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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 24, 2018 No. 1268

About approval of general requirements to establishment of cases and conditions of prolongation of completion date of the budget enforcement measure

According to Item 6 of Article 306.2 of the Budget code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed general requirements to establishment of cases and conditions of prolongation of completion date of the budget enforcement measure.

2. This resolution becomes effective from the date of its official publication.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of October 24, 2018 No. 1268

General requirements to establishment of cases and conditions of prolongation of completion date of the budget enforcement measure

1. This document determines general requirements to establishment of cases and conditions of prolongation of execution of the budget enforcement measure for the term of more than one year from the date of decision making about application of the budget enforcement measure.

2. The Ministry of Finance of the Russian Federation, financial body of the subject of the Russian Federation and the financial body of the municipality making the decision on application of the budget enforcement measure (further - financial bodies) establish cases and conditions of prolongation of execution of the budget enforcement measure for the term of more than one year with observance of the following general requirements:

a) total amount of the used not for purpose of means of budget credits, interbudget transfers provided from the federal budget to the budget of the subject of the Russian Federation in the form of the subsidies, subventions and other interbudget transfers having purpose utilized with violation of conditions of provision of budget credits and used with violation of conditions of provision (expenditure) of the specified interbudget transfers which are subject to indisputable collection according to decisions on application of the budget enforcement measures exceeds 5 percent of the amount of amount of tax and non-tax income of the budget of the subject of the Russian Federation the current financial year approved by the law of the subject of the Russian Federation on the budget of the subject of the Russian Federation the current financial year and planning period and amount of grants for equalization of fiscal capacity of the subject of the Russian Federation, provided to this subject of the Russian Federation the current financial year by the appendix to the Federal Law on the federal budget the current financial year and planning period establishing distribution between subjects of the Russian Federation of the specified interbudget transfers to the current financial year.

Total amount of the used not for purpose of means of budget credits, interbudget transfers provided from the budget of the subject of the Russian Federation (local budget) to the local budget in the form of the subsidies, subventions and other interbudget transfers having purpose utilized with violation of conditions of provision of budget credits and used with violation of conditions of provision (expenditure) of the specified interbudget transfers which are subject to indisputable collection according to decisions on application of the budget enforcement measures for determination of case of prolongation of execution of the budget enforcement measure for the term of more than one year is established by the supreme executive body of the government of the subject of the Russian Federation (local administration);

b) the subject of the Russian Federation (the municipality on which the decision on application of the budget enforcement measure is made) assumes obligations specified in Item 3 of this document.

3. Obligations assumed by the subject of the Russian Federation (the municipality on which the decision on application of the budget enforcement measure is made) for the purpose of decision making about prolongation of execution of the budget enforcement measure for the term of more than one year, are:

a) the organization of budget implementation of the subject of the Russian Federation (local budget) with opening and maintaining personal accounts for accounting of transactions of the main managers, managers, receivers of budget funds of the subject of the Russian Federation (local budget) and chief managers (administrators) of sources of financing of budget deficit of the subject of the Russian Federation (local budget) in territorial authority of the Federal Treasury based on the agreement on implementation by territorial authority of the Federal Treasury of separate functions on budget implementation of the subject of the Russian Federation (local budget) in case of cash servicing of budget implementation of the subject of the Russian Federation (local budget) concluded by territorial authority of the Federal Treasury and the supreme executive body of the government of the subject of the Russian Federation (local administration of the municipality, on which the decision on application of the budget enforcement measure), the provision which is subject to coordination with the relevant financial body and including is made:

about transfer to territorial authority of the Federal Treasury of functions of financial body of the subject of the Russian Federation (financial body of the municipality) on accounting of the budget obligations and authorization of payment of monetary commitments of receivers of budget funds of the subject of the Russian Federation (local budget);

about priority of cash write-off according to the list of the priority payments made by budget funds of the subject of the Russian Federation (local budget) which is integral part of the agreement provided by paragraph one of this subitem;

about inadmissibility of carrying out cash payments for the payment commitments of the subject of the Russian Federation (municipality) which are not included in the list of priority payments specified in paragraph three of this subitem in the presence of overdue accounts payable on the payment commitments of the subject of the Russian Federation (municipality) included in this list;

b) implementation according to the budget legislation of the Russian Federation of treasurer maintenance:

advance payments under the public (municipal) contracts about delivery of goods, performance of works, rendering services for ensuring the state needs of the subject of the Russian Federation (municipal needs), advance payments under the public (municipal) contracts which subject are the capital investments in objects of state-owned property of subjects of the Russian Federation (municipal property), subsidies and budget investments provided to legal entities, advance payments under contracts (agreements) on delivery of goods, performance of works, rendering services signed by budget and autonomous institutions of the subject of the Russian Federation (local budget and autonomous government offices) if for the purpose of joint financing (financial provision) of the corresponding payment commitments of the subject of the Russian Federation (municipality) from the federal budget and the budget of the subject of the Russian Federation (local budget) subsidies and other interbudget transfers are provided;

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