Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 9, 2022 No. 1397

About the independent guarantees provided as tender security on participation in competitive purchase of goods, works, services electronically with participation of subjects of small and medium business and the independent guarantees provided as ensuring the agreement performance concluded by results of such purchase and also about introduction of amendments to some acts of the Government of the Russian Federation

The government of the Russian Federation decides:

1. Approve enclosed:

Regulations on the independent guarantees provided as tender security on participation in competitive purchase of goods, works, services electronically with participation of subjects of small and medium business and the independent guarantees provided as ensuring the agreement performance concluded by results of such purchase;

changes which are made to acts of the Government of the Russian Federation.

2. Determine that the Provision approved by this resolution is applied when implementing purchases of goods, works, services by separate types of legal entities, notices on which implementation are placed in unified information system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs after day of entry into force of this resolution.

3. This resolution becomes effective since October 1, 2022, except for:

paragraphs of the first and second subitem "a", subitems "b" and "v" of Item 1 and Item of 3 changes approved by this resolution which become effective from the date of official publication of this resolution;

The provision approved by this resolution which becomes effective since April 1, 2023.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of August 9, 2022 No. 1397

Regulations on the independent guarantees provided as tender security on participation in competitive purchase of goods, works, services electronically with participation of subjects of small and medium business and the independent guarantees provided as ensuring the agreement performance concluded by results of such purchase

I. General provisions

1. This Provision establishes additional requirements to the independent guarantee provided as tender security on participation in competitive purchase of goods, works, services electronically with participation of subjects of small and medium business (further respectively - purchase, the procurement participant), and to the independent guarantee provided as ensuring the agreement performance concluded when implementing purchase (further - independent guarantees), standard form of the independent guarantee provided as tender security on participation in competitive purchase with participation of subjects of small and medium business, standard form of the independent guarantee provided as ensuring the agreement performance concluded when implementing purchase (further - the agreement), the list of the documents submitted by the customer to the guarantor along with the requirement about payment of sum of money for independent guarantee, form of such requirement and also features of procedure for maintaining the register of independent guarantees provided by part 8 of article 45 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" (further - the Law on contractual system), for the purposes of the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" (further - the Law on purchases).

2. The concepts used in this Provision correspond to the concepts accepted in the Law on purchases.

II. Additional requirements to independent guarantee, standard forms of independent guarantees, form of the requirement about payment of sum of money for independent guarantee

3. The independent guarantee is issued to the procurement participant in writing on paper or in electronic form, the signed strengthened qualified digital signature of person having the right to act on behalf of the guarantor.

4. In case of issue of independent guarantee in writing on paper such guarantee shall be signed by person having the right to act on behalf of the guarantor, and all sheets of such guarantee shall be stitched and numbered.

5. The independent guarantee provided as tender security on participation in purchase shall be constituted in standard form according to appendix No. 1 on the conditions determined by the civil legislation and the Law on purchases and to contain the following additional requirements:

a) conditions about the following rights of the customer (beneficiary):

show before the termination of effective period of independent guarantee in case of the approach of the cases provided by part 17 of article 3.4 of the Law on purchases, the requirement about payment of sum of money for such independent guarantee constituted in form according to appendix No. 2 in the amount of tender security on participation in purchase, established in the notice on purchase implementation;

direct the requirement about payment of sum of money for independent guarantee in writing on paper or in electronic form, the signed strengthened qualified digital signature of person having the right to act on behalf of the customer (beneficiary). The choice of form of the direction of such requirement is performed by the customer (beneficiary) independently. In case of the direction of the requirement about payment of sum of money for independent guarantee originals of the documents specified in Item 8 of this provision or their copies certified by the customer (beneficiary) are on paper represented. If the copy of the document is certified by person which is not specified in the Unified State Register of Legal Entities as person having the right without power of attorney to act on behalf of the beneficiary also the document confirming powers of such person on implementation of actions on behalf of the customer (beneficiary) is submitted. In case of the direction of the requirement about payment of sum of money for independent guarantee in electronic form the documents provided by the list specified in Item 8 of this provision are represented in the form of electronic documents or in the form of electronic images of the paper documents signed by the strengthened qualified digital signature of person having the right to act on behalf of the customer (beneficiary);

transfer right to claim on independent guarantee in case of change of the customer when implementing purchase with the preliminary notice on it of the guarantor;

b) condition about obligation of the guarantor to consider the requirement of the customer (beneficiary) about payment of sum of money for independent guarantee no later than 5 working days from the date of following behind day of receipt of such requirement and the documents provided by the list specified in Item 8 of this provision;

c) condition that the expenses arising in connection with transfer by the guarantor of money on independent guarantee are born by the guarantor;

d) condition that the exception of bank (if the independent guarantee is issued by bank) of the list provided by part 1.2 of article 45 of the Law on contractual system, fund of assistance to crediting (guarantee fund, fund of guarantees) being the participant of national warranty system of support of the small and medium business provided by the Federal Law "About Development of Small and Medium Business in the Russian Federation" (if the independent guarantee is issued by such fund), from the list provided by part 1.7 of the specified Article does not terminate independent guarantee and does not exempt the guarantor from liability for non-execution or improper execution of its conditions;

e) condition about consideration of the disputes arising in connection with obligation fulfillment on independent guarantee in Arbitration Court;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.