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On State Defense Order

Original Language Title: О государственном оборонном заказе

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RUSSIAN FEDERATION FEDERAL LAW On State Defence Order adopted by the State Duma on December 19, 2012 Approved by the Federation Council on 26 December 2012 class="ed">(Revision of federal laws of 28.12.2013) N 396-FZ; dated 29.06.2015 N 159-FZ; dated 13.07.2015. N 216-FZ Chapter 1. General provisions Article 1. The subject of regulation of this Federal Act This Federal Law sets out the legal basis for state regulation of relations related to the formation, peculiarities of the placement of, The implementation of the state defense order and state control (supervision) in the sphere of state defense order, defines the basic principles and methods of state regulation of prices for goods, works, services (hereinafter-also- (...) (...) In the wording of Federal Law No. N 159-FZ) Article 2. Legal regulation of relations in the scope of the state defense order 1. The legal regulation of relations in the sphere of state defense order is based on the Constitution of the Russian Federation and is implemented in accordance with the Budget Code of the Russian Federation, the Civil Code of the Russian Federation, the present Federal law, federal laws in the field of defense and security of the Russian Federation, supply of products for federal needs, legislation of the Russian Federation on contractual system in procurement of goods, works and services for Public and municipal needs, as well as OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law No. N 396-FZ 2. The provisions of federal laws and other normative legal acts of the Russian Federation concerning the subject matter of the regulation of this Federal Act shall be applied in part not contrary to this Federal Act. 3. If an international treaty to which the Russian Federation is a party establishes rules other than those provided for by this Federal Act, the rules of the international treaty shall apply. Article 3. Key concepts used in this Federal Law For the purposes of this Federal Act, the following basic concepts are used: 1) State Defense Order-established by regulations OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation; 2) the state customer of the state defense order (hereinafter referred to as the state customer) is the federal executive body of the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities of "Roskosmos", which supplies products under the state defense order; Law dated 13.07.2015 N 216-FZ ) (3) the head performer of the State defence order (hereinafter referred to as the lead singer) is a legal entity established in accordance with the legislation of the Russian Federation and concluded with State customer service contract for state defense order; 4) performer involved in the supply of products under the state defense order (hereinafter-the executor)-the person who is part of Collaborating the lead singer and concluding a contract with the head by the executor or executor; (In the wording of Federal Law of 29.06.2015) N 159-FZ ) 4-1) of the co-operative (hereinafter-the co-operative)-the aggregate of persons involved in the supply of products under the state defense order within the framework accompanied transactions. The cooperation consists of the lead performer of the state contract with the state customer, the executors of the contracts with the lead singer, and the executors of the contracts with the performers; (Item padded-Federal Law of 29.06.2015 N 159-FZ4-2) authorized bank-bank selected by the lead singer in accordance with this Federal Law and established in accordance with the legislation of the Russian Federation; (Paragraph added- Federal law of 29.06.2015 N 159-FZ) 5) the main indicators of the state defense order are the financial support of the state defense order, approved by the federal law on the federal budget for the next fiscal year, and plan period; 6) state defense contract (hereinafter referred to as the state contract)-a contract concluded by the State customer on behalf of the Russian Federation with the lead on delivery for State defence orders and providing for the obligations of the parties, their liability; 7) the contract is a contract concluded in writing by the lead singer with the executor or between the executors of the product required by the lead singer, Executor for the execution of the state defense order, including obligations of the parties and their responsibility; (In the wording of the Federal Law dated 29.06.2015 N 159-FZ ) 8) accompanied by the state contract and all contracts concluded for the purpose of its execution between the persons who are part of the cooperation; (Paragraph added: Federal law dated 29.06.2015 N 159-FZ )9) calculations of state defense order-any calculations on state defense order in the framework of accompanied transactions between state customers, lead singers, Executive officers with the participation of authorized banks; (Paragraph added-the Federal Law of 29.06.2015). N 159-FZ) 10) a separate account-an account opened to the principal, the executor of the authorized bank to carry out calculations of state defence order in accordance with the terms of the state contract, each (...) (...) N 159-FZ ) 11) bank supervision of accompanied transaction (hereinafter referred to as bank escort)-providing by the authorized bank in accordance with the procedure established by this Federal Law, as well as a bank escort agreement, signed with the lead executor, the executor of the cooperation: (a) monitoring of the settlements, including the control of the transfer orders (hereinafter referred to as the order) Federal law and other regulations OF THE PRESIDENT OF THE RUSSIAN FEDERATION (b) The transfer to the federal defence authority of the calculations of the State defence order and the participants in such calculations, including the documents that are the basis for the payment; in) of the Federal Act relating to the operation of of a separate account; g) to commit other acts provided for by this Federal Law and other regulatory acts of the Russian Federation, as well as regulatory acts of the Bank Russia; (Point padded to Federal Law of 29.06.2015) N 159-FZ) 12) the financial monitoring body is the federal executive body taking measures to counteract the legalization (laundering) of proceeds of crime and the financing of terrorism; (Paragraph amended by the Federal Law of 29.06.2015) N 159-FZ) 13) the identifier of the state contract is a unique number assigned to a specific state contract and subject to instruction in all contracts, as well as in the orders issued by the State by customers, lead executors and executors in the calculation of the state defence order in the framework of the accompanying transaction; (Paragraph added-Federal law dated 29.06.2015 N 159-FZ ) 14) a single information system containing information on the calculations of the state defense order (hereinafter referred to as the single information system of the state defense order), the totality of information on the calculation of the The State' s defence order, other information provided by this Federal Law and its processing of information technologies and equipment. Access to information contained in the uniform information system of the State defence order, the storage, processing, provision and use of such information shall be subject to the requirements of the legislation of the Russian Federation State secrets; (Paragraph added is the Federal Law of 29.06.2015). N 159-FZ ) 15) the federal defense authority is the federal executive body responsible for formulating and implementing state policy, regulatory and legal regulation in the field of defence To maintain and maintain a unified information system of the state defence order; (Paragraph is amended by the Federal Law of 29.06.2015). N 159-FZ ) 16) the controlling body is the federal executive body exercising the functions of state control (supervision) in the sphere of state defense order. (Paragraph amended by the Federal Law of 29.06.2015) N 159-FZ) Chapter 2: Formation, Approval and Allocation of the State Defence Order Article 4. Formation of state defense order 1. The basis for the formation of the state defense order is: 1) the military doctrine of the Russian Federation; 2) plans for the construction and development of the Armed Forces of the Russian Federation, other troops, military formations and (a) The Russian Federation's (federal) programme for the protection of the Russian Federation; 6) military and technical cooperation programmes and plans OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation. 2. The state defense order can include: 1) research and development works on the creation, modernization of weapons, military and special equipment, as well as the disposal and destruction of withdrawn from of arms, military and special equipment; 2) research and development of research, design and production and technological base of the organizations for the purposes of Implementation of the State defence order, as well as of the Russian Federation; (3) supply of arms, military and special equipment, as well as raw materials, materials and components; 4) supplies of military equipment, food and equipment :: Repair, modernization of weapons, military and special equipment, maintenance and decommisation of weapons, military and special equipment; 6) Destruction of Chemical Weapons; 7) The construction, reconstruction and technical re-equipment of facilities intended for the defence and security needs of the Russian Federation, including for the disposal of decommised weapons, military and special equipment; " (8) the mobilization of the Russian economy; 9) the supply of products in the sphere of military-technical cooperation of the Russian Federation with foreign countries in accordance with international standards. OF THE PRESIDENT OF THE RUSSIAN FEDERATION for the accumulation of material assets of the State material reserve; 11) other supplies determined in accordance with Part 1 of this article, in order to ensure the defence and security of the Russian Federation. 3. The state defense order is formed based on the main indicators of the state defense order. 4. The proposals on the main indicators of the state defense order are drawn up in the preparation of the draft federal budget for the next financial year and the plan period on the proposals of state customers. 5. The composition, rules and regulations of the State defence order and its main indicators shall be determined in accordance with the procedure established by the Government of the Russian Federation. Article 5. State Defence Order Assertion 1. The Government of the Russian Federation approves the state defense order and activities for its implementation within one month after the signing by the President of the Russian Federation of the federal law on the federal budget for the next fiscal year and the planning period. 2. In approving the state defense order, the Government of the Russian Federation approves the state customers. 3. The state defense order can be specified within the main indicators of the state defense order based on the results of its placement and on the course of its implementation, as well as in the case of changes in the current financial year Federal Act on the federal budget for the current fiscal year and the plan period. 4. The procedure for specifying the state defence order is established by the Government of the Russian Federation when it is approved. Article 6. State defence order placement 1. The state defense order is implemented in accordance with the procedure established by the legislation of the Russian Federation on the contractual system in the sphere of procurement of goods, works and services for state and municipal needs, taking into account The Constitution of the Russian Federation (In the wording of Federal Law No. N 396-FZ) 2. When placing a state defense order through the use of competitive means to identify suppliers (contractors, contractors) to create, modernize, supply, repair, service and dispose of weapons, military and The state customer has the right not to establish a requirement to ensure the performance of a state contract if they are determined by the Government of the Russian Federation requirements to the participants of the placement State defence order for their respective production facilities, technological equipment, financial and labour resources for the performance of the State contract. (In the wording of Federal Law No. N 396-FZ 3. In the deployment of the state defense order for the supply of weapons, military and special equipment, military equipment, supplies, into operation, competitive documentation, auction documentation, The documentation for the request for proposals should contain an indication of the names or trademarks of such weapons, military and special equipment, military equipment. (In the wording of Federal Law of 28.12.2013) N 396-FZ 4. Definition of the initial (maximum) price of the state contract when placing the state defense order by using competitive means of identifying suppliers (contractors, contractors), as well as prices The state contract in case of placing a state defense order from the sole supplier (contractor, contractor) is carried out in accordance with the procedure established by the Government of the Russian Federation. Law dated 28.12.2013. N 396-FZ 5. In case of execution of a state contract, the subject of which is the delivery of products under state defense order in accordance with the state armament program approved by the President of the Russian Federation, and The price of such a contract may be changed by the decision of the Government of the Russian Federation when the state defense order is approved by the Government of the Russian Federation. regular year and plan period or in the clarification of the state defense order for the current year. 6. The State defence order is mandatory for adoption by the sole supplier (contractor, contractor), certain legislative acts of the Russian Federation and acts of the President of the Russian Federation, acts of the Government of the Russian Federation, provided that the state defense order provides a profit level in the calculation of the price of the supplied products under the state defense order in the manner determined by the Government of the Russian Federation with regard to the determination of the price. State contracts as well as State unitary enterprises and/or other organizations which are dominant in the product market for a state defence order, in the event that the applicants for the state defence order by way of The use by the State customer of competitive means of identifying suppliers (contractors, contractors) is not available or as a result of such a definition of suppliers (contractors) the lead agent is not defined. (In the wording of Federal Law of 28.12.2013) N 396-FZ) 7. In order to fulfill the state defense order, the quotas of obligatory deliveries (state reservation) of the most important types of material and technical resources to the state customer, the head performer, and the performer are established. by supplier organizations, by manufacturers, irrespective of their organizational and legal form. The establishment of these quotas and the establishment of the list and the amount of the material and technical resources approved as part of the State Defence Order, the procedure for fixing public regulated prices within these quotas for those quotas. Logistics resources are defined by the Government of the Russian Federation. (...) (...) N 159-FZ) 8. The Government of the Russian Federation shall establish the dates for the placement of the State defence order. Article 6-1. Public Contract Identifier 1. Each state contract must be included in the register of contracts, which is maintained in accordance with the legislation of the Russian Federation on the contractual system in the procurement of goods, works and services for the provision of public services, and Municipal needs (hereinafter referred to as also in this article-the register of contracts) is assigned the identifier of the state contract, which includes the following information: 1) the identification code of the state customer; 2) How to define a supplier (contractor, contractor); 3) State Contract; 4) Year End of the State Contract; 5) The ordination of the public contract, which is assigned consecutially in accordance with the end of the contract numbering within the calendar year, separately for each government customer. The procedure for forming the state contract identifier is established by the federal defense authority in conjunction with the federal executive body implementing the law enforcement functions for cash services OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Information on the identifier of the state contract is sent by the state customer to the federal executive authority exercising law enforcement functions on cash services for the execution of budgets of the budget system OF THE PRESIDENT OF THE RUSSIAN FEDERATION procurement of goods, works and services for the Municipal needs, in accordance with the procedure established by the Government of the Russian Federation for the maintenance of a register of State and municipal contracts entered into by State or municipal clients. 3. The Federal Executive Committee, which exercises law enforcement functions on cash services for the budget system of the Russian Federation, ensures compliance with the requirements of the legislation of the Russian Federation. State secrets free of charge to the information contained in the contract register: 1) to the state customer-to the details of the state contract; 2) to the head artist-to the information about the State Contract; 3) the executor The details of the State contract for which they were contracted; 4) to the authorized bank-to the details of the State contract, the bank accompanying it; 5) of financial monitoring; 6) of the Accounts Chamber of the Russian Federation; 7) to the federal executive body, which exercises public policy and regulatory functions in the sphere Industrial and military-industrial complexes. 4. The identifier of the state contract is specified in the order established by the Bank of Russia to specify a unique identifier of the payment. (Article added-Federal law dated 29.06.2015 N 159-FZ) Chapter 3. Basic rights and duties of the state customer, lead artist, executor (In the wording of Federal Law dated 29.06.2015 N 159-FZ) Article 6-2. The main rights of the state customer State customer: 1) has the right to request from the leader the information necessary to change the price of a state contract in accordance with Article 6, paragraph 5, of this Federal Law, including the justification for its amendment; 2) is entitled to receive from the federal authority in the field of defence, in compliance with the requirements of the Russian Federation's legislation on state secrets information system of the public information system The defence order of the State contracts awarded to them; 3) has the right to refer to tax authorities, customs authorities for the performance of the duties stipulated in article 7, paragraph 9, of this Federal Act. OF THE PRESIDENT OF THE RUSSIAN FEDERATION also personal data. The list of information and documents, the procedure and deadlines for their submission are determined by the agreement on cooperation between tax authorities, customs authorities, the Pension Fund of the Russian Federation and the Social Insurance Fund of the Russian Federation. by a public customer. The State client is obliged to keep the tax, bank, official and business secrets, personal data, confidentiality and security of the information disclosed, and is responsible for their disclosure in of the Russian Federation; 4) has the right to increase the amount of the federal budget allocated to it in accordance with the budgetary laws of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION State defence order sphere (hereinafter referred to as law in the sphere of state defense order) and compensation for damage caused to the Russian Federation as a result of violation of the law in the sphere of state defense Orders listed in the federal budget by the lead executor, executor under subparagraphs (b) and (g) of paragraph 2 of Article 15-2 of this Federal Law of the Rules for Violation of the Laws in the Sphere of Legislation state defense order; 5) has the right to access Cooperation information; 6) exercises other rights under the laws of the Russian Federation. (Article padded-Federal law dated 29.06.2015 N 159-FZ) Article 7. The main duties of the state customer State customer: 1) develops with the involvement of the lead performer, performers determined in accordance with the established procedure, proposals by volume supply of the state defense order and its main indicators; 2) organizes and arranges orders for the supply of products under the state defense order; 3) forms the initial (maximum) State contract price for accommodation The state defense order by using competitive means of identifying suppliers (contractors, contractors), as well as the price of a state contract when placing a state defense order at the sole supplier In accordance with the legislation of the Russian Federation; 4) enters into government contracts and takes the necessary measures to execute them; 5) assigns to each state contract the identifier of the State contract and indicates it in the State contract; 6) includes in the state contract the condition for the implementation of the calculation of the state contract only with the use of separate accounts opened in the authorized bank, with the exception of state contracts in the sphere procurement of goods, works, services for the purpose of providing the foreign intelligence agencies of the Russian Federation with the means of intelligence activities, in order to provide the Federal Security Service with the means of counterintelligence, the fight against terrorism, as well as for the support of the State Corporation "Rosatom" of goods, works, services for the development, testing, production, dismantling and disposal of nuclear warheads and nuclear explosives, ensuring their safety and security at all stages of the life cycle, maintaining basic facilities and critical technologies at all stages of the life cycle of nuclear weapons, nuclear weapons, including nuclear and radiation safety, the formation of state stocks of special raw materials and fissile material; 7) uses only a separate calculation for a government contract an account opened in the authorized bank to the head performer with whom the State employer has a state contract, provided that such a principal contractor has a bank escort agreement entered into with the authorized bank; 8) provides advance payment and payment for state defense order deliveries under the terms of government contracts; 9) controls the targeted use of the lead agent budget allocated from the federal budget for the supply of products under the state defence order; 10) monitors the security of the lead singer, as well as the perpetrators (subject to inclusion in the government contract and the contract of control provisions) Supplies of the state defense order according to the state contract, contract; 11) participate in tests of experienced and serial samples (complexes, systems) of weapons, military and special equipment, military property, as well as materials and components; 12) Organizes and conducts state tests of prototypes (complexes, systems) of weapons, military and special equipment, military equipment, prepares documentation for acceptance of them into service, supply, and into operation; 13) It monitors the quality of goods, works and services, which are supplied, carried out, carried out under the state defense order, in accordance with the requirements of the legislation of the Russian Federation, regulations and other acts of the State Customer, terms of the state contract; 14) provides the acceptance of a state defence order product under the terms of the public contract; 15) approves the technical documentation required for the production and production of arms, Military and special equipment, military equipment; 16) takes account of the results of scientific and technical activities received during the execution of the state defense order by or with funds the federal budget; 17) sends it to the authorized bank Notice of full execution of the state contract; 18) performs other duties in accordance with the law of the Russian Federation. (Article in the wording of Federal Law dated 29.06.2015 N 159-FZ) Article 7-1. The main rights of the lead artist, performer Executor, executor: 1) to request from the executors the information provided for by this Federal Law; 2) To receive from the federal authority in the field of defence, in compliance with the requirements of Russian legislation on state secrets, access to information contained in the unified information system of the state defense order. The perpetrator has the right to have access to information on his/her public contract and on contracts entered into in the framework of his cooperation, the perpetrator to information on contracts entered into by him for the performance of the State contract; 3) to include in agreement with the state customer (the lead performer) in the state contract, the contract for the condition of reimbursement (compensation) after the performance of the state contract, the contract within the price the contract of the lead singer, by their own means of spending on the formation of a stock of goods, raw materials, materials, semi-finished products, components necessary for the execution of the state defense order, provided that the principal was confirmed, by the performer of the actual costs associated with the formation of such reserve; 4) to exercise other rights in accordance with the laws of the Russian Federation. Federal law dated 29.06.2015 N 159-FZ) Article 8. The main duties of the lead executor, executor 1. The principal: 1) defines the composition of the performers, based on their participation the price of the products of the state defense order, the terms and conditions of financing, including advances, the supply of such products (in general, and on the whole separate steps). When forming, refining the state defense order (prior to the conclusion of the state contract), the lead performer determined in accordance with the established procedure shall disclose in compliance with the requirements of the legislation of the Russian Federation State secrets about its cooperation, as well as the rationale for the price of such products (including at each stage of the execution of the state contract), the possible time frame and the procedure for the formation of its supply. The procedure for forming the cooperation is established by the Government of the Russian Federation; 2) chooses the authorized bank and concludes with the bank escort contract; 3) notifies (prior to the award of contracts) the perpetrators, In its cooperation, it is necessary to conclude a bank escort agreement with the authorized bank, selected by the principal, providing for the opening of a separate account for each contract; 4) includes the state contract ID on the executors ' contracts; 5) observes the use of a separate account established by this Federal Law; 6) determines in contracts with performers a mandatory condition of the calculation using a separate account opened in the selected principal by the authorized bank; 7) uses only the individual accounts opened by the parent for the calculation of the contracts entered into contracts, in the authorized bank, if any 8) provides at the request of the state customer, the financial monitoring body, the authorized bank, with whom the principal has the authority A bank escort contract has been concluded, within five working days of receipt of the specified request, information about each engaged lead singer (full name of the performer, his address (location), number manager's telephone number, tax identification number, reason code ) and other information provided by this Federal Law; 9) specifies the identity of the State Contract; 10) provides enforcement The obligation under this Federal Act to provide the information necessary for the control of orders; 11) shall take the necessary measures to execute them when entering into contracts with the perpetrators; inform the artists that the contracts are awarded, executed in The objectives of the State defence order; 12) provide for the supply of products under the state defence order under the terms of the State Contract; 13) organizes and holds the required The technical documentation of the test of prototype and serial samples (complexes, systems) of armaments, military and special equipment, military equipment, and materials and components; 14) ensures that the products are in conformity with supplied under State defence order, mandatory The requirements laid down by the State customer in accordance with the laws of the Russian Federation on technical regulation and (or) state contract; 15) ensure the quality of goods, works, services, respectively In accordance with the requirements of the legislation of the Russian Federation, the regulations and other acts of the State customer, the terms of the state contract; 16) Ensure the implementation by the State customer and Controlling the performance of the state contract, including at certain stages of its execution; 17) ensures that the state customer is able to control the conformity of the quality of goods, The work, services, provided, carried out, carried out under the state defense order, requirements of the legislation of the Russian Federation, normative and other acts of the state customer, conditions of the state contract; 18) records results separately financial and economic activities under each government contract; 19) submits, at the request of the State client, the controlling authority, the information on the price of the proposed product for delivery calculated-accounting materials, as well as information on the costs of public contracts, contracts; 20), provide the State client with the justification necessary for the performance of the project. Changes in the price of a government contract, and in case of price increases The state contract also provides a list of measures aimed at reducing costs; 21) represents (after full implementation of the state contract and receipt of the relevant notice from the authorized bank) in The authorized bank to close a separate account opened for the calculation of such a state contract; 22) performs other duties in accordance with the laws of the Russian Federation. 2. The perpetrator: 1) ensures that the supply of products under the state defense order, including materials and components, is in compliance with the requirements established by the contract; 2) concludes with the authorized bank, The selected principal, the bank escort contract; 3) notifies (prior to the conclusion of contracts) other performers of the need to enter into a bank agreement with the authorized bank of the obligation, including the right to opening for each contract of a separate account; 4) includes the state contract identifier in contracts concluded with other performers; 5) observes the mode of use of a separate account set by the present Federal law; (6) defines in contracts with other performers a mandatory condition for the performance of such contracts, using for each contract of a separate account opened by the Commissioner the bank selected by the lead executor; 7) uses For the calculation of the contracts, only separate accounts opened in the authorized bank to other performers with whom the contractor has concluded contracts, subject to the presence of bank escort contracts entered into with the authorized bank; 8) provides at the request of a state customer, a financial monitoring body, a lead singer, another performer with whom the contractor has a contract, the authorized bank with whom the contractor has concluded Banking escorts, within five working days from the date of receipt specified query information about each person involved in the execution of the contract of the performer (full name of the performer, his address (location), the manager's telephone numbers, the identification number of the tax payer, the reason code ) and other information provided by this Federal Law; 9) specifies the identity of the State Contract; 10) provides enforcement under the present Federal Act on the providing the information necessary for the control of the orders; 11) gives the lead performer information about each case in the framework of the contract collaborations with other performers; 12) accepts When entering into contracts with other performers, the necessary measures for their execution inform the perpetrators that the contracts are concluded, executed in order to perform the state defence order; 13) organizes and executes the technical documentation of the test of the test and production samples of materials and components; 14) ensures the quality of goods, works, services delivered, delivered, delivered on state defence order, in accordance with the requirements of the Russian Federation and the terms and conditions of the contract; (15) provides for the possibility of implementation by the State customer, the lead singer (when included in the state contract and the contract of provisions on the right of control); and controlling the performance of the contract, including the individual (c 16) maintains separate records of the financial and economic performance under each contract; 17) provides information on the costs of the executed contracts at the request of the head office; 18) submits (after full implementation of the state contract and receipt of the relevant notice from the authorized bank) to the authorized bank to close a separate account opened for the calculation of the 19) performs other duties as provided by OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The actions (inaction) of the lead singer, the performer carrying out unreasonable overstatement of the price of products under the state defense order, non-performance or improper performance of the state contract are prohibited, including: Actions (Inactivity): 1) to include in production costs (sales) of production costs not related to production (implementation); 2) to establish economically, technologically and/or other The non-justified price of the products supplied to the customer or the principal, the performer who has exceeded the price in the relevant product market; 3) to use the funds received under the contract, the contract of funds for purposes other than the execution of the State Defence order. 4. In case of cessation of deliveries of products under state defense order for another year and during the plan period, the head performer is not entitled to liquidate or reprofile without coordination with the state customer the capacity to supply such products. 5. The procedure for the approval by the State employer of the possibility of liquidation or reprofiling of the production facilities specified in Part 4 of this Article and for damages caused to the principal by reason of non-use by decision State customer of specified production facilities, established by the Government of the Russian Federation. (Article in the wording of Federal Law from 29/06/2015 N 159-FZ) Chapter 3-1. Bank escort (Chapter padded to Federal Law of 29.06.2015) N 159-FZ) Article 8-1. Authorized banks 1. Bank escort may be carried out by a bank established in accordance with the laws of the Russian Federation and corresponding to the following criteria: 1) the bank has its own funds (capital) as of The number of Russian banks is under the control of the Russian Federation or the Bank of Russia. For the purposes of this Federal Law, under the control of the Russian Federation or the Bank of Russia, it is understood that the Russian Federation or the Bank of Russia may decide, directly or indirectly (through a legal person or through a number of legal entities), of the decisions, by the Bank by disposing of more than fifty per cent of the total number of votes of the voting shares (shares) constituting the authorized capital of the bank, to appoint a single executive body and (or) more than 50 per cent of the Supervisory Board (Board of Directors) bank; 3) the bank must be licensed to carry out work related to the use of information constituting a state secret. 2. The Government of the Russian Federation, in consultation with the President of the Russian Federation, has the right to decide on the allocation of a bank that has a positive experience in servicing a state defence order that does not meet the criteria established by the Government. 2 (1) and (2) of part 1 of this article, to the category of authorized banks. 3. The Bank of Russia provides a monthly list of banks meeting the criteria established by this article on its official website in the information and telecommunications network Internet. 4. In the event that the Government of the Russian Federation has taken the decision provided for in part 2 of this article, the Bank of Russia shall include the bank in the list of authorized banks, as provided for in part 3 of this article, on the basis of the notification. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. Each lead singer for the performance of a public contract (separately for each public contract) shall be obliged to select from the list of authorized banks, as provided for in Part 3 of this Article, one bank to be executed Bank escort. 6. In case of termination of the licence specified in paragraph 3 of Part 1 of this Article, the bank included in the list of authorized banks notifies the Bank of Russia of this fact no later than thirty calendar days before the end of the term license actions. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 8-2. The basic rights and responsibilities of the authorized bank . Bank escort 1. The authorized bank has the right: (1) to request from the lead executor, the executor of documents and information provided by this Federal Law; 2) to receive from the federal authority in the area of defense and compliance with the requirements OF THE PRESIDENT OF THE RUSSIAN FEDERATION executing; 3) suspend operations on an individual In the case of articles 8 to 6 of this Federal Law; 4) exercise other rights in accordance with the laws of the Russian Federation. 2. The authorized bank is obliged to: 1) to conclude with the principal, the executor of the bank escort contracts and to open them separate accounts. The agreement of the bank includes the consent of the client to provide the authorized bank with the information provided by this Federal Law, the state customer, the principal, the executor and its transfer to the a unified information system of the state defense order; 2) to submit to the unified information system of the state defense order, including at the request of the federal defense authority, information about each discovery, the closure of a separate account, the change of its details The participants in the calculations for the state defence order, the orders performed, including the documents submitted by the lead executor, the executor and the basis for the orders. The information referred to in this paragraph shall be provided by the authorized bank not later than one working day following the day of execution of the order, the opening, closing of a separate account, and modification of his props, request. If the order is made on the basis of documents previously transferred by the authorized bank to a single information system of the state defense order, no resubmission of such documents is required. In this case, the authorized bank shall notify the federal authority in the area of defence that such documents are already contained in the uniform information system of the state defence order, and indicates in the notification their details and the date of their submission. The order, composition and format of the submission, the directions of information and documents by the authorized bank are determined by the Bank of Russia in agreement with the federal authority in the field of defense and the financial monitoring body; 3) Monitoring of calculations of state defence order in accordance with the procedure established by this Federal Law; 4) to exercise control of orders in accordance with the procedure established by Article 8-5 of this Federal Law; 5) (...) (...) (...) orders for the commission of operations provided for in article 8-4 of this Federal Act and in the cases provided for in article 8-5 of this Federal Law; 6) to comply with the regime established by this Federal Act the use of a separate account and monitor its compliance; 7) notify the lead perpetrator of the orders received by the perpetrators of transactions in a separate account that do not comply with the use regime of this account; 8) respond to requests from the State A customer who is directed in accordance with article 6 (3) of this Federal Law; 9) notifies the lead singer of the receipt of notification from the State employer on the performance of the public contract; 10) to notify the performers of the closure of a separate account by the lead singer upon receipt of the notification from the State employer on the performance of the State contract. 3. Bank escort is carried out by an authorized bank free of charge. 4. The failure of the authorized bank to carry out the duties set out in Part 2 of this article and articles 8 to 3, 8 to 4 and 8 to 5 of this Federal Act is the basis for the application of the measures provided for in the Federal Act of 10 July 2002. 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" and to attract officials of the authorized bank to liability established by the Code of Administrative Offences of the Russian Federation. 5. The financial monitoring body shall analyse information on the transactions it has received under this Federal Act and the Federal Act of 7 August 2001 on countering the legalization (laundering) of proceeds of crime. By way of, and financing of, terrorism ", and if there is information about the risks of non-performance of the state contract, it informs the State customer, including upon request. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 8-3. Single Account Usage 1. The use of a separate account provides: (1) cash writing-off only when the state contract ID is specified; 2) write off cash only to a separate account, for of the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation and the Russian Federation. Federation, Federal Compulsory Medical Insurance Fund; b) Payment of the cost of supplies, delivery of works, provision of services at prices (tariffs) subject to state regulation. The list of such goods, works and services is approved by the Government of the Russian Federation; in) the transfer of profits in the amount agreed upon by the parties upon conclusion of the contract and its terms and conditions, after the performance of the contract and submission to the authorized bank of an act of acceptance-transfer of goods (act of work performed, services rendered); g) to be transferred by the lead executor in partial performance of the state contract, if the result of such a transfer partial execution is accepted by the State employer Goods, in the amount agreed upon with the State employer and not exceeding the amount of profit to be used by the State customer in the composition of the product price in accordance with the procedure established by the Government of the Russian Federation for determination the initial (maximum) price of a state contract or the price of a public contract with a single lead singer; d) settlements with foreign performers involved in the supply of products in the state defence order and co-operative part of the accompanied transactions. A list of such foreign performers for each accompanied transaction is prepared by the principal, is consistent and submitted by the State customer to the authorized bank, which is opened by a separate account by the lead singer. The procedure for drawing up, approving and submitting to the authorized bank of the said list is determined by the State employer; e) transfers of funds aimed at reimbursement (compensation) after the execution of the State contract, contract within the price of a public contract, the contract of the contractor incurred by the lead contractor, with its own funds (with the exception of funds held in separate accounts) for the production of the stock, raw materials, materials, semi-finished products, components, necessary for the execution of the state defence order, subject to confirmation by the lead singer, the executor of the actual costs associated with the formation of such a reserve after the performance of the state contract, Contract and submission by the lead perpetrator to the authorized bank of the act of receiving-transfer of goods (act of performed work, services rendered); j) authorized transactions in accordance with Articles 8, 3, 9 and 10 of Article 8-4 of this Federal Act; (c) The total sum of the transactions is not more than three million rubles a month; (3) the prohibition of transactions stipulated by Article 8-4 of this Federal Law. 2. Separate accounts of the principal, the executors provided for by this Federal Law shall be subject to closure by the executor, the executors after the authorized bank has received notification of performance from the State employer State contract. The withdrawal of funds from a separate account shall not be subject to the requirements of Part 1 of this Article. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ Article 8-4. Operations that are not allowed in a separate account You cannot perform the following operations on a separate account: 1) loans, loans, credits; 2) refunds loans, and interest on them, except for the return of credits transferred by the authorized bank to a separate account in the same authorized bank for the performance of contracts in the context of the accompanied transaction, in the absence of (insufficient) Contract advance; 3) cash flow The Russian Federation's Social Insurance Fund, the Social Insurance Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation and the Social Insurance Fund of the Russian Federation Medical insurance; 4) operations relating to the establishment of statutory (warehousing) capital of other legal entities; 5) operations related to charitable activities and donations; 6) Purchase of a Foreign Currency; 7) Purchase securities (including promissory notes); 8) the purchase of precious metals, precious stones and coins from precious metals; 9) execution of executive documents other than executives (a) Transfer (s) of cash to satisfy claims for damage to life and health; b) transfer (s) of cash for payment Benefits for persons working or working under a contract of employment (a contract), and (or) payment of their labour; in) collection of funds in the Russian Federation's income; 10) placing of funds on deposits, other financial instruments, excluding transactions involving accommodation Cash on deposit in the same authorized bank, with the obligatory condition of transfer of allocated funds and interest on deposits in the same separate account in the same authorized bank after the expiry of the deposit agreement; (11) provision of guarantees for the enforcement of obligations, (a) { \field { \field { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } funds; 15) write-offs of other accounts opened in credit institutions, including authorized banks. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 8-5. Monitoring and providing state defense order information 1. The authorized bank controls: 1) the existence of a public contract ID, including the correct identification and completion of the identifier of the State Contract; 2) the existence of an order in the possession of a separate account, except as provided for in article 8 (2) (2) of this Federal Law; (3) the conformity of the purpose of the payment; of documents submitted by the owner of the individual the accounts and the basis for the contract, including the conformity of the amount of the payment specified in the order (the aggregate amount of all payments specified in the orders) under one contract, the price of that of the contract; 4) compliance with the use of a separate account established by this Federal Law. 2. The perpetrator is required to submit documents (copies of documents) to the authorized bank as a basis for the preparation of the orders. The documents that are the basis for the orders are: 1) the contract. If the contract contains information constituting a state secret, the contract shall be presented. The form and order of the statement is approved by the federal defense authority in coordination with the Bank of Russia and the federal executive branch in the field of security; (2) acts of transmission (acts) delivery-acceptance of work performed, services rendered), freight and freight invoices, invoices, invoices and other documents confirming that the consignee has fulfilled its obligations under the contract (with the exception of orders for advance). 3. Copies of the documents constituting the basis for the orders must be certified in accordance with the procedure established by the bank escort contract. 4. The authorized bank has the right, subject to the requirements of the Russian legislation on state secrets, to request from the lead singer, the executor of additional documents (copies of documents) that are the basis for drafting orders. 5. It is not permissible for the authorized bank to perform an order without the executing agent or documents (copies of documents) that are the basis for the orders. 6. In the event that information not in conformity with the requirements of Part 1 of this article is specified, the authorized bank shall refuse the principal to the executor of the execution of the order for execution within the time not later than in the day instructions to the authorized bank. 7. Refusal to take orders for execution in the cases established by this Federal Act does not constitute grounds for the application of civil liability measures against an authorized bank. 8. The Bank of Russia, on the proposal of the state customer, sets peculiarities of monitoring calculations on the state defense order. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 8-6. The reasons and order of the { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b } The authorized bank is authorized to suspend the operation on a separate account, which corresponds to the criteria established by the Bank of Russia in coordination with the financial monitoring body. 2. A separate account, as provided for in part 1 of this article, shall be suspended by an authorized bank for five working days from the date on which the client's order for its implementation must be complied with. 3. No later than one working day following the day of suspension of the operation in a separate account on the grounds provided for in this Federal Act, the authorized bank shall, in accordance with the procedure established by the Banking Agreement, notify the person concerned. of the principal agent for the suspension of the operation of the individual account. The notification specifies: 1) the name of the customer whose separate account is suspended; 2) the state contract ID; 3) the operation contents, including information about the counterparty, the sum and date of the transaction, the purpose of the payment; 4) the reason for the suspension of the operation on a separate account; 5) the date of the termination of the suspension, as determined in accordance with Part 2 of this article. 4. The lead singer, no later than two working days from the date of receipt by the authorized bank of the notification referred to in Part 3 of this article, shall, in the manner prescribed by the contract for bank escort, be sent to the authorized bank, which has accepted The decision to suspend the operation in a separate account, to be notified of the validity or non-substantiation of a suspended operation. 5. Based on the notice given by the lead executor of Part 4 of this article, the authorized bank takes one of the following decisions: 1) to refuse a suspended operation; 2) To conduct a suspended operation no later than one working day following the day of receipt of such notification. 6. In the event of failure by the authorized bank to notify the authorized bank before the end of the period of suspension of the operation in respect of a separate account under Part 2 of this article, the notification of the head perpetrator provided for in paragraph 4 of this article performs a suspended operation. 7. The authorized bank notifies the financial monitoring body, in accordance with the procedure established by the Bank of Russia in coordination with the financial monitoring body, of each case of refusal to accept orders for the commission of operations. shall not be permitted in accordance with articles 8 to 3 and 8 to 4 of this Federal Law, as well as on each case of a previously suspended operation or refusal to conduct a previously suspended operation in accordance with this Federal Law. The notification specifies: 1) information about the client whose operation is refused or whose separate account operation is suspended; 2) the state contract ID; 3) the contents transactions, including details of the counterparty, the amount and date of the transaction, the purpose of the payment; 4) the reason for the failure to conduct a separate account or to suspend the operation of a separate account, or to refuse an earlier transaction a suspended operation. 8. Refusal to conduct a suspended operation in the cases established by this article shall not constitute grounds for the application of civil liability measures against an authorized bank. (Article supplemented-Federal Law of 29.06.2015. N 159-FZ) Chapter 3-2. Basic rights and duties of the federal authority in defense area (Chapter padded-Federal Law of 29.06.2015 N 159-FZ Article 8-7. The fundamental rights of the federal authority in the area of defence 1. The federal authority in the area of defence is entitled: 1) to request from the authorized bank information that is provided for in the unified information system of the state defence order by this Federal Law; 2) OF THE PRESIDENT OF THE RUSSIAN FEDERATION information and documents, including information that make up the tax, banking, professional and business secrets, as well as personal data. The list of information and documents, the procedure and deadlines for their submission are determined by the agreement on cooperation between tax authorities, customs authorities, the Pension Fund of the Russian Federation and the Russian Federation Social Insurance Fund. The Defence Authority; 3) exercise other rights in accordance with the legislation of the Russian Federation. 2. The Federal Defence Authority is obliged to keep the tax, bank, official and business secrets, personal data, confidentiality and security of the said information, and is responsible for them Disclosure. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 8-8. The main duties of the federal body in the area of defense Federal Authority in the field of defense: 1) gives government customers, principal performers, performers, authorized banks, The federal executive body, which is responsible for the development of state policy and regulatory and regulatory measures in the sphere of industrial and defense industrial complexes, the financial monitoring body, the Accounting Chamber of the Russian Federation The Federation of State Secrets Access to Information contained in the uniform information system of the state defence order, in accordance with the procedure established by the federal authority in the field of defence, in consultation with the supervisory authority and the body financial monitoring; 2) performs other duties in accordance with the laws of the Russian Federation. href=" ?docbody= &prevDoc= 102162473&backlink=1 & &nd=102375179 "target="contents" title= " "> from 29/06/2015 N 159-FZ) Chapter 4. State regulation of prices for products State defence order Article 9. The purpose and principles of state regulation of prices for products under state defense order 1. State regulation of prices for products of state defense order is carried out in order to efficiently use budget funds and create optimal conditions for rational allocation and timely execution The state defense order, while balancing the interests of the state customer and the lead performer, the performer. 2. State regulation of prices for products of state defence order is based on the following basic principles: 1) a single legal and regulatory provision for all participants in the placement and execution of the state defence order; 2) to encourage the reduction of the cost of supplying products under the state defence order; 3) to ensure the profitability of the delivery of the state defence order products; 4) reasonableness of lead, executor; 5) application of anti-monopoly regulations; 6) balancing the interests of the public customer and the executive. Article 10. Methods of state regulation of prices products under state defense order 1. State regulation of prices of products under state defense order is implemented by: 1) approval of lists of products under the state defense order, which is distributed by the state price regulation; 2) establishing rules for determining the initial (maximum) price of a government contract when placing orders through the use of competitive means to identify suppliers (performers, contractors)as well as the price of a public contract in the case of The sole supplier (contractor, contractor) of the state defense order; (Federal Act 28.12.2013 N 396-FZ ) (3) the use of different types of prices for products of state defence order; 4) in the structure of the price structure of products produced by the state defense order Implementation; 5) of the approval of methodological recommendations for the calculation of prices for products of state defense order when concluding public contracts; 6) to determine the minimum and maximum size profitability (profits) and their application in the calculation of the prices of the products to the state defense order, taking into account the funds required by the principal, the executor for the development of the production capacity and servicing of the attracted capital, ensuring the fulfillment of the state defense order, and Also taking into account the financial support provided by the State for the implementation of the State' s defence order; 7) to ensure payment to the principal, the economically justified cost of the defence State defence order; 8) " Register of prices for products of the state defense order; 9) keeping a register of prices for products of the state defense order; 10) state control over the use of prices for products State defence order in the formation, deployment and performance of the state defence order; 11) by the principal, the executor of the division of financial and economic activities Every government contract, contract. 2. State regulation of prices for products supplied under the state defense order, the powers of the federal executive authorities, the State Atomic Energy Corporation Rosatom and the State Corporation. Roskosmos corporation is set up by the Government of the Russian Federation on state regulation of prices in the state defense order. (In the wording of Federal Law dated 13.07.2015 N 216-FZ) Article 11. Types of prices for products on state defence order 1. When a contract is awarded in case of a State defence order, the only supplier (contractor, contractor) uses the following kinds of prices for state defence order products: 1) (specified) price; 2) fixed price; 3) cost recovery. 2. The Government of the Russian Federation shall determine the conditions and procedure for the application of the types of prices for products of the state defence order. Chapter 5: Running the State Defence Order Article 12. Enforcement of the state defense order 1. The Government of the Russian Federation, in order to ensure and stimulate the implementation of the state defence order under Russian law, is entitled: (1) to determine the indicative conditions of the State. contracts, contracts; 2) set the time limits for the state defence order when approving it; 3) establish a margin of profit when calculating the price of products for state defence Order; 4) provide for project design The federal budget for the next fiscal year and the plan period for the main performers, the budget appropriations for the implementation of the budget investments; 5) to establish the size of the state defense order when approving a state defense order In the current financial year, the State guarantees of the Russian Federation on loans contracted by the lead performers, not more than the amount of the state contract in advance payments for the state contract; 6) for the implementation of activities for State defence order implementation; 7) grant to lead performers, grantors for reimbursement of part of the costs of interest on loans received in Russian credit institutions; 8) To provide the principal performers, the executors of the grant in order to prevent the insolvency (bankruptcy); 9) to impose other measures in accordance with the legislation of the Russian Federation to ensure the implementation of the State Defence order. 2. The State customer, in order to ensure the fulfillment of the state defense order, is entitled: 1) to provide for a long-term state contract in accordance with the state armament program and long-term objectives. In order to ensure the performance of the contract; 2) provide for the date and order of submission in the State contract by the head of the report on the use of advance payments in The duration of validity of this contract; 3) to establish measures for the economic incentive of the principal, which are not contrary to the legislation of the Russian Federation. 3. The financial means paid by the national contractor to the principal are intended only for the costs of performing a State defence order and for advancing the relevant work. The principal is responsible for the misuse of these funds. 4. Credit organizations providing loans to lead authors, performers, including State guarantees of the Russian Federation, for the purpose of fulfilling the tasks of the State defence order The State secret must be licensed in accordance with the requirements of the legislation of the Russian Federation. Article 13. (Spconsumed by Federal Law 29/06/2015) N 159-FZ) Article 14. Features of antitrust requirements in the sphere state defense order 1. The dominant position is the position of the economic entity in which it implements or is able to deliver the goods of the state defense order, raw materials, materials and components for the fulfillment of the state defense order, and in relation to this economic entity, at least one of the following conditions is fulfilled: (In the wording of Federal Law dated 29.06.2015 N 159-FZ ) 1) the economic entity is included in the established order in the register of sole suppliers (performers, contractors); 2) the economic entity is the only manufacturer of the products State defence order, the use of which, and (or) parts thereof, and (or) components in the performance of the State defence order is provided for by design or other documentation or by the requirements of the State of the customer. 2. The economic entity referred to in part 1 of this article shall be subject to the prohibition of abuse of dominance in accordance with the Russian antimonopoly legislation. 3. The head performer, performers, military missions of the state customer are obliged to submit to the competition authority information on all facts of the increase by suppliers (contractors, contractors) of commodity prices, materials and components, works, services required for the execution of the state defence order, if the price is more than 5 per cent higher than the price calculated using the price indices and the proposed price is more than 5 per cent. of the deflators according to the type of economic activity determined in the order, by the Government of the Russian Federation. This information shall be provided within thirty calendar days of the fact that suppliers (contractors, contractors) have increased the price of the form approved by the competition authority. In the wording of Federal Law No. N 159-FZ) 4. The Antimonopoly Authority, in accordance with the procedure established by the Federal Act of July 26, 2006, N 135-FZ "On the protection of competition", within its competence It identifies cases of violation of the prohibition of abuse of dominance, initiates and reviews cases of violation of the said prohibition, takes decisions and issues the relevant regulations, and attracts them OF THE PRESIDENT OF THE RUSSIAN FEDERATION responsibility for the violations committed. In the wording of Federal Law No. N 159-FZ) Article 15. " Liability for violation of the norms of this Federal Law, other federal laws and other normative legal acts of the Russian Federation in the sphere of state defense order "Those responsible for the violation of the norms of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation in the sphere of state defense order are disciplinary, civil-legal, administrative," and criminal liability in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION Chapter 5-1: State control (supervision) in the sphere State defense order (Chapter added-Federal Law dated 29.06.2015 N 159-FZ) Article 15 -1. The functions of supervisory authority The supervisory authority performs the following main functions: 1) exercises within its competence the State control (supervision) of compliance with the law in the sphere of public administration. The defence order, excluding the exercise of State control over public contracts in the procurement of goods, works and services for the purpose of providing the external intelligence agencies of the Russian Federation with the means of intelligence for the purpose of providing federal services Security by means of counterintelligence, the fight against terrorism, as well as for the purpose of providing the State Atomic Energy Corporation "Rosatom" with goods, works, development services, testing, production, dismantling, and disposal of nuclear warheads and nuclear warheads, ensuring their safety and security at all stages of the life cycle, maintaining basic and critical technologies at all stages of the life cycle of nuclear weapons, nuclear warheads, including to ensure nuclear and radiation safety, stocks of special raw materials and fissile material; (2) identify violations of the law in the sphere of state defense order, take measures to stop them, and hold them accountable for such violations; 3) Measures to prevent violations of the law in the sphere of state defense order; 4) protects the public interests of the Russian Federation in the exercise of State control (supervision) in the sphere State defence order. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ Article 15 -2. The authority of the controlling authority 1. The supervisory authority exercises the following powers: 1) initiates and deals with cases of violations of the law in the area of the state defence order; 2) issues to the State client, the head performer, the executor of the mandatory requirement: (a) to cease violation of the law in the sphere of state defence order and (or) to eliminate the consequences of such violation; b) to prevent actions that may result in a breach of the law in the area of The state defense order; in the federal budget transfer income received due to the violation of the law in the state defense order; g) to transfer funds to the federal budget OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Convention on the Organizations, as well as their officials, are required to enforce regulations, including: (a) to repeal or amend acts violating the law in the area of public defence order; b) termination Public defence order breaches of law; in) which may lead to a breach of the law in the area of the State defence order; 4) attracts administrative of violations of the law in the area of The defense order; 5) appeals to the court with claims and allegations of violation of the law in the sphere of state defense order; 6) conducts verification of compliance with the law in the sphere of state defense order (hereinafter verification); 7) addresses, within its competence, in accordance with the procedure established by the legislation of the Russian Federation, to bodies carrying out operative-search activities with a request for the conduct of operational search operations. activities; 8) issues within its competence Legal instruments establishing: (a) the way in which suppliers (contractors, contractors) increase the prices of raw materials, materials, components, works and services needed for the State defence order; (b) order of routine and unscheduled inspections; in) procedures for handling violations of public defence order legislation; 9) Monitoring of compliance with the pricing The products supplied under the state defence order, the formation and application of state regulated prices for such products in the allocation and execution of the state defence order; 10) carry out their products within the limits of their In accordance with the legislation of the Russian Federation, the production of administrative offences; 11) exercises other powers in accordance with the legislation of the Russian Federation. 2. Violation of the requirements of article 8, paragraph 3, of this Federal Act shall be considered by the supervisory authority in accordance with the collegial order established by Chapter 5-2 of this Federal Law. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -3. Provide information to the controlling authority 1. The state customers, the federal executive authorities, other bodies acting in accordance with the established procedure of the bodies or organizations, the lead executors, the executors are obliged to submit to the supervisory authority (it (a) by the authorities of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the which contains information that is made up of the state, tax, banking, a service, commercial and other legally protected secret, as well as personal data), including acts, contracts, certificates, business correspondence, other documents and materials made in the form of digital recordings or electronic records. 2. The provision of information to the controlling authority of the State, tax, banking, official, commercial and other secret protected by law, as well as personal data, shall be provided in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ Article 15 -4. Checks by the controlling authority 1. In order to exercise state control over compliance with the law in the sphere of state defense order, the supervisory authority has the right to conduct routine and unscheduled inspections of the state customers, the lead performers, The executive authorities, the federal executive authorities, other designated bodies of the bodies or organizations designated by the authorities (hereinafter referred to as the person under review). 2. The basis for the planned inspection is the expiry of three years from the day: (1) the state registration of a legal entity, an individual entrepreneor in the procedure established by the legislation of the Russian Federation; 2) the end of the last scheduled inspection by the controlling authority of the person being checked. 3. Routine inspection shall be carried out at least once every three years. The subject of a routine inspection is the compliance of the person under review in the performance of his activities with the requirements of the law in the sphere of state defense order. 4. The grounds for an unscheduled inspection are: 1) materials received from law enforcement agencies, federal executive authorities, state customers, lead executors and executors of the public administration Defence order indicating signs of violation of state defense order law; (2) reports and statements by legal entities, individuals, media reports showing signs violation of the law in the area of State defence order; 3) the expiry of the order issued on the basis of the inspection or review of the case concerning the violation of the law in the area of state defence order; 4) instructions issued by the President OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. The subject of an exceptional check shall be the compliance by the person under review in the performance of its activities with the requirements of the law in the area of State defence order or, if such verification is carried out on the basis of paragraph 3 Part 4 of this article, execution of a previously issued requirement. 6. The inspection shall be carried out in accordance with the order of the head of the supervisory authority. 7. The order of the head of the supervisory authority to conduct the inspection shall contain the following information: 1) the name of the controlling authority; 2) the names, names, patronymics and positions of the officials of the supervisory authority; (c) The name and address (location) of the checked legal person or the name, first name, location and location of the inspection. The residence of the individual who is being examined; 4) objectives, tasks, verification and timing; 5) the verification basis; 6) a list of controls needed to achieve the verification goals and objectives, and the date of their inspection; 7) The list of administrative rules for the conduct of control activities; 8) the date of commencement and completion of the check. 8. The standard form for a verification order is approved by the controlling authority. 9. The period of verification shall be no more than thirty calendar days from the date of commencement of the inspection specified in the order, by the date of transmission or by mail to the person under review. Based on the reasoned proposals of the officers conducting the review, the period may be extended by the head of the supervisory authority, but not more than sixty calendar days. 10. The reasons for the extension of the inspection period include the need to carry out expert examinations, studies, tests, the need to translate into Russian the documents submitted by the verifiable person in a foreign language, as well as the need for Other activities, without which it is impossible to assess the compliance of the activities of the inspected person with the requirements of the law in the sphere of state defense order. The procedure for extending the period of inspection shall be established by the controlling authority. 11. As part of the audit, the supervisory authority is entitled to inspect the activities of the structural (separate) units of the auditee, including branches and representative offices. 12. The person examined shall be notified of a routine inspection at least three working days prior to the start of the inspection by sending a copy of the order of the head of the controlling authority to carry out the check by registered mail Notice of delivery or otherwise available. 13. The person examined shall be notified of an unscheduled inspection at least twenty-four hours in advance of the inspection. 14. Organization and conduct of inspections in the area of the State defence order, including access to the territory or premises of the verified person, inspection of the territory, premises, documents and objects of the person under examination, Photography, video recording, the removal of copies of documents and electronic media, the extermination of information and documents in the conduct of the inspection is carried out in compliance with the legislation of the Russian Federation on the State. secret. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -5. Rights of employees of supervisory authority. { \cs6\f1\cf6\lang1024 } Access { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } In the supervision of compliance with the law in the sphere of State defence order, the employees of the supervisory authority are authorized by the order of the head of such authority in accordance with the authority vested in them. In order to obtain the necessary documents and information in accordance with the requirements of the legislation of the Russian Federation on State secrets, the procedure is established in the territory and in the premises of the person being checked. 2. In the case of obstructing the access of the officials conducting the inspection to the territory or to the premises of the person being examined, the officials shall prepare the act in accordance with the procedure established by the controlling authority. If the person in question refuses to sign the act in question, a record shall be made. 3. The form of the act shall be approved by the controlling authority. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -6. Inspection 1. Officials conducting the checks shall have the right to inspect the territories, the premises (excluding the person's residence of the person being checked), the documents and the objects of the person being checked, in order to ascertain the circumstances relevant for the completeness of the check. 2. The examination shall be entitled to the participation of the person being examined, his representative and other persons engaged by the monitoring body in the verification of the person. The examination shall be conducted in the presence of witnesses. In the event that special cognition is required for the examination, specialists and (or) experts may be engaged at the initiative of the supervisory authority. 3. Where necessary, photographs and filmmaking are carried out during the inspection, the video recording, copies of documents are made, and copies of electronic media are made in compliance with the requirements of the Russian Federation's legislation State secrets. 4. The presence of witnesses during the inspection of the territories, the premises of the person being checked is obligatory. Individuals who are not interested in the outcome of the case may be invited as witnesses. It is not permitted to be present as being understood by the officials of the controlling body, minors, persons close to relatives, relatives of the person under review or the officials of the supervisory authority. The number of persons understood cannot be less than two. 5. A protocol shall be drawn up on the basis of the inspection. The form of the protocol shall be approved by the controlling authority. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -7. { \b } { \b } { \b } { \b } { \ The verification officials are entitled to request the necessary information and documents to be verified by the person under review. When a documentary check is made, a reasoned request for the submission of information and documents shall be sent to the person under review by mail with a notice of delivery, or shall be handed to him or his representative under the painting. In the case of an on-site inspection, a substantiated request for information and documents shall be presented to the person under review or to his or her representative. The form of the request for information and documents is approved by the controlling authority. 2. The claimed documents are presented by the person in the form of copies certified in accordance with the laws of the Russian Federation. If necessary, the original officials are entitled to consult the original documents. 3. The information and documents that have been claimed during the verification process shall be submitted by the person under review within three working days of the receipt of the claim. In the event that the person under review is unable to submit the information and documents claimed within three working days, the person shall within the day following the day of receipt (service) of the request for information and documents, notifies, in writing, the officials conducting the verification that it is not possible to submit information and documents within the prescribed period of time, indicating the reasons why they cannot be submitted within that time limit and the period during which The person under review may submit the information and documents claimed. Within two working days of the receipt of such notification, the official of the supervisory authority shall, in accordance with the procedure established by the controlling authority, take a reasoned decision to establish a new deadline for the submission of information and documents or take a reasoned decision not to extend it, giving reasons for refusal. A copy of the decision certified in accordance with the established procedure shall be communicated to the person under review by any means available. 4. Failure to submit, late submission by a verifiable person or the submission of false information and documents claimed in accordance with this Federal Act entails liability as established by the State party. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ Article 15 -8. The general requirements for the protocol, drawn up in the conduct of the state control (surveillance) in the state defense order area 1. In the cases provided for by this Federal Law, in the conduct of State monitoring (supervision) in the state defence order (hereinafter referred to as "action"), a protocol is drawn up. The Protocol shall be drafted in Russian. 2. The protocol specifies: 1) the content of the action; 2) the location and date of the action; 3) the start and end times; 4) the position, last name, first name, patronymic of the person who wrote (...) (...) (...) Language; 6) the contents of the actions, the order of their conduct; 7) significant facts and circumstances identified in the conduct of the actions. 3. The Protocol is read by all persons involved in the conduct of the acts and present. These persons are entitled to make comments to the record. 4. The Protocol shall be signed by the officer of the controlling authority and by all persons who participated in the conduct and present at the time of their conduct. A copy of the record shall be given or sent to the person under review by registered letter of delivery. 5. Photographic images and negatives, films, videos and other materials carried out during the conduct of the proceedings are annexed to the protocol. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -9. Validation of the test results 1. The verification shall result in a verification certificate in two instances, one of which shall be given or sent to the person under review or to his or her representative by registered mail with a notice of delivery. 2. The form of the act shall be approved by the controlling authority. 3. In the event of a check of violations of the law in the area of state defence order, the person under review shall be instructed to remove the detected violations and specify the time limits for its execution. The supervisory authority shall initiate proceedings for an administrative offence in accordance with the procedure established by the law of the Russian Federation, if the results of the examination have revealed the existence of a situation. of an administrative offence. 4. In case of a violation of article 8, paragraph 3, of this Federal Act, the order may be issued only after a peer review of a case of violation of the law in the sphere of state defense order according to the requirements set out in Chapter 5-2 of this Federal Law. 5. The results of the inspection, which include information containing information constituting the State, tax, banking, official, commercial and other secrets protected by law, as well as personal data, shall be processed in accordance with the requirements; OF THE PRESIDENT OF THE RUSSIAN FEDERATION (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -10. The obligation of the supervisory authority to respect the privacy and security confidentiality of personal data 1. Information containing information constituting the State, tax, banking, official, commercial and other secret protected by law, as well as personal data obtained by the controlling authority in the exercise of its powers, is not subject to information Disclosure, except in cases provided for by federal laws. 2. The civil, administrative and criminal proceedings are carried out for the disclosure of information constituting the state, tax, banking, official, commercial and other legally protected secret, as well as personal data of the employees of the controlling authority. Responsibility. 3. The harm caused to a legal or natural person by disclosure by the controlling authority or by its officials of the particulars referred to in this article shall be compensated by the execution of the Russian Federation. (Article padded-Federal law of 29.06.2015 N 159-FZ) Chapter 5-2. Review of the case of violation of the law in State defense order scope (Chapter padded-Federal law dated 29.06.2015 N 159-FZ) Article 15 -11. Initiation and consideration of the case of violation of the law in the sphere of state defense order 1. The supervisory authority, when considering evidence of a violation of article 8, paragraph 3, of this Federal Law, initiates and reviews cases of violation of the law in the sphere of state defense order, and takes the results of their examination Decisions and orders. 2. The grounds for initiating a case of violation of the law in the sphere of state defense order are: 1) the materials received from the law enforcement agencies, the federal executive authorities, and the public authorities. customers, lead executors, performers, indicating signs of violation of the law in the sphere of state defense order (hereinafter referred to as materials); (2) a statement by a legal or natural person indicating signs Violations of the law in the area of the State defence order -Statement); (3) signs of violation of the law in the area of public defence order identified by the controlling authority; 4) media reports indicating signs of violation State defense order legislation; 5) the results of the inspection, which revealed signs of violation of the state defense order legislation by the state customer, the head office executor, executor. 3. The place of consideration of the violation of the law in the sphere of state defense order is determined by the supervisory authority in accordance with the procedure established by them, regardless of the place of commission of the violation, location or place. of the Convention on the Rights of the 4. The rules of the transfer by the territorial body of the controlling body of declarations, materials, cases of violation of the law in the sphere of state defense order for consideration in another territorial body of the controlling authority are established by the supervisory authority. 5. The supervisory authority institutes proceedings for an administrative offence in accordance with the procedure established by the law of the Russian Federation, in the event of a case of a violation of the law in the sphere of State defence order, or On the basis of the results of the review, there was evidence of an administrative offence. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -12. The Commission for the Review of the Violation of the Law of the State Defence Order 1. In order to consider a case of violation of the law in the sphere of state defense order, the supervisory authority shall, in accordance with the procedure established by this Federal Law, set up a commission to deal with the violation of the law in the sphere of defense. State defence order (hereinafter referred to as the commission). The Commission acts on behalf of the supervisory authority. The chairman of the commission and its composition are approved by the head of the supervisory authority. 2. The Commission shall be composed of the officers of the controlling body. The chairperson of the commission may be the head of the supervisory authority, his deputy or the head of the structural subdivision of that body. The commission's membership should not be less than three. The replacement of a member of the commission shall be carried out on the basis of a reasoned decision of the supervisory authority. 3. The Commission has the power to consider a case of a violation of the law in the sphere of State defence order, if at least fifty per cent of the total number of members of the commission is present at a meeting of the commission, but not less than three members of the commission. 4. If there is no quorum for the consideration of a case of violation of the law in the sphere of state defense order, the members of the commission present at the meeting decide on the deposit of the case and the appointment of a new date. Review, which is being processed by the definition. 5. Issues arising during the commission's consideration of the case of violation of the law in the sphere of state defense order are decided by the members of the commission by a majority of votes. In the case of a tie, the chairman of the commission shall be the deciding vote. Members of the Commission shall not abstain from voting. The chairman of the board votes last. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -13. Acts, procedural documents, accepted by the commission 1. The Commission takes decisions, issues orders, makes determinations. 2. At the end of the hearing of the case of violation of the law in the sphere of state defense order, the commission will make a decision at its meeting. The decision of the commission shall be made in the form of a document, signed by the chairman of the commission and by all members of the commission present at the meeting. A member of the commission who disagrees with her decision must sign the commission's act. In so doing, he is entitled to express in writing a dissenting opinion, which is attached to the case file in a sealed envelope and is not disclosed. The Commission's decision should be made in one copy and be attached to the case file. 3. The decision in the case of violation of the law in the sphere of state defense order contains: 1) conclusions on whether or not there is no reason to discontinue the case; (2) findings of existence or lack thereof Violations of the law in the area of State defence order in action (inaction) of the defendant in the case; 3) conclusions on the existence or absence of grounds for the issuance of the order, as well as a list of actions to be included in the regulation and { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } The grounds for the adoption of other measures to prevent and (or) eliminate the consequences of violation of the law in the sphere of state defense order. 4. On the basis of the decision in the case of violation of the law in the sphere of state defense order, the commission issues a regulation. The requirement shall be issued as a separate document for each person who is to be executed by the decision of the commission in accordance with the prescribed period of time, shall be signed by the chairman of the commission and by all the members of the commission who are present at the time. Commission meeting. 5. In the cases envisaged by this chapter, a determination shall be made by the chairperson of the commission or by the commission. The definition shall be issued as a separate document, signed by the chairperson of the commission and members of the commission, and shall be communicated to the persons participating in the case and to other persons in the cases referred to in this chapter. 6. The forms of commission of acts and procedural documents adopted by the commission shall be approved by the controlling authority. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -14. The statute of limitations for violation of law in the sphere of the state defense order The case of violation of the law in the sphere of state defense order cannot be opened, but The case must be closed after three years from the date of the violation. The period of limitation shall be calculated from the day when the violation or its detection is completed. The Article is supplemented by Federal Law of 29.06.2015. N 159-FZ) Article 15 -15. The persons involved in the case of the violation of the law in the scope of the state defense order 1. The persons involved in the case of a violation of the law in the sphere of State defence order are: 1) the applicant-the applicant or submitting the material to the controlling authority; 2) the defendant in the case- The person against whom the application has been filed is directed at the materials or actions (inaction) of which by the supervisory authority found signs of violation of the law in the sphere of state defense order. These persons are recognized by the defendants in the case of a violation of the law in the sphere of State defence order since the start of the case; 3) interested persons-persons whose rights and legitimate interests are affected by the law The consideration of the case of violation of the law in the sphere of state defense order. 2. In the case of a violation of the law in the State defence order, persons participating in a case are entitled to exercise their rights and duties individually or through a representative. 3. If the commission finds that the signs of violation of the law in the sphere of state defense order are contained in actions (inaction) of another person, the commission will determine that there are signs of violation of the law in the sphere of state defense order. than the defendant in the case, the commission attracts such a person as the defendant in the case. In the event that the commission finds no evidence of the existence of one of the defendants in action (inaction) on the grounds of violation of the law in the sphere of State defence order, the commission shall issue a definition of termination The participation of such a defendant in the examination of the case. A copy of the definition of the termination of the defendant's participation in the case is immediately communicated to the persons involved in the case. 4. The Commission is entitled to bring experts, interpreters, specialists and persons who have knowledge of the circumstances under consideration when considering a case of violation of the law in the area of State defence order. Experts, interpreters, specialists and persons who have knowledge of the circumstances under consideration are not persons involved in the case. The Commission shall make a determination on the involvement of experts, interpreters, specialists and persons who have knowledge of the circumstances under consideration, and shall forward them copies of the definition within three days from the date of its issuance. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -16. The rights and obligations of the persons involved on the violation of the law in the scope of the State defence order 1. From the moment of the infringement of the law in the sphere of state defense order, the persons involved in the case have the right to familiarize themselves with the materials of the case, to make extracts of them, to present evidence and to acquaint themselves with the evidence, To ask questions to other persons involved in the case, to file petitions, to give explanations in writing or orally to the Commission, to make their arguments on all matters arising in the course of the proceedings, to acquaint themselves with the motions of other persons, in the case of persons participating in the case, object to the requests and arguments of the other persons involved in the case . 2. In the case of the person participating in the case, they have the right, with the prior approval of the chairman of the commission, to record in writing, as well as using the means of audio recording, the proceedings of the case. In the event that information containing information constituting a State, commercial, official, tax and other secret protected by law is disclosed, the chairman of the commission may decide to prohibit the persons participating in the case. The business is to have an audio recording of the case. In case the case is disclosed to the State secret, the status of the proceedings shall be carried out in compliance with the requirements of the Russian Federation's law on State secrets. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -17. Consideration of the application, materials and arousal of the State Defence Order Violation case , 1. The application shall be submitted in writing to the controlling authority and shall contain: 1) the particulars of the applicant (name, surname, patronymic and place of residence of the natural person or the name and address (location) of the legal person); 2) details of the applicant's claim; 3) a description of the violation of the law in the public defence order; 4) the substance of the claims made by the applicant; 5) the list of documents annexed to the declaration. 2. The statement is accompanied by documents showing signs of violation of the law in the sphere of state defense order (hereinafter referred to as documents). Where documents cannot be submitted, the reason for their non-submission and the alleged person or body for which the documents may be obtained are indicated. 3. In the event that the declaration does not provide the information required by Parts 1 and 2 of this Article, the supervisory authority shall leave such a declaration without consideration, which shall be communicated to the applicant in writing within ten years. Working days from the date of their receipt. 4. The Supervisory Authority shall review the application, the materials within thirty calendar days of their receipt. In case of insufficient or no evidence to enable the supervisory authority to conclude that there is no evidence of a violation of the law in the area of the State defence order, the supervisory authority for the collection and analysis Further evidence may extend the deadline for the consideration of the application, the materials, but not more than sixty calendar days. In the case of an extension of the time limit for the consideration of the application, the supervisory authority shall notify the applicant in writing. 5. When considering the application, the controlling body: 1) determines whether the examination of the application, the materials to its jurisdiction; 2) establishes that there is evidence of a violation of the law in the sphere State defence order and determines the rules to be applied. 6. During the review of the application, the supervisory authority is entitled to request from State clients, their officials, the federal executive authorities, their officials, other persons exercising in the prescribed procedure of the said organs of bodies or organizations, their officials, their officials, officials, executors and their officials, in compliance with the requirements of Russian legislation on State secrets, bank secrecy, commercial secrets or other secret protected documents, information, Written or oral explanations relating to the circumstances set out in the statement. 7. According to the results of the review of the application, the supervisory authority takes one of the following decisions: (1) to initiate a case of violation of the law in the sphere of state defense order; 2) on denial of The institution of a case of violation of the law in the sphere of state defense order. 8. The decision not to prosecute a breach of the law in the State defence order is taken in one of the following cases: 1) the matters referred to in the declaration are not within the competence of the controlling authority authorities; 2) there is no evidence of a violation of the law in the sphere of state defense order; 3) on the fact that the cause of the application, the direction of the materials, the case was opened earlier; 4) on the basis of the application The decision of the supervisory authority, which has entered into force, unless there is a decision of this body to refuse to file a breach of the law in the area of the State defence order and the applicant provides evidence of a violation of the law in the area of State defence order, unknown to the supervisory authority at the time of the decision; 5) on the basis of the application, of materials, expired article 15-14 of this Federal Law; 6) the absence of a violation of the law in the sphere of State defence order in the actions (inaction) of the person against whom the application has been filed, the materials entered into by a court decision. 9. The decision not to initiate a case of a breach of the law in the State defence order, indicating the reasons for its adoption, shall be forwarded to the applicant within the time limit set out in part 3 of this article. 10. The decision on the outcome of the review of the application may be postponed in the case of a review by the controlling body, the court, the law enforcement authorities of another case, the findings of which will be relevant to the results Consideration of the application, materials, prior to the adoption and entry into force of the relevant decision on the case, which the applicant shall be notified in writing. 11. In case of the decision to open a case on violation of the law in the sphere of state defense order, the supervisory authority issues an order to initiate a case on violation of the law in the sphere of state defense order and creation Commission. Copies of the order are sent to the complainant and the respondent in the case within three days of the date of its publication. 12. Within fifteen days from the date of the order for the institution of a case of violation of the law in the sphere of state defense order and the establishment of the commission, the chairman of the commission shall issue a determination on the appointment of the case for consideration and send copies Determination of the persons participating in the case. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -18. Review of the case of the violation of the law in the sphere of state defense order 1. A commission shall, within a period not exceeding ninety calendar days from the date of the determination of the case, be examined by a commission of a violation of the law in the sphere of State defence order. If additional information is required and otherwise provided for in this chapter, the review period may be extended by the commission, but not more than a hundred and eighty calendar days. In the case of an extension of the case, the commission shall issue a copy of the definition to the persons participating in the case. 2. The case of violation of the law in the sphere of state defense order is considered at the meeting of the commission. The persons participating in the case shall be informed of the time and place of its proceedings. In the event of a failure to appear at the meeting of the commission of persons participating in the case and duly notified of the time and place of its consideration, the commission is entitled to examine the case in their absence. The case is being reviewed by a protocol signed by the chairperson of the commission. The Commission shall have the right to conduct a verbatim record or audio recordings of its meeting. In this case, the protocol shall mark the use of the technical means of recording the meeting of the commission. 3. The chairman of the commission: 1) opens the commission; 2) announces the composition of the commission; 3) declares the case to be considered, verifies the appearance of the persons participating in the case, and their powers, whether the persons who have not appeared in the meeting are duly notified and whether the reasons for their non-appearance are available; 4) clarifies the possibility of the case; 5) explains to the persons involved in the case their rights, determines the sequence of actions to be taken in the case; 6) directs the meeting of the commission, provides conditions for a full and complete examination of the evidence and the circumstances of the case, and ensures that the applications and applications of the persons participating in the case are examined; 7) takes steps to A meeting of the commission of the proper order. 4. 1) hears persons involved in the case; (2) hears and discusses motions, decisions are taken on them, which are to be reflected in the minutes of the meeting; 3) are examined evidence; 4) the opinions and explanations of the persons involved in the case concerning the evidence submitted by the persons involved in the case; 5) hear and discuss the views of the experts involved in the case conclusions; 6) persons who have knowledge of the the circumstances of the case; 7) on the request of the persons involved in the case, or at the initiative of the commission, discuss the grounds and the need to declare a suspension of the meeting, the adjournment, suspension of the proceedings I do. 5. In the case of violation of the law in the sphere of state defense order, the commission is entitled to request from persons involved in the case, in compliance with the requirements of the Russian legislation on state secrets, bank secrecy, The confidentiality of documents, information and explanations in writing or orally on matters arising in the course of the proceedings, shall be used as a confidential matter in the case of other persons. 6. After the examination of the evidence in the case of the violation of the law in the State defence order, the statements of the positions of the persons involved and the opinions of the experts, interviews with persons who have information about the The Chairman of the commission shall announce the completion of the proceedings and request the persons involved in the case and other persons to leave for the commission of the decision. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -19. Suspension of the meeting of the Commission 1. The Commission is entitled to suspend the meeting of the commission for a period not exceeding seven days at the request of the person involved in the case of a violation of the law in the sphere of State defence order or on its own initiative. 2. After the suspension of the commission's meeting, the case of violation of the law in the sphere of state defense order has continued since the moment on which it was interrupted. There shall be no review of the evidence examined before the adjournment of the meeting of the commission. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ Article 15 -20. Disposition and suspension of the case of violation of the law in the sphere of state defense order 1. The Commission has the right to defer the consideration of the case of a violation of the law in the sphere of State defence order: 1) at the request of the person participating in the case, in connection with the impossibility of the appearance of the person or his representative attending the meeting Respective reasons, confirmed by relevant documents; (2) in connection with the need to obtain additional evidence; 3) to engage in the case of persons who facilitate the case, and (or) Other persons whose participation in the case, in the opinion of the commission, is necessary; " (4) If, in the course of the proceedings (inaction) of the defendant, evidence of a different violation of the law in the sphere of State defence order was found in the case rather than the breach on the grounds of which the case was opened; 5) in other cases provided for in this chapter. 2. The Commission is obliged to postpone the consideration of the case of a violation of the law in the sphere of State defence order in the event that a person who had previously participated in the case in a different status (the applicant, the person who had previously participated in the case) is involved in the case. (a) The situation in the Republic of the Congo. 3. In case of a case of violation of the law in the sphere of state defense order, the period of consideration shall not be interrupted. The hearing of the case at the new meeting of the Commission has been resumed from the time it was postponed. 4. The Commission may suspend consideration of the case of violation of the law in the sphere of state defense order in the case and on time: 1) the examination by the controlling body, the court, the preliminary investigation bodies of another case, which is relevant for the consideration of the case of violation of the law in the sphere of state defense order; 2) carrying out the examination. 5. The period of consideration of the case of violation of the law in the sphere of state defense order is interrupted when the case is suspended and continues from the moment of the resumption of the hearing of the case. The case is still pending from the date on which it was suspended. 6. On suspension, the suspension, the reopening of the case of the violation of the law in the sphere of state defense order, as well as the purpose of the examination, the commission will issue a definition, a copy of which is within three days from the date of the suspension. The delivery is directed to the persons involved in the case. A copy of the definition of appointment is also sent to the expert within three days from the date of such determination. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -21. { \cs6\f1\cf6\lang1024 } Merge { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } For the purpose of a full, comprehensive and objective review of the violation of the law in the sphere of State defence order, the supervisory authority on the request of the persons involved in the case or on its own initiative in accordance with the procedure established by the law. by this body, has the right to combine two or more cases of violation of the law in the sphere of state defense order, as well as to single out one or more cases in a separate production. 2. The Commission rules on the joing of cases into one proceeding or the allocation of a case to a separate proceeding. 3. The composition of the commission for the consideration of joint proceedings in a single proceeding or the individual case of a violation of the law in the sphere of state defense order is determined by the order of the supervisory authority. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -22. Discontinuation of the case of the violation of the law in the scope of the state defense order 1. The commission suspends the consideration of the case of violation of the law in the sphere of state defense order in the case of: 1) the voluntary elimination of the violation of the law in the sphere of state defense order and its consequences By the perpetrator of the violation; (2) by the commission that there is no violation of the law in the sphere of state defence order in actions (inaction) of the defendant in the case; 3) liquidation of a legal person- the sole defendant in the case; 4) of the death of a natural person- the sole defendant in the case; 5) the existence of a court act which has entered into force, which contains findings of the existence or absence of a violation of the law in the area of State defence order in action (inaction) The defendant in the case; 6) the existence of a decision by the supervisory authority that has established a violation of the law in the sphere of state defense order in the actions (inaction) of the defendant in the case; 7) of the statute of limitations imposed by article 15-14 of the present Federal law. 2. The decision to discontinue consideration of the case of violation of the law in the sphere of state defense order is taken by the commission in accordance with Article 15-12 of this Federal Law. In the event that the proceedings are terminated in accordance with paragraphs 1 and 6 of part 1 of this article, the operative part of the decision to discontinue the case shall contain information on the finding of a violation by the respondent (s) Legislation in the area of State defence order. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -23. Adoption by the commission of a decision on the violation of law in the sphere of state defense order 1. When deciding on a case of violation of the law in the sphere of state defense order, the commission: 1) evaluates the evidence and arguments presented by the persons involved in the case; 2) evaluates opinions and opinions of experts, as well as persons who have knowledge of the circumstances under consideration; 3) determines which norms of the Russian Federation's legislation have been violated by the actions (inaction) of the defendant in the case; 4) establishes rights and of persons participating in the case; 5) permits Questions on the extradition and maintenance of the regulations, as well as on the need for other actions aimed at eliminating and (or) preventing violations of the law in the area of public defence order, including directions materials to law enforcement agencies, on appeal to the court, on the sending of proposals and recommendations to the public authorities. 2. The operative part of the decision in the case of violation of the law in the sphere of state defense order is to be announced at the end of the case, it must be signed by all the members of the commission who participated in the decision making. The case. The decision should be made in full within ten working days from the day of the reading of the operative part of the decision. A copy of the judgement shall be communicated immediately or handed to the persons participating in the case. The date of production of the full decision shall be deemed to be the date of its adoption. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -24. The rule on the violation of the law in the sphere of state defense order 1. On the basis of a decision in the case, the commission shall issue a request to the defendant on the basis of a decision in the case of a violation of the law in the sphere of State defence order. 2. The order in the case of violation of the law in the sphere of state defense order is made at the same time as the decision. A copy of the order shall be immediately forwarded or handed to the person who has to comply with the requirement. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -25. Enforcement of the requirement for breach of the law of the state defence order. The consequences of failure to comply with the violation of law in state defense order 1. The order in the case of violation of the law in the sphere of state defense order is subject to execution within the time limit prescribed in the regulation. The enforcement of the regulation shall be monitored by the controlling authority. 2. Failure to comply with the order in the case of violation of the law in the sphere of state defence order entails administrative responsibility. 3. Failure to comply with the order in the case of violation of the law in the sphere of State defence order is understood to mean evasion of the order or partial execution of the order in accordance with the prescribed time limit. Failure to comply with the order is a violation of the law in the area of state defence order. 4. The period of execution of the order in the case of violation of the law in the sphere of state defense order may be extended by the commission not more than one hundred and eighty calendar days on the basis of a reasoned request of the defendant (the defendants) in the case in the case of If the reasons stated in the application are found to be respectful. An application for an extension of the order shall be sent to the supervising authority not later than twenty working days before the expiry of the period of execution. 5. The extension of the order in the case of infringement of the law in the sphere of State defence order or refusal to extend it shall be signed by the chairman and members of the commission and within ten working days of the day The application is sent to the defendant (s) in the mail by registered letter of delivery or handed to the defendant (s) or to his representative under the painting. 6. In the case of the defendant (defendant) in the case of violation of the law in the sphere of state defense order, administrative liability for failure to comply with the order by the commission within five working days from the date of delivery Administrative punishment orders are issued with a determination to establish a new time frame for the execution of the previously issued regulation. The definition shall be signed by the chairperson and members of the commission and shall be sent to the respondent (s) by mail by registered letter of delivery or handed to the respondent (s) or to his representative under the painting. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -26. Explanation of the decision and (or) issued on its violation case of the law in the scope of the state defense order. Correction of the description, typographical error and arithmetic error 1. The Commission that issued the decision and (or) issued a prescription for the violation of the law in the area of the State defence order, on the application of the person involved in the case, or on his own initiative, is entitled to provide an explanation the specified decisions and/or requirements without modification of their contents, and correct the description, typographical error or arithmeative error in the decision and/or prescription. 2. In matters of explanation of the decision and (or) prescription of a violation of the law in the area of State defence order, correction of an inventory, a typographical error or an arithmeting error, the commission makes a determination. 3. The Commission shall issue a determination on the issue of clarification of the decision and (or) prescription of a violation of the law in the area of State defence order, correction of an inventory description, a typographical error or an arithmeting error to persons, The Conference of the Parties serving as the meeting of the Parties to the Protocol shall: (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -27. Review of the decision and (or) issued on its breach of the law of state defence order for new and (or) again discovered circumstances 1. The decision and/or the order issued on its basis in the case of a violation of the law in the area of State defence order may be reviewed on the basis of the new and (or) newly discovered circumstances by the commission which has taken such a decision and (or) Issuing such an order. 2. The grounds for reconsideration of the decision and/or the prescription of a breach of the law in the State defence order under the new and (or) newly discovered circumstances are: 1) identification circumstances that were not and could not be known at the time of the reading of the operative part of the decision in the case, but are essential for the correct resolution of the case; 2) falsification of evidence, knowingly false testimony of a person, having knowledge of the circumstances of the case, False imprisonment of an expert known to be mistaken for an illegal or unjustifiable decision and (or) extradition on the basis of an order. 3. Application for reconsideration of the decision taken by the commission and (or) issued by the commission in the case concerning the violation of the law in the sphere of State defence order under new and (or) newly discovered circumstances shall be submitted to the controlling The body whose commission has made such a decision and (or) issued such an order, the persons participating in the case within ninety calendar days from the date on which they learned or should have been aware of the existence of the circumstances that justify the case review of such a decision and/or of such an order. 4. At the request of the person making the application referred to in paragraph 3 of this article, the missing time limit for the submission of such a statement may be reinstated by the controlling authority, provided that the application is filed within a hundred and eighty calendar. days from the date of establishment of the grounds for review of the decision and/or the (or) prescription of a breach of the law in the State defence order, and the supervisory authority accepts the reasons for missing the time limit, respectful. 5. Form and contents of the application for review of the decision taken by the commission and (or) issued by the Commission in the case concerning the violation of the law in the area of State defence order on new and (or) newly discovered circumstances to be determined by the controlling authority. 6. The supervisory authority shall return to the applicant the application for review of the decision and/or the (or) prescription of the violation of the law in the area of State defence order on the new and (or) newly discovered 10 days from the date of receipt, if it determines that: 1) is not in compliance with the form and content of the application; 2) the application is filed after the deadline and is not available The request for reinstatement or reinstatement of the applicant was denied The time limit for the submission of the application. 7. A request for a review of a decision and/or a prescription for a breach of the law in the area of State defence order for new and (or) newly discovered circumstances shall be reviewed by a commission that has accepted such a decision. the decision and/or issuing such order, within thirty calendar days of the date of receipt of the application to the controlling authority. 8. As a result of the review of the application for review of the decision taken and (or) issued by the court in the case of a violation of the law in the sphere of State defence order on new and (or) newly discovered circumstances The Commission takes one of the following decisions: (1) to be satisfied with the application and to review the adopted decision and (or) issued prescription; 2) to refuse to accept the application for review of the Decisions and (or) issued requirements. 9. Decision to refuse the application for review of the decision and/or order issued on its basis in the case of a violation of the law in the area of State defence order on new and (or) newly discovered circumstances The Commission shall forward the applicant within three days of its adoption. 10. In the event of a decision to review a decision and (or) prescription in the case of a violation of the law in the area of public defence order by new and (or) newly discovered circumstances, the commission shall render a determination on the review of the decision and/or of the regulation. Copies of such determination shall be made within three days from the date of its issuance to the persons participating in the case. 11. Revision of the decision and (or) prescription of a breach of the law in the area of State defence order for new and (or) newly discovered circumstances is being implemented by the revised commission The decision and/or the issuing authority of the revised regulation, in accordance with the procedure established by this chapter. (The article is supplemented by the Federal Law of 29.06.2015). N 159-FZ) Article 15 -28. The procedure for appealing against decisions and orders of the supervisory authority 1. The decision and/or the order of the controlling authority in the case of violation of the law in the sphere of state defense order can be appealed to the arbitral tribunal within ninety calendar days from the date of acceptance. Decision or issuance of a regulation. Appeals against decisions and/or orders of the supervisory authority are subject to the jurisdiction of the arbitral tribunal. 2. An appeal against the order does not rule out the duty to execute it. 29/06/2015 N 159-FZ) Chapter 6. Final provisions Article 16. On the recognition of the separate pieces of legislation (provisions of the legislative acts) of the Russian Federation From the day of the entry into force of this Federal Law to be void: 1) Federal Law of 27 December 1995 N 213-FZ "On State Defence Order" (Assembly of Laws of the Russian Federation, 1996, N 1, est. 6); 2) Article 12 of the Federal Law of 2 February 2006 N 19-FZ "On amendments to some legislative acts of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION " (Legislative Assembly of the Russian Federation, 2006, N 6, art. 636); 3) Article 7 of the Federal Law of 1 December 2007 No. 318-FZ "On amendments to selected legislative acts of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6079); 4) Federal Act of 28 December 2010, No. 404-FZ " On the suspension of certain provisions of the legislation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 14); 5) Article 14 of the Federal Law of 19 July 2011, No. 248-FZ " On amendments to selected legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) Article 17. The entry into force of this Federal Law This Federal Law shall enter into force on 1 January 2013. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 29, 2012 N 275-FZ