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On Amendments To The Federal Law "on State Material Reserve

Original Language Title: О внесении изменений в Федеральный закон "О государственном материальном резерве"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Federal Law "On State Material Reserve" Adopted by the State Duma on December 21, 2010 Approved by the Federation Council on 24 December 2010 Article 1 the State Material Reserve OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3; 1997, N 12, est. 1381; 1998, No. 7, sect. 798; 2004, N 35, sect. 3607; 2006, N 19, st. 636; 2009, N 1, article 21) the following changes: 1) in article 1: (a) the first part is supplemented by the words ", and is the property of the treasury of the Russian Federation"; b) in part two of the word "(hereinafter referred to as" the mobilization reserve) "to be replaced by the words" Number of mobilisation reserve) "; 2) in article 2: (a) paragraphs 4 and 5, amend to read: " Production of material from the state reserve-sales or transfer (including (free of charge) of the State' s reserve assets under certain conditions; responsible custody of the material assets of the state reserve-ensuring the responsible custodians of the state reserve of material values; "; b) in the paragraph Replace the words "replacement of material values from the State reserve" with the words "the replacement of the material values of the State reserve", the words "provided by the mobilization mission" delete; in) to add to the paragraphs , to read: " Responsible Custodian- of the Russian Federation, which is not part of the federal system of the State reserve of the Russian Federation and is responsible for maintaining the material assets of the State reserve without granting it the right to use these valuing; the material values of the state reserve-products (goods) placed in the state reserve and stored in the state reserve for storage; mobilization reserve-stocks of material values the State reserve for enforcement of the mobilization plans approved by the Government of the Russian Federation. "; 3) in article 3, paragraph 4, of the word" national economy "should be replaced by the word" economy "; 4) in article 4: (a) In paragraph 2, paragraph 2, the word "decisions" should be replaced by "acts"; (b) paragraph 3 should read: " 3. Inventory of State reserves, regardless of the location of such stocks, buildings, structures and other property belonging to the public reserve system, as well as the land on which the reserves are located are located and the subsoil areas used to store the material assets of the State Reserve are federal property and cannot be used as collateral. In accordance with the legislation of the Russian Federation, the State reserve is not subject to privatization. The Federal Executive Office of the State Reserve shall exercise, on behalf of the Russian Federation, the powers of the owner with respect to the assets of the State Reserve in the order and in the the limits set by this Federal Act, the acts of the Government of the Russian Federation. "; 5), article 7, as follows:" Article 7. The powers of the state authorities of the Russian Federation's constituent entities in respect of the state reserve of the State authorities of the constituent entities of the Russian Federation, if necessary, turn to In accordance with article 8 of article 8 of the Constitution, article 8 of the Constitution states that: " Article 8. Financing of the state reserve system 1. Maintenance and development of a public reserve system, as well as expenses related to supply of material value to the State reserve (excluding supplies for the purpose of refreshing the State reserve and replacing wealth State reserve, carried out by the custodians itself), the laying of material values in the State reserve, the responsible storage of the material assets of the state reserve, and maintenance of the material assets of the State reserve, production of The State reserve and the movement of the material assets of the State Reserve are the expense obligations of the Russian Federation. 2. Funds paid by recipients (purchasers) of material valuaries issued from the State reserve (excluding funds received by the custodians in the public reserve and replacement of reserves) (a) (a) (a), (b), (c), (c), (c), (c) and (c) Federal budget. "; 7) in Chapter II: a) , amend to read: " Chapter II. Supply of material values to the state reserve and storage of the material values of the state reserve "; b) in article 9: the name should read: " Article 9. Placing purchase orders of material assets in the public reserve "; paragraph 2 added with words", or its territorial bodies within the limits of the authority of the said federal authority of the executive branch "; paragraph 3, amend to read: " 3. The federal executive body, which controls the state reserve, forms proposals for a draft federal budget for the corresponding year on the structure of the state reserve system spending. "; paragraphs 6 and 7 (c) In article 10, the words "goods (goods) for"; g) in article 11: , amend the name to read: Article 11. The placement and storage of the material assets of the state reserve "; paragraphs 1 to 3 should be redrafted to read: " 1. The material values of the state reserve are placed in organizations that are part of the system of state reserves and specially designed for storage of the material values of the state reserve, and the responsible custodians. The Government of the Russian Federation is in the process of implementing the State Reserve System in the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The custody of the State reserve by the custodians is carried out on the basis of public contracts (including long-term government contracts) concluded by the federal executive branch, on the management of the State Reserve or its territorial bodies, taking into account the particularities established by this Federal Law. 3. The list of responsible custodians, the nomenclature and the number of material assets held by them (excluding the material assets of the mobilization reserve) are determined by special plans approved by the Government of the Russian Federation. Responsible custodians of the material assets of the mobilization reserve are determined by the mobilization plans approved by the Government of the Russian Federation. "; , in paragraph 4, replace the word" Organizations " with the words "Responsible curators", the words "in accordance with the specified tasks" delete; paragraph 5 should read: " 5. Reimbursement to the custodians of the costs of maintaining the State reserve shall be made in accordance with the terms of public contracts, within the limits of the budgetary obligations brought to the end of the year. The federal executive body administering the State Reserve. The procedure for compensating the responsible guardians of the costs of maintaining the material assets of the State reserve shall be established by the federal executive authority responsible for managing the public reserve. "; Paragraph 7, reading: " 7. The change in the organizational and legal form of the custodians or the change of their founders (participants) or owners of the custodians does not release the responsible custodians from the responsible custody obligations. Public reserve values. "; d) to supplement Article 11-1 as follows: " Article 11-1. { \field { \field { \cs6\f1\cf6\lang1024 } { \field { \cs6\f1\cf6\lang1024 } { \field { \cs6\f1\cf6\lang1024 } { \field { \cs6\f1\cf6\lang1024 } { \field { \cs6\f1\cf6\lang1024 } Supplies of material value to the state reserve are supplies of products for federal state needs. 2. Material values that are provided to the public reserve and for which safety requirements for life, consumer health and environmental protection are established must have conformity certificates, or The declaration of compliance with the requirements for the entire shelf life of the material assets of the state reserve. 3. The terms and conditions for the storage of the material assets of the State reserve shall be established by the federal executive authority responsible for the management of the State reserve, taking into account the requirements of technical regulations and other mandatory provisions. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The federal executive body administering the public reserve has the right: to enter into long-term state contracts for the supply of material values to the state reserve; set requirements for the quality of the material values, packaging, packaging, and retention schedules; work to restore the material assets of the State Reserve; packagings, packages aimed at maintaining consumer properties, The quality of material values and the extension of their shelf life; to move the material values of the state reserve between the custodians and the organizations of the public reserve system, by the Government of the Russian Federation. The movement of the material assets of the mobilization reserve is carried out in coordination with the federal executive authorities, the developer of the mobilization plan. "; 8), the title of chapter III should read: " Chapter III. The release of the material values from the state budget of the reserve; 9) Article 12 to declare invalid; 10) in article 13: (a) in paragraph 1: in the third paragraph, the word "temporary" should be deleted; Paragraph 5 should read: "to provide emergency response;"; to add the following paragraphs: " to provide humanitarian assistance assistance; to provide regulatory impact on the market; to ensure the mobilization needs of the Russian Federation; to provide state support to various sectors of the economy, organizations and entities of the Russian Federation in order to stabilize the economy on temporary Supply of critical commodities and fuel and energy resources, food in the event of imbalances between supply and demand in the domestic market. "; (b) paragraph 2 should read as follows: " 2. The release from the state reserve of material assets held in the organizations of the state reserve system for the purpose of refreshing the reserves of the state reserve is carried out on the basis of a decision of the federal executive body The authorities responsible for the management of the State reserve. The inventory of the reserve of the State reserve may be made in the form of processing of tangible goods into the items of the material assets of the State reserve, followed by a bookmark in the State reserve. reserve. { { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \} { \cs6\f1\cf6\lang1024 } { \} { \cs6\f1\cf6\lang1024 } { \ul } } { \cs6\f1\cf6\lang1024 } State { \cs6\f1\cf6\lang1024 } { \b } Reserve } funds. For certain types of material values of the State Reserve, the Government of the Russian Federation may prescribe a different procedure for refreshing the reserves of the state reserve and replacing the material assets of the state reserve. "; (c) In paragraph 3, the word "temporary" should be deleted, the word "decisions" should be replaced by the word "act"; in paragraph 4, the word "organization" should be deleted; (d) paragraph (7) should read: " 7. The release of tangible property from the State reserve is carried out on the basis of treaties concluded by the federal executive authority responsible for the management of the state reserve or its territorial reserve The recipient authority. "; (e) paragraph 8 should be redrafted to read: " 8. The amount of money from the State reserve is set at a cost. The amount of this fee is determined in accordance with the procedure established by the Government of the Russian Federation by the federal executive branch, which controls the state reserve, based on the value of borrowed from the State reserve. and cannot exceed the current refinancing rate of the Central Bank of the Russian Federation. "; , paragraph 9: the first paragraph should read: " 9. The release of material values from the State reserve is carried out on the basis of the act of the Government of the Russian Federation. The unarmoured material values of the State reserve, prior to their issuance, constitute the property of the treasury of the Russian Federation. "; the second paragraph to declare invalid; (s) to supplement paragraphs 10 to 16 as follows: " 10. The release of material assets from the State reserve for emergency operations is carried out at the request of the Government of the Russian Federation, on the basis of a request from the federal authority OF THE PRESIDENT OF THE RUSSIAN FEDERATION State reserves of inventories are restored to the deadlines set by the Government of the Russian Federation at the expense of their recipients or otherwise established by the Government of the Russian Federation. 11. The release of material assets from the State reserve for humanitarian assistance is carried out at the request of the Government of the Russian Federation with the subsequent edition of the act of the Government of the Russian Federation. 12. Production of material assets from the state reserve to provide regulatory impact on the market, as well as to provide state support to various sectors of the economy, organizations and entities of the Russian Federation for stabilization purposes In the event of temporary disruption of supply of essential raw materials and fuel and energy resources, food in the event of an imbalance between supply and demand in the domestic market is carried out on the basis of acts of the Government of the Russian Federation. 13. In order to refresh the reserves of the state reserve, to replace the material values of the state reserve and to reserve the material assets of the state reserve, the material values, which do not have access to the market, and the material assets. The values that cannot be realized in the present form are subject to destruction or disposal on the basis of the acts of the Government of the Russian Federation. 14. The issuance of material assets from the State reserve to ensure the mobilization needs of the Russian Federation is carried out on the basis of an act of the Government of the Russian Federation. 15. The Government of the Russian Federation shall determine the procedure for the implementation of the material values issued from the State reserve. 16. The federal executive body administering the public reserve has the right to transfer to the responsible custodians, on the basis of public contracts, part of their functions for the production of goods from the State reserve. "; 11) in article 14: (a) in the name of the word" stabilization of the economy and "delete; (b) paragraph 1 should read: " 1. The material values of the State Reserve under the acts of the Government of the Russian Federation can be used to provide regulatory impact on the market in the form of commodity interventions in the manner established by the Government of the Russian Federation. Federation. "; 12) Part Two of Article 15 should be redrafted to read: " Material values issued from the State Reserve for Emergency Response and Emergency Response humanitarian assistance are being accepted for transport by organizations on presentation of goods without prior payment. "; 13) in article 16: (a), paragraph 1, to be declared invalid; (b) paragraph (2) should read: " 2. For underdelivery, incomplete material bookings to the State reserve, respectively, the custodian is liable to pay a fine of 50 per cent of the value of undelivered, undelivered goods. For delay of delivery, the laying of material values in the state reserve, respectively with the supplier, the responsible custodian is charged at 0.1 percent of the cost of late delivery "(c) In paragraph 3, the words" one three hundredth of the current refinancing rate of the Central Bank of the Russian Federation from "should be replaced by" 0.3 per cent "; g) in paragraph 4 of the Custodian of the said values shall be liable to a fine of 100% of the value of the value not shipped at the time of material value and "substitute the responsible custodian"; (5), amend paragraph 5 to read as follows: " 5. For the supply, the bookmark to the State reserve of tangible assets that are unsuitable for long-term storage, incomplete or not in accordance with their quality and the range of conditions of the state contract, respectively, the supplier, The custodian shall be liable to a fine of 20 per cent of the value of the defective goods (not in conformity with the terms of the State contract). "; e) in paragraph 6: in the first paragraph of the first sentence (bookmark) "replace" delivery, bookmark ", words" manufacturer (supplier) pays "substitute the supplier, the custodian shall pay"; in the second paragraph, "The manufacturer (supplier) is obliged" to replace the words "Supplier, the Custodian of the Custodian"; f) in paragraph 7 In the words "intended", replace the words "manufacturer (supplier)" with the word "supplier"; , paragraphs 8 and 9, amend to read: " 8. A penalty of 0.3 per cent of the value of missing or poor material assets for each storage day from the date of detection is recovered for the failure to protect the material assets of the State reserve of the said fact until the stocks are fully restored to the state reserve. 9. In determining the case of a raw-welded operation on the property, the responsible custodians pay 0.3 per cent of the value of the property for each day's storage formalizing the specified transaction to the actual material value added to the public reserve. "; and), in paragraph 10, the word" recipients "should be replaced by the words" Recipients (purchasers) "; , paragraph 11, shall be declared invalid; Paragraph 12 should read: " 12. In case of violation of the rules and conditions of storage of the material assets of the state reserve, as well as in cases of untimely refreshment of the reserve of the state reserve, replacement of the material values of the state reserve, storage of material The values of the state reserve, which do not correspond to the nomenclature of the State reserve, the requirements of technical regulations and other mandatory requirements in accordance with the legislation of the Russian Federation, responsible Custodians pay a fine of 20 per cent of the value of property. In case of late submission of the prescribed form, the responsible custodians shall pay a fine of 100,000 roubles. "; m) paragraph 13 to be declared invalid; n) in paragraph 17, the word" recovery " should be replaced "redemption". Article 2 Recognize lapd: 1) paragraph 9 and paragraph 10 of Article 1, paragraph 10 of the Federal Law dated February 12, 1998, N 27-FZ " On making changes and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 798); 2) paragraph 3 of paragraph 4 and paragraphs 3 and 4 of Article 43 of the Federal Law of 22 August 2004 N 122-FZ " O OF THE PRESIDENT OF THE RUSSIAN FEDERATION on the organization of legislative (representative) and executive OF THE PRESIDENT OF THE RUSSIAN FEDERATION 33,7); 3) Article 3 of the Federal Law of 30 December 2008 N 313-FZ " On introducing amendments to certain legislative acts of the Russian Federation Russian Federation in connection with the possibility of replacing the mandatory certification with declaration of conformity. 21). President of the Russian Federation Dmitry Medvedev Moscow, Kremlin December 28, 2010 N 405-FZ