Spconsumed by Federal Law September 29, 2012 N 275-FZ RUSSIAN FEDERATION FEDERAL LAW On State Defence Order Adopted by the State Duma on November 24, 1995 class="ed">(Revision of federal laws of 06.05.99 grams) N 97-FZ; of 02.02.2006 N 19-FZ; dated 01.12.2007 N 318-FZ; , 19.07.2011 N 248-FZ; of 06.12.2011 N 409-FZ) This Federal Law sets out general legal and economic principles, the procedure for the formation, placement, financing and execution of the state defense order, and regulates relations in in this area. Article 1. Basic terms In this Federal Act the following basic terms are used: State Defence Order (hereinafter referred to as the Defence Order)-a legal act providing for the supply of products to the federal states OF THE PRESIDENT OF THE RUSSIAN FEDERATION Materials, performance and services (hereinafter referred to as "products" OF THE PRESIDENT OF THE RUSSIAN FEDERATION Customer of the defense order (hereinafter referred to as the state customer) is the federal executive authority, the State Atomic Energy Corporation "Rosatom", which orders the development, production, supply of products (works, services) Defence order. State customer of arms and military equipment, research and development work on their development, as well as on the creation of new technologies of production of weapons and military equipment in order to maintain the necessary level The defense and security of the Russian Federation can only be the federal executive branch, which has troops and armed units in accordance with the laws and other normative legal acts of the Russian Federation. Federation or State Atomic Energy Corporation "Rosatom"; Federal Law of 01.12.2007 N 318-FZ the lead singer of the defence order (hereinafter referred to as the lead singer) is an organization that concluded a state contract with the state customer for the supply of products (works, services) under the defense order and implementing contracts with the defense contractors for the supply of products (works, services); defense order performer (executor)-an organization involved in defense order execution on the basis of a contract with the state by the customer or by the lead performer (executor); government contract is a contract concluded by the state customer with the lead performer (executor) and providing for the obligations of the parties and their responsibility to perform the defence order; contract-contract, executed by the perpetrator (s) with the perpetrator (s) and the obligations of the parties and their responsibility for the defence order. Article 2. General 1. The main indicators of the defence order are approved by the President of the Russian Federation. 2. Deliveries of products (works, services) under the defense order are one of the types of supply of products (works, services) for federal state needs. The defence order may include: research and development to create, modernize, dispose of and destroy decommised weapons and military equipment; research and development of research, engineering and technology base of the organizations in order to ensure the fulfillment of the defense order, as well as the increase of mobilization. of the Russian Federation; production and supply of arms and military equipment, as well as components and materials; repair and modernization of weapons and military equipment, warranty and author supervision of their condition, and disposal and The destruction of the weapons and military equipment withdrawn from service; work in the field of military-technical cooperation of the Russian Federation with foreign States in accordance with the international treaties of the Russian Federation; OF THE PRESIDENT OF THE RUSSIAN Federation; supply of goods (works, services) for civil defence needs; supply and/or production of foodstuff and military equipment, food and non-food items; class="ed"> (In the Federal Law of 02.02.2006) N 19-FZ ) construction, reconstruction and technical re-equipment of facilities intended for defence and security of the Russian Federation, including for the disposal and destruction of decommised weapons and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The defence order should contain: inventory (item) and quantity of products to be delivered (work, services) and delivery times; forecast value (price) of defence order as a whole, and its sections and separate stages of implementation; list of public customers; list of expected lead executors (performers). 4. Work on the creation and production of components and materials to ensure the fulfillment of defense order are related to the work on defense order. 5. The defence order is financed from the federal budget through the allocation of funds to the State client. The federal budget, under which the defence order is financed, has the status of protected objects of federal budget expenditure. Fees for the supply of products (works, services) under the defense order are made in accordance with the terms of the state contract (contract). Payment for the supply of products (works, services) executed by the executor under a contract with the lead singer (performer) may be made directly by the public customer, if so provided by the relevant public authority Contract. The finance paid by the public customer to the lead executor (the executor) is intended only for defence order expenses and advances. The perpetrator (s) is responsible for any other use of the said funds. Article 3. Defence order formation and positioning 1. The defence order is formed within the limits set by the federal budget for these purposes on the basis of: Russian Federation's military doctrine; Arms and military equipment for a period of 10 years, including research and development (including the development of basic military technologies), serial production, destruction and destruction weapons and military equipment, capital goods Construction, as well as logistical arrangements for these works; other federal programmes; of the Russian Federation's mobilization plan; OF THE PRESIDENT OF THE RUSSIAN FEDERATION Formation of defence orders within the limits of the federal budget Federal Act No. N 402-FZ) 2. Work on the implementation of the federal programme for the development, creation and production of weapons and military equipment for the first five years is planned for the first five years. The specified program is specified every five years at least nine months before the start of the relevant period. 3. The defence order project is being developed with the participation of the State Atomic Energy Corporation "Rosatom" in the manner determined by the Government of the Russian Federation in the formation of the federal budget for the corresponding year and on the basis of the resource capabilities of the economy of the Russian Federation. (In the wording of the Federal Law of 01.12.2007). N 318-FZ) The Government of the Russian Federation, with the submission of a draft federal budget to the State Duma of the Federal Assembly of the Russian Federation, submits for approval to the President of the Russian Federation The main indicators of the defence order for the respective year. The main indicators of the defense order are approved by the President of the Russian Federation in parallel with the signing by the President of the Russian Federation of a federal law on the federal budget. The Government of the Russian Federation, within 20 days of the signing by the President of the Russian Federation of a federal law on the federal budget and the approval by the President of the Russian Federation of the main indicators of the defence order Approves the full defence order within the scope of the federal budget.(The fourth paragraph of the paragraph was suspended from 1 January 2011 to 31 December 2014, inclusive of the approval process). Defence orders within the limits of the federal budget for these Federal Act No. N 402-FZ 4. Placement of defence orders is carried out in accordance with the Federal Law of July 21, 2005 No. 94-FZ " On placing orders for the supply of goods, carrying out works, rendering services for state and municipal goods of the requirements ", taking into account the particularities established by this Federal Act. In the event that the applicants for participation in the bid are not placed in a defence order, and if the results of the class="ed"> specified tenders does not define a lead performers (Artist), defence order is compulsory for State unitary enterprises, as well as other organizations that have a dominant position in the commodity market or have a monopoly on the production of goods (work, services) under the condition that the defense order provides the level of profitability of these types of products (works, services) established by the Government of the Russian Federation. (In the wording of Federal Law of 02.02.2006) N 19-FZ) (Unused-Federal Law of 06.05.99 N 97-FZ The Defence Order and the conclusion of a government contract (contract) for the maintenance of mobilization capacity are mandatory for all organizations in the event that a defence order does not entail losses from its implementation. 5. When placing the defence order, the determination of the initial price of the state contract, as well as the determination of the price of a state contract in the case of a defence order, is determined by the only supplier (contractor) OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) N 19-FZ) Article 4. { \b Basic } { \b } { \b } { \b } { \b } { \b } The principal (perpetrator) of the defence order may be on an equal basis of the organization, regardless of their organizational and legal forms and forms of ownership, which are in accordance with the requirements of the legislation of the Russian Federation, (a) The need for assistance in the implementation of the Convention on the Rights of the (In the wording of Federal Law of 02.02.2006) N 19-FZ 2. If the defense order is terminated, the lead performer (s) may not, without agreement with the Government of the Russian Federation, be able to liquidate or reprofile the production facilities that have been implemented Defence order. The losses caused to the principal (perpetrator) caused by the decision of the Government of the Russian Federation not to be used are reimbursed by the Government of the Russian Federation in full. Article 5. The main functions of the state customer 1. The State customer: organizes and arranges the defense order for the purpose of determining the lead performer (executor); (In the wording of Federal Law 02.02.2006. N 19-FZ) concludes state contract for the supply of products (works, services); (In the wording of Federal Law 02.02.2006 N 19-FZ ) provides funding for the defence order; controls the use by the lead perpetrator (s) of the funds allocated to the defence order; monitors performance both in individual phases and in general; participates in tests of prototypes (complexes, systems) of weapons and military equipment, serial production, and components and materials; organizes and conducts state trials of experienced samples (complexes, systems) of weapons and military equipment, prepares documentation for their adoption (supply); approves design documentation for the production of weapons and weapons Military equipment. 2. The State customer may, on the basis of a State contract, transfer a portion of his or her defence order functions to the principal contractor. Article 6. The main functions of the principal (performer) Lead singer (performer): takes part in the Placement of the defence order; (In the wording of Federal Law 02.02.2006 N 19-FZ ) provides justification for the price of the product (work as a whole, by its sections and separate stages); concludes a state contract (contract) for the fulfillment of the defense order; performs the works, production of prototypes (complexes, systems) of weapons and military equipment, development, serial production and supply of products (works, services), author and guarantee supervision of the state of weapons and military equipment; ) organizes and conducts technical documentation for testing of prototypes (complexes, systems) of weapons and military equipment and serial production; provides the state customer Appropriate conditions for monitoring the implementation of work both at individual stages and in general in the development, production and transfer of arms and military equipment. Article 7. A public contract (contract) for execution of the defence order 1. The state contract (contract) is to implement the entire range of research and development works, production, supplies, maintenance, repair, destruction and destruction of weapons and military equipment, as well as individual types of work. 2. The quality of the products (works, services) supplied under the state contract (contract) for fulfillment of the defense order must meet the requirements of the normative and technical documentation and the terms of the state contract (contract). 3. The government of the Russian Federation determines the conditions of the state contract (contract) for fulfillment of the defense order. 4. Contracts with foreign legal entities for the implementation of defence orders, as well as for export and import of products (works, services) are concluded in accordance with the procedure established by the legislation of the Russian Federation. Article 8. Logistics for defence order 1. The Government of the Russian Federation is the Government of the Russian Federation. The Federation sets up quotas (list, quantity, duration of supply) of the required supply of the specified resources to the state customer, the head performer (s) on the developing prices in the commodity market. 2. The supply of material and technical resources for the implementation of the defence order in accordance with the established quotas is carried out only by the State client, the principal (perpetrator). Article 9. Economic promotion of the defense order 1. In order to provide economic incentives to the lead performer (performer) of the defence order, it may be envisaged: the allocation of the federal budget for the construction and reconstruction of the organizations, the provision of modern facilities equipment, development of new equipment, technologies and materials; guaranteed fixed level of profitability for defense products (works, services) that ensures the creation of a stable financial system for productive, scientific and technological Social development of the implementing organizations (performers) through the use of the product price formation mechanism (work, services); quarterly indexation of defence-order payments by means of the federal budget, in connection with the inflation processes; quarterly or phased advance of the defense order work in the amount of at least 40 per cent of their value from the federal budget for financing defence order; (Uexpo-Federal Law of 06.12.2011 N 409-FZ) other benefits in accordance with the laws and other normative legal acts of the Russian Federation. In the order and limits stipulated by the tax legislation of the Russian Federation, the lead singer (performer) may be exempt from payment: tax on part of profits from defence Orders for technical re-equipment, reconstruction and (or) expansion of production; land tax on production and research complexes, mobilization facilities Destination, including test complexes, landfills and warehouses to hold the state and mobilization reserves; the property tax on mobilization facilities, including test complexes, landfills and warehouses for the storage of state and mobilization reserves. The types, dimensions and economic incentives of the principal (performer) are determined by the Government of the Russian Federation in the drafting of the federal budget and the corresponding proposals shall be submitted to the State budget. The Duma will be approved at the same time as the draft federal budget. 2. The State customer has the right to provide for other types of incentives in the State contract (contract). Article 10. The responsibility of the federal authorities of the Executive 1. The Government of the Russian Federation and other federal executive bodies, established by the Government of the Russian Federation, are responsible for the implementation of military and technical policy and the implementation of the federal programme. development, creation and production of weapons and military equipment for a period of 10 years, other federal programmes, timely provision of the state customer with financial means for advance and payment of goods (works, services) and Other work on defence order. 2. The State customer is responsible for the timely delivery of the defence order to the principal (the perpetrator), for the targeted use of the funds allocated to it from the federal budget to advance and pay the products (works, ). Article 11. Responsibility for defusing the defense order 1. In the event of failure or improper fulfilment by one of the parties of the obligations under the public contract (contract), the party responsible shall reimburse the other party for the losses caused by it in the order and dimensions established The civil legislation of the Russian Federation and the state contract (the contract). Other forms of liability are provided by the federal law defining the order of orders for the supply of goods, the provision of public or municipal services. class="ed"> (In the Federal Law of 02.02.2006) N 19-FZ 2. The principal (perpetrator) is deprived of the right to economic stimulation provided for by article 9 of the present state in the event of failure or improper fulfilment of the obligations of the State contract (contract) Federal law. 3. Disputes between the public customer and the principal (perpetrator) or between the principal (perpetrator) and the perpetrator (s) in the formation, modification, avoidance and execution of public contracts (a) The need for compensation for the loss of the goods. Article 12. Introduction of this Federal Law to Action 1. This Federal Law shall be enforced from the date of its official publication. 2. To instruct the Government of the Russian Federation in 1996: bring into conformity with this Federal Law the legal regulations it has adopted; to adopt legal acts that ensure the implementation of the present law. Federal Law; to prepare and submit, in the prescribed manner, proposals for amendments and additions to the legislation of the Russian Federation in connection with the enactment of this Federal Law. President of the Russian Federation Yeltsin Moscow, Kremlin 27 December 1995 N 213-FZ