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Ministry of Justice

Russian Federation

On August 24, 2017 No. 47934

ORDER OF THE MINISTRY OF AGRICULTURE OF THE RUSSIAN FEDERATION

of June 28, 2017 No. 307

About approval of Rules of selection by the agent of the exchanges performing carrying out the exchange biddings providing acquisition of agricultural products at agricultural producers in the course of carrying out the state purchasing interventions and realization of agricultural products from federal intervention fund of agricultural products

According to Item 13 of Rules of acquisition of agricultural products at agricultural producers in the course of carrying out the state purchasing interventions and its realization approved by the order of the Government of the Russian Federation of October 5, 2016 No. 1003 (The Russian Federation Code, 2016, to No. 41, of the Art. 5842), I order:

Approve Rules of selection by the agent of the exchanges performing carrying out the exchange biddings providing acquisition of agricultural products at agricultural producers in the course of carrying out the state purchasing interventions and realization of agricultural products from federal intervention fund of agricultural products according to appendix.

Minister

A. N. Tkachyov

Appendix

to the Order of the Ministry of Agriculture of the Russian Federation of June 28, 2017 No. 307

Rules of selection by the agent of the exchanges performing carrying out the exchange biddings providing acquisition of agricultural products at agricultural producers in the course of carrying out the state purchasing interventions and realization of agricultural products from federal intervention fund of agricultural products

I. General provisions

1. These rules are developed for the purpose of selection by the agent of the exchanges performing carrying out the exchange biddings on acquisition of agricultural products at agricultural producers in the course of carrying out the state purchasing interventions and realization of agricultural products from federal intervention fund of agricultural products (further respectively - selection, the exchanges, the state interventions, intervention fund).

2. Acquisition of agricultural products at agricultural producers in the course of carrying out the state purchasing interventions, realization of agricultural products from intervention fund, the stores organization of inventories of intervention fund, insurance of inventories of intervention fund and the organization of ensuring their quantitative and high-quality safety are performed by the agent based on the public contract signed with the Ministry of Agriculture of the Russian Federation for a period of up to 3 years according to the procedure, established by the legislation of the Russian Federation on contractual system in the sphere of purchases of goods, works and services for ensuring the state and municipal needs (further - the agent) <1>.

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<1> Item 7 Corrected acquisitions of agricultural products at agricultural producers in the course of carrying out the state purchasing interventions and its realization approved by the order of the Government of the Russian Federation of October 5, 2016 No. 1003 (The Russian Federation Code, 2016, No. 41, the Art. 5842).

3. When carrying out selection before the publication of the protocol of selection of the exchange any negotiations of representatives of the agent or members of the commission created for carrying out selection (further - the commission), with the exchange which submitted the application for participation in selection (further - the request), are not allowed. In case of violation of the specified prohibition selection can be nullified according to the procedure, stipulated by the legislation the Russian Federation.

4. In case of selection recognition cancelled in the cases provided by these rules (except for case of recognition of selection cancelled in connection with the admission to participation in selection and recognition by the participant of selection of the single exchange), carrying out new selection is allowed.

II. Functions of the agent and the commission when carrying out selection

5. When carrying out selection the agent performs the following functions:

1) creation of the commission and statement of its structure;

2) ensuring work of the commission;

3) placement of the announcement of carrying out selection and information on results of its carrying out;

4) ensuring storage of the arrived requests;

5) explanation of procedure for carrying out selection and procedure for leading of its results;

6) informing participants of selection on its results;

7) decision making about refusal of carrying out selection and the notification of the exchanges which submitted applications on adoption of such decision;

8) storage of protocols of commission sessions, and also audio-and (or) videos of commission session when opening envelopes with requests within at least 3 years from the date of placement (publication) of the announcement of carrying out selection;

9) the conclusion with the exchange - the winner of selection (or in the cases established by these rules with the exchange - the participant of selection) contracts for carrying out the exchange biddings;

6. The commission performs the following functions:

1) ensuring acceptance and registration of the arrived requests;

2) opening of envelopes with requests on commission session and taking the minutes of opening of envelopes with requests;

3) consideration of requests on commission session and taking the minutes of consideration of requests;

4) decision making about the admission of the exchanges which submitted applications to participation in selection, and about recognition by their participants of selection;

5) assessment of requests and determination of the winner of selection, and also taking the minutes of assessment and comparison of requests.

III. Requirements to participants of selection

7. When carrying out selection the following requirements to participants of selection are established:

1) the exchange has license granted by the Central bank of the Russian Federation according to article 26 of the Federal Law of November 21, 2011 No. 325-FZ "About the organized biddings" <2> (further - the license of the exchange);

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<2> Russian Federation Code, 2011, No. 48, Art. 6726; 2012, No. 53, Art. 7607; 2013, No. 30, Art. 4084; No. 51, Art. 6699; 2015, No. 27, Art. 4001; No. 29, Art. 4357; 2016, No. 1, Art. 47, Art. 48; No. 27, Art. 4225.

2) concerning the exchange the liquidation procedure is not carried out, there is no decision of Arbitration Court on liquidation of the exchange or the decision of Arbitration Court on recognition of the exchange by the bankrupt and on opening of bankruptcy proceedings;

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