On State Defense Order

Original Language Title: О государственном оборонном заказе

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102038913

Expired-the Federal law dated 29.12.2012. N 275-FZ RUSSIAN FEDERATION FEDERAL LAW on State Defense order passed by the State Duma on November 24, 1995 onwards (as amended by the federal laws of 06.05.99 N 97-FZ;
from 2/2/2006 N 19-FZ; from 01.12.2007 N 318-FZ;
from 19/07/2011 N 248-FZ; from 06.12.2011 N 409-FZ) this federal law establishes the General legal and economic principles, forming, placing, financing and execution of the State Defence order and regulates the relations in this area.
Article 1. Key terms in this federal law, the following terms are used: the State Defence order (hereinafter referred to as the defence order)-legal act which provides for the supply of products for Federal State needs in order to maintain the necessary level of defense capability and security of the Russian Federation: weapons, ammunition, military equipment, military equipment (hereinafter referred to as the armament and military equipment), spare parts and materials, execution of works and provision of services (hereinafter referred to as the products (works, services) as well as export-import deliveries in the field of military-technical cooperation between the Russian Federation and foreign States in accordance with the international treaties of the Russian Federation;
customer State Defense order (hereinafter-State customer)-Federal body of executive power, the State Atomic Energy Corporation "Rosatom", carrying out orders for the development, production, delivery of goods (works, services) by defence order. The governmental customer of armament and military equipment, scientific-research and experimental-designing works for their development, as well as to develop new technologies for the production of armaments and military equipment in order to maintain the necessary level of defense capability and security of the Russian Federation may be the only federal body of executive power that has in its composition of forces and the armed forces in accordance with the laws and other normative legal acts of the Russian Federation or the State Atomic Energy Corporation "Rosatom"; (As amended by the Federal law of 01.12.2007 N 318-FZ) principal executor of Defence order (hereinafter referred to as the head artist), an organization which has concluded a contract with the State of State customer for the supply of products (works, services) by defence order and executing contracts with the defence order for the supply of products (works, services);
artist defence order (hereinafter referred to as the artist) is an organization involved in implementing defense order on the basis of a contract with a public authority or general contractor (executor);
State contract-contract concluded by the customer with State general contractor (executor) and providing for the obligations of the parties and their responsibility for the implementation of Defense order;
contract-contract general contractor (executor) with the executor (another performer) and providing for the obligations of the parties and their responsibility for the execution of the Defense order.
Article 2. General provisions 1. Main indicators of Defence order argues, the President of the Russian Federation.
2. Delivery of goods (works, services) by defence order are one type of delivery of products (works, services) for Federal State needs.
The composition of the defence order may include: research and development work on creation, modernization, recycling and destruction of the output from the operation of weapons and military equipment;
research and development work for the development of research, design and production and technological base organizations in order to ensure the implementation of Defence order, as well as improving the mobilization preparation of the economy of the Russian Federation;
mass production and deliveries of weapons and military equipment, as well as components and materials;
repairs and modernization of armament and military equipment, warranty and copyright surveillance of their State, as well as recycling and destruction of the output from the operation of weapons and military equipment;
work in the field of military-technical cooperation between the Russian Federation and foreign States in accordance with the international treaties of the Russian Federation;
work on mobilization training of the economy of the Russian Federation;
delivery of goods (works, services) for civil defence purposes;
supply and (or) production of clothing and military equipment, food and non-food items; (As amended by the Federal Act of 2/2/2006 N 19-FZ), construction, reconstruction and technical re-equipment of facilities designed for the needs of the defense and security of the Russian Federation, including recycling and destruction of the output from the operation of weapons and military equipment;
other works to ensure national defense and security of the Russian Federation.
3. The Defense order must contain: list (nomenclature) and subject to the supply of goods (works, services) and the timing of its delivery;

projected cost (price) Defence order as a whole, as well as its sections and separate stages of implementation;
list of government customers;
list of alleged head of performers (singers).
4. Work on the development and production of components and materials to ensure the implementation of the Defense order relate to work on defence order.
5. Financing of Defence order is carried out at the expense of the federal budget through the allocation of appropriations to the State employer. Articles of the federal budget, on which is funded by the defense, have the status of protected articles, the expenses of the federal budget.
Payment for supply of goods (works, services) on defence order is made in accordance with the terms of the Government contract (contract).
Payment for supply of goods (works, services), carried out by the Executive Director under the contract with the general contractor (executor), can produce directly to the public authority shall, if required by applicable state contract (contract).
Funds paid by the public employer head Executive Director (Executive Director), intended only for the costs of Defense order and advance. Principal executor (artist) is responsible for any other use of such funds.
Article 3. Formation and placement of Defense order 1. Defence order is formed within the limits set by the federal budget expenditure based on the main provisions of the military doctrine of the Russian Federation;
the federal programme for the development, creation and production of weapons and military equipment for a period of ten years, which includes orders for scientific-research and experimental-design works (including work on the development of basic military technology), serial production, disposal and destruction of the output from the operation of weapons and military equipment, capital construction, as well as the logistics of these works;
other federal programs;
the mobilization plan for the economy of the Russian Federation;
programmes of military and technical cooperation between the Russian Federation and foreign States in accordance with the international treaties of the Russian Federation. (Action item 1 suspended from January 1, 2011 year to December 31, 2014 years inclusively in part of the formation of the Defense order within the federal budget expenditure for these purposes-the Federal law dated 28.12.2010. N 402-FZ)
2. Work on the implementation of the federal programme for the development, creation and production of weapons and military equipment on the ten-year period for the first five years are planned for each year.
The programme stipulates five years not later than nine months before the beginning of the relevant period.
3. the draft defense order will be developed with the participation of the State Atomic Energy Corporation "Rosatom" in accordance with the procedure determined by the Government of the Russian Federation, during the formation of the federal budget for the current year and on the basis of the resource capacities of the economy of the Russian Federation. (As amended by the Federal law of 01.12.2007 N 318-FZ), the Government of the Russian Federation at the time of submission of the draft federal budget to the State Duma of the Federal Assembly of the Russian Federation submits for approval by the President of the Russian Federation, the main indicators of Defence order for the relevant year.
Main indicators of Defence order approved by President of the Russian Federation, simultaneously with the signing by the President of the Russian Federation Federal law on the federal budget.
The Government of the Russian Federation in the 20 days after the signature of the President of the Russian Federation Federal law on the federal budget and approval of the President of the Russian Federation, the main indicators of Defence order approves defense order in full within the expenditure limits set by the federal budget. (Fourth paragraph suspended from January 1, 2011 year to December 31, 2014 years inclusively in part defence order approval within federal budget expenditure for these purposes-the Federal law dated 28.12.2010. N 402-FZ)

4. placement of Defense order is carried out in the manner prescribed by the Federal law of July 21, 2005 N 94-FZ "about placing orders for the supply of goods, works and services for State and municipal needs, taking into account the peculiarities stipulated by this federal law. In case the applicants to bid for placement of Defense order are missing, as well as in the case of the specified trades not defined principal executor (artist), defence order is required for the adoption of State unitary enterprises, as well as other organizations occupying a dominant position on the market or holding a monopoly on the production of goods (works, services) of Defence order, provided that the defence order provides for the Government of the Russian Federation, the profitability of the production of those commodities (works , services). (As amended by the Federal Act of 2/2/2006 N 19-FZ) (Repealed-federal law 06.05.99 N 97-FZ) Defence order and conclusion of State contract (contract) to work on keeping the mobilization capacity are mandatory for all organizations if placing defence order does not entail loss of its execution.
5. When placing the defence order defining the initial Government contract prices, as well as State contract pricing if the Defense order by a single vendor (Executive Director, contractor) is carried out in accordance with the procedure determined by the Government of the Russian Federation. (As amended by the Federal Act of 2/2/2006 N 19-FZ), Article 4. Basic requirements to the Executive Director (Executive Director) Defence order 1. General contractor (executor) Defence order can be on an equal footing regardless of their organizational and legal forms and forms of ownership, the relevant requirements of the legislation of the Russian Federation, the requirements for persons who are carrying out activities in fulfilment of the Defense order. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
2. In the case of cessation of work on the implementation of the Defense order principal executor (artist) without the agreement with the Government of the Russian Federation to eliminate or restructure production capacity, improve the execution of Defence order.
Damages caused by the head Executive Director (Executive Director), due to disuse by the decision of the Government of the Russian Federation referred to capacity, the Government of the Russian Federation shall be reimbursed in full.
Article 5. The main functions of the State customer 1. State customer: organizes and conducts defense order placement to determine brain Executive Director (Executive Director); (As amended by the Federal Act of 2/2/2006 N 19-FZ) concludes the State contract for the supply of products (works, services); (As amended by the Federal Act of 2/2/2006 N 19-FZ) provides funding for defence contracts;
monitors using a general contractor (executor) funds allocated to execute the Defense order;
monitors work on separate stages, and in General;
participates in the testing of prototypes (complexes, systems) of the armament and military equipment production, as well as components and materials;
organizes and conducts state tests of prototypes (complexes, systems) of weapons and military equipment, prepares documentation for the adoption of armaments;
maintains design documentation to implement serial production of weapons and military equipment.
2. the State authority may, on the basis of State contract send part of their functions to the executive head in fulfilling the Defense order.
Article 6. The main functions of the head of the Executive Director (Executive Director) principal executor (performer): takes part in hosting the Defense order; (As amended by the Federal Act of 2/2/2006 N 19-FZ) justifies the price of production (works in General, its sections and separate stages);
concludes the State contract (contract) to execute the Defense order;
carries out the execution of works, production of prototypes (complexes, systems) of weapons and military equipment, development, production and delivery of goods (works, services), author and guarantee supervision of the condition of weapons and military equipment;
ensures that the completed works manufactured prototypes (complexes, systems) of weapons and military technology and production required requirements established by State customer in accordance with the legislation of the Russian Federation on technical regulation and (or) a public contract; (As amended by the Federal Act of 19/07/2011 N 248-FZ) organizes and conducts technical documentation provided for tests of pre-production models (complexes, systems) of weapons and military technology and production;

the State provides the customer with proper conditions for monitoring the implementation of works both on separate stages, and in General in the process of development, production and supply of weapons and military equipment.
Article 7. State contract (contract) Defence order 1. State contract (contract) is on the full range of scientific-research and development, production, supply, operation, repair, disposal and destruction of weapons and military equipment, and certain types of these works.
2. Quality of goods (works, services), came under the State contract (contract) Defence order, should conform to the requirements of normative and technical documentation, and the terms of the Government contract (contract).
3. Model terms of government contract (contract) to execute the Defense order is determined by the Government of the Russian Federation.
4. Contracts with foreign entities to perform activities to ensure the defence of the order, as well as on export-import of goods (works, services) are in accordance with the legislation of the Russian Federation.
Article 8. Logistics defense order 1. For critical logistical resources for the implementation of the Defense order organizations regardless of their organizational and legal forms and forms of ownership, which carries out deliveries (production) of these resources, the Government of the Russian Federation quotas (inventory, quantity, delivery terms) binding supplies the resources the public contracting authority head Executive Director (Executive Director) for folding on the commodity market prices.
2. Supply of material and technical resources to fulfil defence order in accordance with the established quotas are implemented only by the State to the customer, the lead Executive Director (Executive Director).
Article 9. Economic incentives run defense order 1. For economic stimulation the brain Executive Director (Executive Director) Defence order: allocations may be provided at the expense of the federal budget for construction and reconstruction organizations, equipping them with modern equipment, development of new techniques, technologies and materials;
guarantee when you run defense order fixed level of profitability by type of Defense products (works, services), providing a sustainable financial base for industrial, scientific, technological and social development organizations-head of performers (singers) through the use of the mechanism of formation of prices of goods (works, services);
quarterly indexation funds for payment of Defence order at the expense of the federal budget, with regard to the inflationary processes;
quarterly or step-by-step advance work on the implementation of the Defense order of at least 40 percent of their value at the expense of the federal budget for the financing of Defence order; (Repealed-the Federal law dated 06 N 409-FZ) other benefits in accordance with the laws and other normative legal acts of the Russian Federation.
In the manner and within the limits provided for by the tax legislation of the Russian Federation, the main executor (performer) may be exempted from paying tax on profits: derived from the performance of Defence order and directed on modernization, reconstruction and (or) increased production;
land tax on plots where manufacturing and research facilities, call destination objects, including test facilities, test sites and warehouses for storing State and mobilization reserves;
property tax objects mobilization purposes, including testing complexes, sites and warehouses for storage of the State and the mobilization of reserves.
Types, sizes and order of economic stimulation the brain Executive Director (Executive Director) are determined by the Government of the Russian Federation in developing the draft federal budget, and proposals are made to the State Duma for approval at the same time as the draft federal budget.
2. the customer has the right to involve the public contract (contract) other types of stimulation.
Article 10. The responsibility of the federal executive authorities 1. The Government of the Russian Federation and other federal bodies of executive power, the Government of the Russian Federation responsible for military-technical policy, ensuring the implementation of the federal programme for the development, creation and production of weapons and military equipment on the ten-year period, other federal programs, the timely availability of funds to State customer payment and payment of goods (works, services) and other works on the Defense request.

2. the customer is responsible for the timely delivery of Defence order to the head of the Executive Director (Executive Director), for the proper use of the resources allocated to it at the expense of the federal budget funds for payment and payment of goods (works, services).
Article 11. The responsibility for the failure of the Defense order 1. In case of failure or improper performance of one of the parties obligations under state contract (contract), the guilty party shall reimburse the damages it caused to the other party in the manner and amount established by civil legislation of the Russian Federation and the State contract (contract).
Other types of liability envisaged by the Federal law governing the placement of orders for the supply of goods, works and services for State or municipal needs. (As amended by the Federal Act of 2/2/2006 N 19-FZ)
2. Principal executor (performer) in case of failure or improper fulfilment of obligations under the State contract (contract) is deprived of the right to economic incentives provided for in article 9 hereof.
3. Disputes between the public authority and the general contractor (executor) or between the general contractor (executor) and Executive Director (another performer) at the conclusion, modification, termination and execution of public contracts (contracts), as well as disputes on compensation for damages are considered in arbitration courts.
Article 12. The introduction of this federal law in action 1. This federal law shall be put into effect from the day of its official publication.
2. To entrust the Government of the Russian Federation in 1996 year: align with this federal law adopted normative legal acts;
adopt regulations to ensure the implementation of this federal law;
prepare and bring in a prescribed manner proposals for amendments and additions to legislation of the Russian Federation in connection with the entry into force of this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 213 December 27, 1995-FZ