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On Amending The Law Of Ukraine "on State Defence Orders"

Original Language Title: Про внесення змін до Закону України "Про державне оборонне замовлення"

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On Amendments to the Law of Ukraine
"On the State Defense Order"
(Information of the Verkhovna Rada of Ukraine (VR), 2011, N 6, pp. 45)

Verkhovna Rada of Ukraine Oh, I am. :
Make changes to the Law of Ukraine " On State Defense
(...) 464-14 ) (Information of the Verkhovna Rada of Ukraine, 1999,
N 17, st. 111; 2003, N 26, pp. 200, N 30, st. 247; 2005,
N 5, st. 115, N 9, st. 183; 2007, N 9, pp. 67), teaching him in
" With A C O U R A, A
On the State Defense Order

This Act defines general legal principles of planning and
The formation of a state defense order and regulates the features
relationships related to the definition and implementation of procedures
procurement of products, execution of work and providing services
Defensive assignment (products, robots and services).
Article 1. Term Definition
In this Act, the terms below are used in this respect.
1) defensive order executive (further to the performers)-
Subjects of economic activity of Ukraine regardless of form
property rights that have licenses (permits) on the failure of the relevant
of the activities of economic activities in cases prescribed by the law,
received by legislation, and foreign entities
of the State Contract with which the
Defence orders for supply (procurement) products,
performing work and providing services with the results of the competitive
Selection (excluding state contracts with entities)
Economic activities that are the only ones in Ukraine);
2) co-order of the defence order
(further by co-actuators)-subjects of economic activity of Ukraine
regardless of their form of property having licenses (permits).
The failure of the relevant economic activities obtained by the
according to the legislation involved in the execution of the defence
Orders based on relevant contracts (contracts),
As listed by the Executive Committee;
3) state defense order (further defensive)
order)-a means of state regulation of the economy for
the satisfaction of scientific and logistical needs from
providing national security and defence by planning
volume of financial resources, definitions of species and volumes of products,
works and services, as well as the conclusion with the performers of the public
Supply contracts (procurement) of products, jobs and services;
4) state contract on defense order (next-
State contract)-a treaty laid down in writing
by a state customer on behalf of the state with an executive according to
approved by the main indicators of the defense order, in which
define the economic and legal obligations of the parties, the order
Regulation of their economic relations;
5) government orders from the defensive order (further-
government orders)-defined by the Cabinet of Ministers of Ukraine
The central authorities of the executive branch, other public bodies-the main
Budget orders;
(6) orientable volumes of defence order volumes-
The composition of the main defence planning indicators: orientable
the amount of financial resources of the state to supply (procurement)
products, works and services by defence order, according to
The accounting needs identified by government customers;
7) the main indicators of defense order-approved
Cabinet of Ministers of Ukraine lists (nomenclature) and volumes
products, works and services supplied (coupons), and
also the volume of funds prescribed to such goals within the established
Budgetary appropriations by law on the State budget
Ukraine at the appropriate budget period for each state
The customer;
8) defense service-services related to the
Ensuring the vitality of the facilities and facilities of the defence and
special purpose, exploitation and use of products
Defensive assignment;
9) defensive destination products-armaments, military and
special equipment, military weapons and ammunition, special
complex products for their manufacture and exploitation,
materials and equipment specially designed for their development,
Manufacture or use, special technical means;
(10) defensive work:
fundamental scientific research to meet the needs of
Ensuring national security and defence;
Research and development work or
individual stages of creation, modernization, product disposal
of a defensive destination, the development of special technology,
Materials and standards;
construction of facilities and construction of defensive and special
creation of new and build-up of existing production facilities
For the manufacture of defensive production products;
Work on mobilizing training;
repair, modification, modernization, disposal and destruction
Defensive output;
the formation and conduct of the Insurance Fund of the Documentation of
service, military and special equipment, other military property,
facilities and structures of defensive and special purpose.
Article 2. The legal basis of the defence order
1. The legal basis for the defensive order is the Constitution
Ukraine ( 254k/96-PL ), Civil Code of Ukraine 435-15 ),
Economic Code of Ukraine 436-15 ), Laws of Ukraine " On
organizing defensive planning " ( 2198-15 ), " On implementation
public procurement " ( 2289-17 ), " On state order for
meeting priority public needs " ( 493 /95-PL ) and others
legislative acts of Ukraine.
Article 3. Commissioner for Coordination
Defensive order
1. Coordination of the defence order implementation
Has been appointed by the Cabinet of Ministers of Ukraine
The central authority of the executive branch (hereafter is the authorized body).
2. The authorized body:
Prepares for proposals by government customers
Defence order major indicators on the respective budget
the period and gives it in established order for consideration by the Cabinet
Ministers of Ukraine;
coordinates and controls the activities of state customers during
placing defensive orders and execution of state
Provides technical and advisory assistance to the public
Customers with respect to procurement procedures;
receives report from state customers
Implementation of procurement, conclusion and execution of public
informing in the installed lines of the Cabinet of Ministers of Ukraine on
A defensive order.
sets the lines of submission by state orders
to the project of the main indicators of defense order, information
Government contracts and the progress of their execution;
Develop regulatory and regulatory action projects
Defensive order.
Article 4. State Order
1. State customer:
Provides defensive order planning;
Prepares and gives the authorized body in the defined line
proposals prior to the project of the main indicators of the defence order at
The corresponding budget period;
Make public contracts with the performers;
Organizes and provides procurement procedures;
provides funding according to the conditions of the state
Supervise the targeted use of budget funds,
dedicated to performing a defensive order according to the conditions
Government contracts;
make control of the progress of the work (on the individual stages)
and in general) according to the defence order;
organises and participates in the conduct of the state and other
Tests of the defensive target products;
provides executive technical tasks and agrees with it
The programme (techno-economic indicators) or the subject matter;
accepts the delivered (manufactured) products performed by the work
(including design documentation) and provided services;
reports to the authorized body and specially
the central authority of the executive branch in the field
Government contracts statistics, results
Execution and use of budget funds;
plans and controls work on the formation of the insurance fund
defines the order with the order of the order to be involved
A defensive order for co-performers.
Article 5. Defensive Order
1. Defense order Artist:
delivers products, performs works and provides services
Under the terms of the state contract;
provides the mapping of manufactured products
Defensive assignment to the requirements of a government customer;
provides state customer proper conditions for
Control of the execution of a defensive order;
reports the execution of a defensive order before the authorities
State statistics;
provides documentation for making documents
Documentation insurance;
involve, in case of need, prior to the execution of a defensive
Order of co-artists and provides advance and remuneration
running order according to the terms of the concluded treaty
(Contract) According to the requirements of the current legislation.
Article 6. Planning and forming of a defensive order
1. Defensive order is a component of the system
planning for the development of the Military Organization of the State to be carried out
According to the Law of Ukraine " On the Organization of Defense
planning " ( 2198-15 ).
2. State customers for long-term and
mid-island defensive planning is developing an orientable
the volume of defence orders with respect to orientable
of the financial resources required to take action,
execution of tasks and achievements of the indicators defined by the
target programs, other fundamental documents
Defensive planning.
3. For short-term defense planning by state officials
The customers prepare and submit proposals to the project of the main
Defensive order indicators on:
the next budget period with respect to the outstanding,
predicted for the needs of national security and
Defence in the draft law on the State budget of Ukraine to the following
The budget period;
second next budget period with respect to orientations
the volume of defence orders defined for such a
4. State customers agree with the Ministry of Defence
Ukraine proposal to undertake work to develop new species
weapons, military equipment and military weapons, their constituents.
parts, as well as the modernisation of the specified products of the defence
To avoid duplicating such works.
Government customers agree with the central authorities
of the executive branch, to the areas of which businesses belong to
Defence and industrial complex, proposals for work
A defensive destination with the goal of maximum use
Industrial-industrial development potential
Ukrainian complex.
5. Draft main defence order indicators for the
the next budget period prepares the authorized body with respect to
Proposals by State customers in established legislation
In the draft of the main indicators of the defense order
Taking into account proposals for supply (procurement) products,
Works and services:
required to take measures, perform tasks and
achievement of metrics defined by government target programs,
other documents planning for the development of the Armed Forces of Ukraine,
military formations, law enforcement and
The military-industrial complex in the respective budget period;
required for the execution of public orders
defined by the Cabinet of Ministers of Ukraine as having
especially important to ensure national security and
Defence according to the Basic Directions of Government Policy in
the economic and social sphere for the appropriate year.
6. The Cabinet of Ministers of Ukraine approves the main indicators
Defence order after the adoption of the Verkhovna Rada of Ukraine
The State Budget of Ukraine at the appropriate budget period.
In case of the need of the Cabinet of Ministers of Ukraine,
The main indicators of defensive order within the outstanding,
approved by the State Budget of Ukraine.
The state customer is not allowed to redistribute to others
the needs of the expenditures of the state budget stipulated by the
Defensive order.
7. Method of planning, formation, features of placement,
Defensive order adjustment, and order of exercise
The control of its execution determines the Cabinet of Ministers of Ukraine.
Article 7. Government contracts with defence equipment
1. Government contracts on defence order
Carried out by government officials in regard to approvals granted
basic defense order indicators by definition of
Competitive performers among economic actors
operations, unless otherwise provided by the Law of Ukraine " On
Public procurement " ( 2289-17 ) and that Act.
2. State customers carry out the selection of artists from
Supply (procurement) products, works and services:
if their procurement by defensive order is state.
A secret, in the order stipulated by this Act;
in other cases-in the order defined by the Law of Ukraine
"Public Procurement" (PDF). 2289-17 ).
3. In case of purchase of products, works and services abroad
Defensive order is a state secret, such products,
work and services are bought from the host entities, which
registered as producers of products, works and defence services
the destination, the procurement of which constitutes a state secret, without
Application of competitive procedures.
Order of Production and Register of Product Manufacturers,
work and defence services, procurement of which are
a state secret, defined by the Cabinet of Ministers of Ukraine.
4. State contract on defence orders
parties based on the default state contract approved by the
Cabinet of Ministers of Ukraine.
Article 8. Features of purchases of products, works and services
to import a defensive target
1. Purchase of products, works and defence services
the import is carried out in accordance with Article 7 of this Act and
Laws of Ukraine "On Foreign Economic Activity" 959-12 ) and
"On state control of international goods transfers"
military purpose and dual use " ( 549-15 ).
2. In case the public contract is provided for procurement
Defensive output by imports exceeding the amount of
five million euros, the mandatory condition of such a contract is
The Government of the Republic of the Republic of Ukraine.
3. Date of receipt for the acquisition of Ukraine
undertaken by making and performing a compensatory
(offset) of the treaty, which is an external economic treaty
(the contract), laid in writing between the central authority.
of the Executive, authorized by the Cabinet of Ministers of Ukraine, and
foreign entity of economic activity, and related
Public supply contract (procurement) of products, works and
Defence services.
Procedures for the making of compensatory (offset) treaties and
The compensation is determined by the Cabinet of Ministers of Ukraine.
Article 9. Defensive Order Execution
1. The execution of the defence order is carried out in accordance with
A contract.
2. Owner of production facilities created by state
funds as a result of the defense order, is the state in
A person of government officials. Ownership, Order, and
use, including on the terms of rental, facilities, products
and the power created as a result of the defensive
order, is carried out in the order defined by the legislation
Ukraine, with the obligation to safeguard the rights of
Intellectual property rights.
3. State customers have the right to place
enterprises, in institutions and organizations defined by the
performers, their representation or to engage in such work on
a contractual basis for other state customers. Activities
the stated representation in accordance with the provisions of the
are approved by the Cabinet of Ministers of Ukraine.
4. Development order, development and release of new species
Promotion and termination of release
existing in the Cabinet of Ministers of Ukraine.
Article 10. The State of Secrets
1. Steps for planning, formation, placement, and
the execution of a defensive order, which constitutes a state secret,
With the laws of the State of the State.
Article 11. Control of the defence order
1. Control of quality products, works and services at all
stages of development, production, modernization, disposal and
repair, for targeted use of funds, checking and reconciling
documents on the formation of contractual prices are carried out by the State
Article 12. Responsibility for violation of the legislation on
defensive order
1. In case of unintended use of budget funds
the responsibility of public orders under the law.
2. In case of non-performing or undue execution of a defensive
the order of the guilty party will rebuke the other side
damage in the order stipulated by the law.
3. In case of eviction of the performer, defined in the order of
intended as part of the second article 7 of this Act, from the conclusion
The State contract is responsible for the
with the law.
4. Dispute that arise between government customers and
For procurement, during the implementation of the
the conclusion, implementation, amendment or dissolution of the State
contracts, as well as disputes related to the waste
Damage done in court order.
Article 13. Final Position
1. This Act will take effect from the day of its publication.
2. Cabinet of Ministers of Ukraine for three months from
to take effect by the Act to bring its legal and legal rights
Acts in compliance with this Act. "

President of Ukraine V. YASUKOVIC
Um ... Kiev, 23 September 2010
N 2560-VI