On The Financial Recovery Of Agricultural Producers

Original Language Title: О финансовом оздоровлении сельскохозяйственных товаропроизводителей

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RUSSIAN FEDERATION FEDERAL LAW About the financial recovery of agricultural producers adopted by the State Duma on June 20, 2002 On June 26, 2002, the Federation Council of the Russian Federation . N 58-FZ; dated 13.05.2008 N 67-FZ; of 23.07.2008 N 160-FZ; of 01.07.2011 N 169-FZ; dated 21.07.2014. N 226-FZ) CHAPTER I. GENERAL PROVISIONS Article 1. The relationship regulated by this Federal Law Law This Federal Law sets out the legal framework and conditions for the restructuring of debts of agricultural producers in order to improve their financial performance. to the application of bankruptcy procedures. Article 2. Basic concepts used for the purposes of this Federal Law For the purposes of this Federal Law, the following basic concepts are used: debt restructuring-based to the agreement to end the debt by replacing those liabilities with other liabilities, which provide for other conditions of service and repayment of obligations; Commodity producers-organizations, peasants (farmers) and Individual entrepreneurs, recognized as such in accordance with article 3 of Federal Act No. 264-FZ of 29 December 2006 on the development of agriculture; (In the wording of Federal Law dated 13.05.2008 N 67-FZ) The programme of financial rehabilitation of agricultural producers (hereinafter referred to as the programme) is a set of measures aimed at the development by all creditors of the single conditions for the restructuring of debts for purposes Improving the financial condition of agricultural producers; debtor is an agricultural commodity producer; debt-late, delayed or due to agricultural debt All levels of commodity producers, and Also for goods delivered to it (performed work, services rendered); creditors-entitled to recover debts from agricultural producers of the Russian Federation, constituent entities of the Russian Federation, Extrabudgetary funds, local government bodies, legal entities and natural persons; bank-agent bank, approved by the Government of the Russian Federation to perform the duties and control of the timely execution of the debtor obligations under the debt restructuring agreement; The debt restructuring agreement is an agreement between the creditors and the debtor establishing the order and terms of the debt restructuring; the debtor's requirements to the debtor, developed by the federal government by the commission and approved by the Government of the Russian Federation, which entitlers the debtor to participate in the program; (In the wording of Federal Law dated 29.06.2004 N 58-FZ ) method of calculation of the debtor's financial state-developed by the Federal Commission and approved by the federal executive authority of the Russian Federation authorities Guidance on how to calculate the financial condition of the debtor taken into account in determining the conditions of debt restructuring; (In the wording of Federal Law from 23.07.2008 N 160-FZ) Basic conditions for debt restructuring-options developed by the Federal Commission and approved by the Government of the Russian Federation for debt restructuring, proposed based on financial indicators The status of the debtor calculated according to the calculation of the specified; Federal Commission is an interdepartmental commission established to deal with financial matters agricultural commodity producers, The procedure provided for by this Federal Law; (Paragraph is amended by the Federal Law of 29.06.2004). N 58-FZ)territorial commissions-interministerial commissions established in the constituent entities of the Russian Federation to address issues related to financial rehabilitation of agricultural producers, in the The procedure provided for by this Federal Law; (Paragraph is amended by the Federal Law of 29.06.2004). N 58-FZ) the program is the agricultural commodity producer with which the debt restructuring agreement has been concluded, and the agreement to write off the sum of penalties and fines. (The paragraph is supplemented by the Federal Law of 13 May 2008. N 67-FZ CHAPTER II. PRINCIPLES OF CONDUCT RESTRUCTURING OF AGRICULTURAL GROWTS Article 3. The principles of debt restructuring of the agricultural producers Restructuring of debts of agricultural producers is carried out on the basis of the following principles: Unavailability; privacy; privacy; single-multiplicity of participation in the program, except as provided by Article 7 of this Federal Law of the law. (In the wording of the Federal Law No. N 226-FZ) Article 4. The principle of voluntariness and inaccessibility , the principle of voluntariness and inaccessibility, means that any agricultural producer who fulfils the requirements of this Federal Act has the right to participate in the programme. No one may compel the debtor to participate in the programme against his will. Article 5. The principle of ensuring a single condition for debt restructuring The restructuring of debts provides a single framework for the restructuring of debts of agricultural producers to creditors. To recommend legislative and executive bodies of the constituent entities of the Russian Federation to restructure the debts of agricultural producers included in the program participants before the budgets of the Russian regions THE RUSSIAN FEDERATION Article 6. The principle of confidentiality, the principle of confidentiality, means that creditors have no right without the consent of the agricultural commodity producer to disclose its commercial and tax secrets. Article 7. { 1 } { \field { \field { \field { \field { \ The principle of the multiplicity of participation in the programme means that the agricultural commodity is entitled to debt restructuring only once, except as provided for in paragraph 2 of this article. In the wording of the Federal Law of 21.07.2014 N 226-FZ) 2. The agricultural producer may participate in the program for the second time in one of the following cases: (In the wording of the Federal Law dated 21.07.2014 N 226-FZ )Full compliance with earlier agreements on debt restructuring; decline in output caused by loss (death) of more than 25% of the actual harvest, compared to the planned crop yields of the entire land area occupied by crops or plantations, loss of (death) of agricultural animals as a result of an emergency situation and/or of the consequences set out in article 8 of the Federal Act of 25 July 2011: N 260-FZ "On state support in the sphere of agricultural insurance and on amendments to the Federal Law" On agricultural development ", as well as the loss (death), removal of more than 15% of animals, including birds, in The period of measures taken to eliminate hotbeds of particularly dangerous animal diseases, including birds, compared to the average level of production of agricultural products during the previous three years, in full compliance with the conditions of previous prisoners of the debt restructuring agreements; other by decree The President of the Russian Federation Procedure and conditions for re-participation in the programme of agricultural producers affected by the emergency and (or) its consequences, including natural disasters, or as a result of Decision of the head of the supreme executive body of the State authorities of the constituent entity of the Russian Federation and of the Chief State Veterinary Inspector of the Russian Federation on measures to eliminate hotbeds of especially dangerous animal diseases, including Birds (including the removal of animals, including birds), are established The Government of the Russian Federation. (*) N 226-FZ CHAPTER III. INTERVIEWED BY THE COMMISSION ON THE FINANCIAL PLORING OF AGRICULTURAL HOLDERS TOWALLOWERS Article 8. (Spconsumed by Federal Law of 29.06.2004) N 58-FZ) Article 9. Federal Commission 1. The Federal Commission is established in accordance with the procedure established for the establishment of interdepartmental coordinating and advisory bodies formed by the federal executive authorities and is headed by the head of the federal executive body The authorities in the field of agriculture. (In the wording of Federal Law No. N 58F) 2. The activities of the Federal Commission shall be carried out on an ongoing basis in accordance with the provisions of the Act and the present Federal Act. (In the wording of Federal Law of 29.06.2004) N 58F) 3. The Federal Commission: organizes the work of the territorial commissions; defines the list of documents needed to address the issue of improving the financial condition of the debtor, the procedure for evaluating its debts, the order of conduct Debt restructuring, method of calculation of debtor's financial situation, basic conditions for debt restructuring, model debt restructuring agreement, conditions under which postponement or installments are carried out principal and accrued interest, including debt, as a result of tax audits after the signing of the debt restructuring agreement and the conditions for adjusting the repayment schedule; (In the wording of the Federal Law dated 13.05.2008 N 67-FZ) reviews complaints from debtors to the actions of the territorial commissions; collects information about the progress of the implementation Federal law. (The paragraph is supplemented by the Federal Law of 13 May 2008. N 67-FZ) Article 10. Composition of the Federal Commission The Federal Commission is composed of representatives of interested federal executive bodies, state extrabudgetary funds, executive bodies of the state authorities Representatives of the Russian Federation, the subjects of natural monopolies authorized to sign agreements on the restructuring of debts of the Russian Federation, and may include representatives of the Federal Assembly of the Russian Federation, of the Russian Federation Federation, public associations, scientific organizations. (In the wording of Federal Law No. N 67-FZ) N 67-FZ) Recommend to the federal executive authorities concerned, the executive authorities of the constituent entities of the Russian Federation exercising the rights of owners of unitary enterprises; joint-stock companies that are the subjects of natural monopolies and their subsidiaries to ensure the participation of their representatives in the work of the Federal Commission and to take the decisions necessary for the restructuring of debts in order and on the approved by the Federal Commission The Government of the Russian Federation. (In the wording of Federal Law No. N 67-FZ) Article 11. Territorial Commission 1. The territorial commissions are established in each constituent entity of the Russian Federation. 2. The territorial commission is headed by the deputy head of the supreme executive body of the State authority of the constituent entity of the Russian Federation, who oversees the development of the agro-industrial complex. 3. The activities of the territorial commission shall be carried out on an ongoing basis in accordance with the provisions of the Act and the present Federal Act. (In the wording of Federal Law of 29.06.2004) N 58F) 4. Territorial commissions: determine the conditions necessary for the restructuring of debts to make decisions to provide agricultural producers with the right to restructure their debts class="ed">, amending the agreements on debt restructuring, breaking the agreements and suspending them; (In the wording of Federal Law from 13.05.2008. N 67-FZ) is responsible for monitoring the performance of agricultural producers of the commitments made under the debt restructuring agreement and the plan to improve the financial sector The state of the debtor; as amended by Federal Law No. N 67-FZ) collects information about the financial health of program participants. (The paragraph is supplemented by the Federal Law of 13 May 2008. N 67-FZ) Article 12. Composition of territorial commissions It is part of the territorial commissions to sign agreements on debt restructuring by representatives of the federal executive bodies concerned The executive authorities of the constituent entities of the Russian Federation, local authorities, State extrabudgetary funds, natural monopoly entities, including their subsidiaries, as well as representatives of other creditors. (In the wording of Federal Law No. N 67-FZ) Recommend to joint-stock companies that are the subjects of natural monopolies and their subsidiaries to ensure the participation of their representatives authorized to sign debt restructuring agreements, Work of the territorial commissions. Recommend to the constituent entities of the Russian Federation and local governments to take measures to ensure the participation of representatives of the executive authorities authorized to sign agreements on debt restructuring on behalf of OF THE PRESIDENT OF THE RUSSIAN FEDERATION CHAPTER IV. CONTINUATION FOR PARTICIPATION IN THE PROGRAMME Article 13. The order in which the debtor is included in the members program 1. The debtor shall apply to the territorial commission for inclusion in the membership of the programme. The statement is accompanied by a plan to improve the financial condition and other documents according to the list set by the Russian Federation Government's authorized executive branch. The [ [ Territorial Commission]] is not entitled to require the debtor to present documents that are at its disposal, the orders of State organs, local self-government bodies or subordinated public authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Law of 27 July 2010 N 210-FZ " On the Organization of the provision of public and municipal services " list of documents. In this case, the territorial commission shall independently request the necessary documents or information contained therein in the relevant bodies and organizations. (In the wording of the federal laws of 23.07.2008, } N 160-FZ; as of 1 July 2011 N 169-FZ) The debtor who applied for inclusion in the programme, while developing and approving a plan of organizational and technical activities, is not entitled to independently, without coordination with the territorial commission to transfer (sell) real estate and land plots to rent, bail with the listed property as a contribution to the statutory (warehousing) capital of economic societies and partnerships, to grant guarantees and guarantees, to make an assignment requirements, transfer debts, and establish trust Asset management. 2. The territorial commission shall, within one month of the date of receipt of the debtor's application for inclusion in the programme, determine the conformity of the documents submitted by the debtor and other necessary documents and information to the requirements to the participant in the programme, as well as to the reliability, the feasibility of the plan for improving the financial condition of the debtor and the adequacy of the debtor's financial resources to discharge its obligations under the obligations assumed by the debtor. Debt restructuring agreements. (In the wording of the Federal Law of 1 July 2011, N 169-FZ) Russian Federation and local authorities have the right to supplement the list of requirements for the program participant. It is prohibited to impose requirements on the participant of the program, which put the Russian Federation, the constituent entities of the Russian Federation, local authorities and state off-budget funds in a privileged position compared to Other creditors, as well as require the debtor to meet any additional conditions for payment of arrears in current payments to the budgets of the Russian Federation's budget system or arrears to individual creditors in the case of of the laws of the constituent entities of the Russian Federation and municipal legal acts. 13.05.2008. N 67-FZ 3. As a result of the review of the documents established in paragraph 2 of this article, the territorial commission shall take one of the following decisions: to include the debtor in the program's participants; on the reasoned refusal the debtor to be included in the program; on the offer to the debtor to meet the terms of its inclusion in the program established by the territorial commission; the debtor's request for a time limit for the preparation of the necessary documents to be included in the The membership of the programme is up to three months. (The paragraph is supplemented by the Federal Law of 13 May 2008. N 67-FZ 4. To establish that the condition for inclusion in the programme is the existence of a list of organizational, legal, economic and financial activities that will enable the debtor to improve its financial performance to the level of which meet the requirements of the program participant. 5. The debtor, after fulfilling the conditions of inclusion in the programme, has the right to reapply to the territorial commission for inclusion in the programme. Article 14. Non-participation in the program The Territorial Commission may refuse to include the debtor in the program if: documents (information) needed to participate in the program in accordance with the requirements of the participant of the program; (In the wording of the Federal Law of 1 July 2011). N 169-FZ) the conditions previously proposed by the territorial commission have not been fulfilled; violated the procedure established by the debtor's statute to make a decision to apply for membership Programs; (In the wording of Federal Law No. N 67-FZ) bankruptcy proceedings were instituted against the debtor in the arbitral tribunal. Article 15. Inclusion of the debtor in the programme participants If a decision is made to include the debtor in the programme, the territorial commission shall, within one week from the date of its adoption, notify the debtor of the inclusion He is a member of the program, stating that the terms of the restructuring of his debts will be determined within two months. CHAPTER V. PROCEDURES FOR DETERMINING THE CONTEXT RESTRUCTURING OF THE VALIDATION Article 16. Calculation of the financial condition of the debtor's debtor and definition of debt restructuring The Territorial Commission calculates the debtor's financial state according to established methodology for the calculation of these indicators. Depending on the financial condition of the debtor and in accordance with the basic terms of the debt restructuring, the territorial commission determines the option of debt restructuring. Article 17. Notice to creditors of the debtor of the proposed restructuring of debts The Territorial Commission issues a notice to the creditors of the debtor in which the proposed restructuring of the debts and the date proposed An extended meeting of the territorial commission with the invitation of the debtor's creditors. Article 18. Expanded meeting of the territorial commission 1. The extended session of the territorial commission is held with the participation of the creditors of the debtor. At the meeting, the proposed restructuring of debts is discussed and put to the vote. The decision on the terms of debt restructuring should be made by all members of the territorial commission authorized to sign debt restructuring agreements, unanimously. 2. If the members of the territorial commission did not vote unanimously, the territorial commission's meeting continues until the final determination and acceptance by all members of the territorial commission of conditions for the restructuring of the debts. 3. The conditions for the restructuring of debts and the results of voting of members of the territorial commission shall be drawn up by a protocol signed by all members of the territorial commission. 4. The protocol states separately that debt restructuring obligations are only valid with the consent of creditors, together with the right to settle at least 75 per cent of the debtor's accounts payable, The restructuring of the debts on conditions determined by the territorial commission, as well as the obligations of creditors represented in the territorial commission, do not initiate bankruptcy proceedings against the debtor of the Federal Republic by law "About insolvency (bankruptcy)", within the time required to sign an agreement on debt restructuring. 5. The debtor shall be notified of the decision of the territorial commission within the time limit set by article 15 of this Federal Act and, together with the notification, shall receive a draft agreement on debt restructuring. Chapter VI: AGREEMENT ON THE RESTRUCTURING OF THE DEBT. The essential terms of the agreement on debt restructuring The Debt Restructuring Agreement must be concluded in writing, signed by creditors, together with the right to maturity requirements of at least 75 interest in the debtor's accounts payable, and should contain: Specify the date on which the debts are fixed; the amount owed to each creditor with an indication of the share of total accounts payable; Specify the Terms and Order of Debt Restructuring; Specify the amount of the deferred and/or arrears payment; specify the payment schedule; the obligation of the debtor to make payments simultaneously to all creditors in proportion to their share in the total accounts payable; provision on the debtor's obligation to enter into a contract with the agent bank to open an account with a special regime to conduct settlements with creditors under the agreement; specifying the terms withdrawal of creditors from the agreement; liability of the debtor for failure to perform the said agreement, including partial failure. Article 20. Debt restructuring Debt restructuring provides for the complete cancellation of penalties and fines, the granting of delays and debriings to the principal and accrued interest, as well as the write-off of principal and accrued liabilities interest. Article 20-1. Some peculiarities of debt restructuring 1. Participants in a programme that did not commit violations of the terms of the rescheduling agreement or the participants in the programme affected by emergencies and (or) their consequences, including natural disasters, or as a result of The decision of the Principal State Veterinary Inspector of the Russian Federation and (or) the decision of the Chief State Veterinary Inspector of the Russian Federation Federation of Measures for the Elimination of Particularly Dangerous Diseases of Animals the number of birds (including the removal of animals, including birds), which led to a decline in the production of agricultural produce over the previous three years by 15 per cent and more The repayment of debts may be granted for a period of not more than two years or the repayment of debts by not more than three years in the order and under the conditions set by the Government of the Russian Federation. (In the wording of the Federal Law No. N 226-FZ) 2. Debts on taxes and fees collected on the basis of tax audits after the signing of the debt restructuring agreement and arising prior to the date on which debts are fixed in such an agreement are subject to restructuring within the established Under the terms and conditions set by the Government of the Russian Federation. (Article padded-Federal law dated 13.05.2008 N 67-FZ) Article 21. The term for the debt rescheduling agreement The length of the debt rescheduling agreement cannot be less than five years, with debt rescheduling and four years. The specified time period is saved when you re-participate in the program. (In the wording of the Federal Law No. N 226-FZ) Article 22. { \cs6\f1\cf6\lang1024 } United States { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b 0.5 per cent per annum. Article 23. The signing of the debt restructuring agreement 1. The debtor, in accordance with the model agreement on debt restructuring established by the Federal Government's Commissioner of the Federal Government of the Russian Federation, the terms and conditions of the restructuring The debts that have been proposed by the territorial commission, within one month of receipt of notification from the territorial commission and the draft agreement on debt restructuring, shall prepare and submit to the territorial commission an agreement on the debt restructuring. rescheduling its debts, signed by creditors, submitted to the territorial commission. (In the wording of Federal Law of July 23, 2008) N 160-FZ) 2. The territorial commission, within one week of receipt of the agreement referred to in paragraph 1 of this article, must take one of the following decisions: to sign the debt restructuring agreement by all members The territorial commission authorized to sign the agreement; to refuse to sign the agreement submitted. 3. To recommend representatives of the executive bodies of the State authorities of the constituent entities of the Russian Federation, local self-government bodies, joint-stock companies, natural monopolies and their subsidiaries To sign the debt restructuring agreements, to take a consolidated decision with representatives of the federal executive authorities and state off-budget funds on debt restructuring. Article 24. The territorial commission's refusal to sign a debt restructuring agreement The Territorial Commission may refuse to sign an agreement on the restructuring of its debts in cases: class="ed"> (Overtaken by Federal Law of 13.05.2008) N 67-FZ ) the conditions and procedures for debt restructuring proposed by the territorial commission; if the debt restructuring agreement was signed by insufficient number of creditors, of this Federal Law; If, in the case of the debtor, a bankruptcy case is brought before the arbitral tribunal. Article 25. Consequences of the signing of the agreement on the debt restructuring 1. Since the signing of the debt restructuring agreement by creditors, the imposition of penalties and fines for late payment by the debtor of the obligations under restructuring has been suspended. 2. A further agreement on debt restructuring is signed within one month of the signing of the debt restructuring agreement, providing for the restructuring of the debt on penalties and fines from the date specified in the restructuring agreement On the day of the signing of the debt restructuring agreement, the debt was fixed. 3. A month after the signing of the debt restructuring agreement, an additional agreement has been reached on the terms and conditions for the cancellation of the accrued debt restructuring agreement on the date of signing the agreement penalties and fines for violations of Russian legislation. funds may be carried out in a manner that is different from that of The conditions for the write-off of penalties and fines to be paid to other creditors. (In the wording of Federal Law No. N 67-FZ) The standard agreement for the writing-off of fines and penalties is prepared by the Federal Commission and approved by the Federal Government's [ [ Federal Executive Board]] authority. (In the wording of Federal Law No. N 160-FZ CHAPTER VII. MONITORING OF THE OBLIGATIONS OF THE OBLIGATIONS COMMITTED BY SECONDARY TO THE NETWORK MUST ROCKET TO AGREEMENT ON THE BOTTOM RESTRUCTURING Article 26. Control over execution of obligations assumed by the debtor 1. Monitoring of the performance of the obligations assumed by the debtor in the framework of the debt restructuring agreement is carried out by the agent bank. To this end, the debtor enters into an agreement with the agent bank to maintain a special account. 2. The debtor is required to pay the amount of the next payment under the rescheduling agreement to an account opened in the agent. 3. The agent bank allows for the cancellation of the account referred to in paragraph 1 of this Article only for the purpose of making payments under a debt restructuring agreement and only to all creditors at the same time. 4. The debtor is required to report to the bank on a quarterly basis that there is no bankruptcy case before the arbitral tribunal. 5. The bank-agent in the event of a debtor's breach of the terms of the debt restructuring agreement or in the event of a bankruptcy in the arbitral tribunal it is the duty of the bankruptcy court to inform all creditors of the occurrence of the events allowing the recognition of the said The agreement is terminated. Chapter VIII. CONSEQUENCES RECOGNITION OF THE AGREEMENT ON RESTRUCTURING OF THE DOLL RESTRUCTURING Article 27. The grounds for the termination of the agreement on the restructuring of debts The grounds for the termination of the debt restructuring agreement are: default and (or) late execution of the debtor Obligations under the debt restructuring agreement; default and/or untimely fulfillment of the debtor's obligations to creditors with which the debt restructuring agreement was signed; bankruptcy proceedings against the debtor; the debtor does not have the concept of a "agricultural producer", as defined by paragraph 3 of article 2 of this Federal Act. (The paragraph is supplemented by the Federal Law of 13 May 2008. N 67-FZ) Article 28. Order of termination on debt restructuring 1. The cancellation of the debt restructuring agreement under the circumstances specified in the second, third and fifth paragraphs of article 27 of this Federal Act is subject to the consent of the signatories to the debt restructuring agreement creditors, together with the right to pay at least 50 per cent of the debtor's accounts payable. (In the wording of Federal Law No. N 67-FZ) 2. Any creditor that has signed the debt restructuring agreement has the right to commence its termination on the grounds referred to in paragraphs 2, 3 and 5 of article 27 of this Federal Act. (In the wording of Federal Law No. N 67-FZ 3. The cancellation of the debt restructuring agreement under the circumstances specified in paragraph 4 of article 27 of this Federal Act is automatic. Article 29. The consequences of the termination of the agreement on debt restructuring All deferred and calculated obligations assumed by the debtor are deemed to have been delayed. CHAPTER IX. FINAL PROVISIONS Article 30. Final provisions 1. This law shall enter into force on the date of its official publication. 2. Invite the President of the Russian Federation to bring his normative legal acts into conformity with this Federal Law. 3. To instruct the Government of the Russian Federation to bring its normative legal acts into conformity with this Federal Act and to adopt the necessary legal acts to ensure the implementation of this Federal Act. 4. To recommend to the executive bodies of the constituent entities of the Russian Federation, local self-government bodies, joint-stock companies that are the subjects of natural monopolies and their subsidiaries, to take the decisions necessary for Implementation of this Federal Act. Article 31. Changes and additions to some Russian legislative acts in connection with the adoption of this Federal Law 1. Article 8 of the Federal Law of 31 July 1998 "On the Introduction of Part I of the Tax Code of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3825; 1999, N 28, sect. 3488) the following changes and additions: add a new part of the second reading: " Provisions of the Part of the First Code are not applicable to the relations regulated by the Federal Law "On financial rehabilitation of agricultural producers". "; parts two to nine should be considered as parts three to 10, respectively. 2. Article 8 of the Federal Law of 9 July 1999 "On the Introduction of the Budget Code of the Russian Federation". of the Russian Federation, 1999, No. 3492) the following changes and additions: add a new part of the second content: "Provisions of the Code " apply to the relations regulated by the Federal Act on financial rehabilitation of agricultural producers. "; President of the Russian Federation Vladimir Putin Moscow, Kremlin 9 July 2002 N 83-FZ