricultural products, raw materials and food.
4. Agricultural products, raw materials and food, received the Federal Fund, are the property of the Russian Federation, regardless of where they are stored, and agricultural products, raw materials and food, received by the regional funds, the property of subjects of the Russian Federation.
5. the Government of the Russian Federation and the executive bodies of the subjects of the Russian Federation guarantees the purchase of agricultural products, raw materials and food for the prisoners to government contracts from manufacturers (suppliers) and enterprises processing agricultural raw materials. (As amended by the Federal Act of 2/2/2006 N 19-FZ), Grain, sugar beet, oilseeds, flax, cattle and poultry, milk, wool, proposed by the manufacturer to implement, purchased in full.
6. Agricultural products, raw materials and food that are supplied for public use, must comply with the mandatory requirements set out in accordance with the legislation of the Russian Federation on technical regulation, as well as the specific conditions established by government contracts. (As amended by the Federal Act of 19/07/2011 N 248-FZ), Article 4. State customers for agricultural products, raw materials and food for the State needs 1. The Government of the Russian Federation defines the governmental customers to form a Federal Fund of agricultural products, raw materials and food.
The executive bodies of the subjects of the Russian Federation defines the governmental customers for the formation of the regional fund for agricultural products, raw materials and food. (Repealed-Federal Act of 2/2/2006 N 19-FZ) (Repealed-Federal Act of 2/2/2006 N 19-FZ)
2. State customers: carry out selection of producers (suppliers) of agricultural products, raw materials and food for public use;
define specific consumers (buyers) and the timing of purchases and supply of agricultural products, raw materials and food for public use;
negotiate with customers (buyers) range, volumes and delivery them agricultural products, raw materials and food for public use;
guarantee producers (suppliers) payment for agricultural products, raw materials and food for the State needs at prices and terms, which are defined by government contracts. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
3. public authorities may transfer part of its role in the formation of purchase orders and supply of agricultural products, raw materials and food for the State needs enterprises, organizations and establishments, regardless of their form of ownership. (As amended by the Federal Act of 2/2/2006 N 19-FZ), Article 5. Formation of volume procurement and supply of agricultural products, raw materials and food for the State needs 1. In order to generate federal and regional funds for agricultural products, raw materials and food of the Government of the Russian Federation and the organs of executive power of the constituent entities of the Russian Federation determines the volume of purchases and supply types of agricultural products, raw materials and food for the next five years, with annual updating not later than six months before the beginning of the year and bring them to public customers.
State customers no later than three months prior to the beginning of the year, reported producers (suppliers) purchase volumes and supply types of agricultural products, raw materials and food.
2. the Government of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation stipulate annually in the respective budgets funds to build federal and regional funds.
3. (repealed-Federal Act of 2/2/2006 N 19-FZ), Article 6. Payments for agricultural products, raw materials and food purchased and shipped for State 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 public associations, expressing the interests of the producers (suppliers) and consumers (buyers), sets for agricultural products, raw materials and food for the State needs a guaranteed level of purchase prices, providing reimbursement of expenses and income manufacturer (supplier), sufficient for expanded reproduction.
2. the Government of the Russian Federation and the organs of executive power of the constituent entities of the Russian Federation before the start of the year, determine quotas for producers (suppliers) for the purchase of agricultural products, raw materials and food for the State needs at guaranteed prices.
Quotas can be set for producers (suppliers) throughout the territory of the Russian Federation or any part thereof.
3. in order to protect the consumer (buyer), the Government of the Russian Federation establishes the normative ratio between the value of procured raw materials and value generated from him the finished product, as well as the size limit trading price premiums for products supplied to the Federal Fund, bearing in mind the break even sales of finished products.
The right to appropriate regulation of prices of agricultural products, raw materials and food, originating in regional funds, is vested in the executive bodies of the subjects of the Russian Federation.
4. the Government of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation guarantee producers (suppliers) crop production, supplying it for public use, an advance payment in the amount of not less than 50 percent of the volume identified by the State contract, including 25 per cent after the conclusion of a public contract and 25 per cent upon completion of sowing and livestock products-payment of grants from the corresponding budget, ensuring the profitability of production. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
5. payments of legal entities are consumers (buyers) for agricultural products, raw materials and food for the State needs, producers (suppliers) located on the territory of the Russian Federation shall be by collection form calculations, if otherwise is not stipulated by the calculations public contracts. (As amended by the Federal Act of 2/2/2006 N 19-FZ) payment for agricultural products and raw materials delivered for processing and other businesses and organizations, as well as for food delivered commercial and other enterprises and organizations, in collection form calculations-ten days and on perishable goods-up to five days after receipt of payment documents in the payer's Bank.
In a sustained economic ties payments for agricultural products, raw materials and food for the State needs are implemented through compulsory payments at least three times a month.
6. the basic document determining the volume, range, quality, procurement and delivery of order, prices, terms and order of payment for the purchase and supply of agricultural products, raw materials and food for the State needs, property accountability, is the State contract, which regulates economic, legal and organizational-technical relations producers (supplier) and the consumer (buyer). (As amended by the Federal Act of 2/2/2006 N 19-FZ) state contract is considered valid for the contract prices, which at the time of his imprisonment were determined by agreement between the manufacturer (supplier) and the consumer (buyer), and cannot be subsequently terminated by one of the parties based on disagreement with the established price. Some in the public contract at the time of the calculation of the prices of imported and supplied agricultural produce, raw materials and food for public use are indexed to inflation. (As amended by the Federal Act of 2/2/2006 N 19-FZ) (Repealed-Federal Act of 2/2/2006 N 19-FZ) State contract for the purchase and supply of agricultural products, raw materials and food for public use is before the beginning of the year. (As amended by the Federal Act of 2/2/2006 N 19-FZ) Article 7. Stimulation of procurement and supply of agricultural products, raw materials and food for the State needs 1. To economic incentives procurement and supply of agricultural products, raw materials and food for the State needs producers (suppliers) can be granted tax privileges;
targeted grants and subsidies;
loans on preferential terms;
currency funds left on concessional terms in their possession when the sale of agricultural products, raw materials and food for export;

allocations from the federal budget, necessary to ensure the growth of volumes of manufacture and supply of agricultural products, raw materials and food.
Types, sizes and order of granting of economic and other benefits are established by the legislature of the Russian Federation and constituent entities of the Russian Federation, the Government of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation, within the limits of their competence to government contracts. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
2. State contract may include specific incentives for producers (suppliers), established in the manner provided for in paragraph 1 of this article, as well as other conditions which aim at stimulating the procurement and supply of agricultural products, raw materials and food for public use. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
3. State customers provide producers (suppliers) of agricultural products, raw materials and food for the State needs material and financial (including currency) resources for: procurement means the protection of plant and animal pests and diseases;
purchase high quality seed and planting stock, breeding animals;
construction of stores, shops for processing of agricultural products;
the acquisition of technical and technological equipment, modern technology and research related to the production, processing, storage and marketing of agricultural products, raw materials and food for public use.
Article 8. Liability for nonperformance and improper fulfilment of obligations under the procurement and supply of agricultural products, raw materials and food for the State needs 1. When the failure or improper performance by the Government of the Russian Federation and the bodies of the Executive power of the constituent entities of the Russian Federation guarantees to allocate public funds to customers resulting penalties and damages shall be reimbursed by manufacturers (vendors) and consumers (buyers) from the funds of the respective budgets.
2. In case of nonperformance or improper performance by one party state contract obligations under state contract, that party shall compensate the other party caused by such nonperformance or improper performance losses and bears a different responsibility, established by the legislation of the Russian Federation and the State contract. (As amended by the Federal Act of 2/2/2006 N 19-FZ), Vendor (supplier) are not performed or is improperly performed obligations contained in the public contract may be deprived totally or partially right to benefits established in the manner provided for in paragraph 1 of article 7 of this federal law. (As amended by the Federal Act of 2/2/2006 N 19-FZ), payment of a penalty and compensation for damages in case of nonperformance or improper performance of an obligation does not absolve the guilty party from performance of the obligation in kind, unless otherwise stipulated by the State contract. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
3. (repealed-Federal Act of 2/2/2006 N 19-FZ) 4. (Repealed-Federal Act of 2/2/2006 N 19-FZ)
5. disputes arising between manufacturers (vendors) and consumers (buyers), certain governmental customer, upon conclusion, modification, termination and enforcement of public procurement contracts and the supply of agricultural products, raw materials and food for the State needs, including disputes about compensation of damages are dealt with by a court or arbitral tribunal in the prescribed manner, and by agreement of the parties to the arbitral tribunal. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
6. The Parties shall not be liable for the total or partial failure to perform obligations under the State contract in case of unforeseen circumstances arising after its conclusion as a result of extraordinary events (drought, flood, gradobitie and other force-majeure circumstances) that the parties were unable to anticipate and prevent. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
7. For delayed payment and purchased agricultural products, raw materials and food for the State needs, as well as for failure to advance agricultural consumers (buyers) to pay a penalty in favour of producers (suppliers) in the amount of 2% of the amount paid late production for each day of delay in payment and pay late more than 30 days at a rate of 3 per cent. (As amended by the Federal law dated 28.12.2010. N 415-FZ) Article 9. The order of this federal law's coming into force 1. Enforce this federal law on the day of its official publication.

2. Article 2 shall be declared null and void as it relates to Government support of the production and processing of grain, and part three of article 3 of the law of the Russian Federation "on grain" from May 14, 1993 4973 n-I (Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, no. 22, p. 799).
3. The Government of the Russian Federation: bring regulatory legal acts in compliance with this federal law;
ensure the abrogation by the ministries and other federal bodies of executive power of their normative acts that contravene the present Federal law.
Russian President Boris Yeltsin in Moscow, the Kremlin December 2, 1994 N 53-FZ