ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 2, 2022 No. 1368

About approval of Rules of implementation in 2022 of bank maintenance in case of treasurer maintenance of means

According to part 12 of article 5 of the Federal law "About the Federal Budget for 2022 and for Planning Period of 2023 and 2024" Government of the Russian Federation decides:

Approve the enclosed Rules of implementation in 2022 of bank maintenance in case of treasurer maintenance of means.

Approved by the Order of the Government of the Russian Federation of August 2, 2022 No. 1368

Rules of implementation in 2022 of bank maintenance in case of treasurer maintenance of means

I. General provisions

1. These rules establish procedure in 2022 credit institutions of bank maintenance of the means determined according to Item 2 of these rules (further respectively - banks, target means), when implementing by the Federal Treasury of treasurer maintenance of the means determined by Items 1 - 6 and 9 parts 2 of article 5 of the Federal law "About the Federal Budget for 2022 and for Planning Period of 2023 and 2024" (except for means concerning which expanded treasurer maintenance is performed) (further - the isolated bank maintenance).

2. Banks perform the isolated bank maintenance of the means provided to legal entities and individual entrepreneurs based on contracts (agreements) on delivery of goods (performance of works, rendering the services) concluded within execution:

a) public contracts about delivery of goods, performance of works, rendering services (further - public contracts);

b) contracts (agreements) signed by the legal entities who are receivers of means from the federal budget based on agreements on provision of subsidies to legal entities (except for subsidies to federal budget and autonomous institutions), agreements on provision of budget investments to legal entities according to Article 80 of the Budget code of the Russian Federation, contracts (agreements) signed by the legal entities receiving means based on agreements on provision of fees in the authorized (share) capital (deposits to property) of legal entities (their subsidiaries) which source of financial provision of execution are the specified subsidies and budget investments (further respectively - agreements (agreements), the contract (agreement) signed with the receiver of subsidy (budget investments), fee (contribution).

3. Banks perform the isolated bank maintenance according to these rules in case of adoption by the Government of the Russian Federation of the decision on implementation of the isolated bank maintenance containing information on the public contracts planned to the conclusion, agreements (agreements) in case of which execution the isolated bank maintenance is performed.

The isolated bank maintenance is performed by the bank attracted with the contractor according to the public contract, the contractor under the contract (agreement) signed with the receiver of subsidy (budget investments), fee (contribution) included in the list of the banks meeting the established requirements for adoption of bank guarantees for the purpose of the taxation, the stipulated in Article 74.1 Tax Code of the Russian Federation.

The draft decision of the Government of the Russian Federation for entering in accordance with the established procedure into the Government of the Russian Federation is prepared:

the main managers of budgetary funds - concerning public contracts according to which state customers are the specified main managers of budgetary funds or receivers of budgetary funds subordinated to them;

the main managers of budgetary funds to whom as to receivers of budgetary funds limits of the budget obligations on the conclusion of agreements (agreements) are brought, - concerning subsidies (budget investments).

4. When implementing of the isolated bank maintenance of transaction with target means are performed on the account opened for the contractor under each contract (agreement) on delivery of goods (performance of works, rendering services) signed within execution of public contracts, contracts (agreements) signed with the receiver of subsidy (budget investments), fee (contribution) (further - contracts (agreements) which are subject to the isolated bank maintenance) in bank according to bank account agreement (further - the separate account).

5. In case of the isolated bank maintenance in public contracts, agreements (agreements), contracts (agreements) signed with the receiver of subsidy (budget investments), fee (contribution) within whose execution the isolated bank maintenance of target means is performed in addition to the provisions established by the Rules of the treasurer maintenance performed by the Federal Treasury, approved by the order of the Government of the Russian Federation of November 24, 2021 No. 2024 "About rules of treasurer maintenance" join the following conditions:

a) to include condition about obligation of the contractor on the public contract in conditions of the contracts (agreements) which are subject to the isolated bank maintenance, regulations on implementation of the calculations connected with obligation fulfillment under the contract (agreement) with use of the separate account signed by it;

b) to include condition about obligation of the contractor under the contract (agreement) signed with the receiver of subsidy (budget investments), fee (contribution) in conditions of the contracts (agreements) which are subject to the isolated bank maintenance, regulations on implementation of the calculations connected with obligation fulfillment under the contract (agreement) with use of the separate account signed by it;

c) condition about transfer of target funds for payment of contract obligations (agreements), subject to the isolated bank maintenance, concluded within execution of the public contract, from the personal account of the participant of treasurer maintenance opened in territorial authority of the Federal Treasury into the separate account opened for the contractor under the contract (agreement) after implementation by territorial authority of the Federal Treasury of authorization of transactions with target means of participants of treasurer maintenance according to the procedure established by the Ministry of Finance of the Russian Federation according to item 4 of Article 242.23 of the Budget code of the Russian Federation (further - procedure for authorization);

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