ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 31, 2022 No. 2559

About measures for providing the mode of warlike situation and about features of planning and implementation of purchases for ensuring the state needs of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, the Kherson region and municipal needs of the municipalities which are in their territories and about introduction of amendments to some acts of the Government of the Russian Federation

According to the subitem 3 of Item 1 of article 13 of the Federal constitutional Law "About Warlike Situation", part 73 of article 112 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" Government of the Russian Federation decides:

1. Determine that for the purpose of ensuring defense and safety of the Russian Federation during action of warlike situation:

a) customers have the right to conduct procurement of goods, works, services for ensuring the state and municipal needs for the purpose of implementation of activities in the territories in which martial law, at the single supplier (the contractor, the contractor) is imposed;

b) concerning the contracts signed when implementing the purchases provided by the subitem "an" of this Item:

the provisions 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 Federal Law) concerning the procurements conducted according to Item 9 of part 1 of article 93 of the Federal Law, except for provisions of part 2 of article 93 of the Federal Law are applied;

customers have the right not to establish the requirement of ensuring execution of the specified contract, providing warranty obligations, except for case if the specified contract provides advance payment and calculations regarding advance payment are not subject to treasurer maintenance;

the specified contract can be signed in any form provided by the Civil code of the Russian Federation for transactions. In this case customers have the right not to apply to such contract of the requirement of parts 4 - 9 and 11 - 13 articles 34 of the Federal Law.

2. Determine that the customers conducting in 2023 procurement of goods, works, services for ensuring the state needs of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, the Kherson region and municipal needs of the municipalities which are in their territories have the right:

a) not be guided by provisions of Articles 19, of 20, of 30, of parts 2 - 4 Articles 31, of part 6 of Article 38 and part 5 of article 39 of the Federal Law;

b) conduct such procurements according to Item 1 of this resolution.

3. Approve the enclosed changes which are made to acts of the Government of the Russian Federation concerning implementation of purchases of goods, works, services for ensuring the state and municipal needs.

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

Approved by the Order of the Government of the Russian Federation of December 31, 2022 No. 2559

Changes which are made to acts of the Government of the Russian Federation concerning implementation of purchases of goods, works, services for ensuring the state and municipal needs

1. The resolution of the Russian Federation of September 30, 2019 No. 1279 "About scheduled plans of purchases and about recognition voided separate decisions of the Government of the Russian Federation" (The Russian Federation Code, 2019, No. 41, Art. 5713; No. 50, the Art. 8544) to add 2021, with Item 6 of the following content:

"6. Determine that in case of procurement planning, provided by the subitem "an" of Item 1 of the order of the Government of the Russian Federation of December 31, 2022 No. 2559 "About measures for providing the mode of warlike situation and about features of planning and implementation of purchases for ensuring the state needs of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, the Kherson region and municipal needs of the municipalities which are in their territories and about introduction of amendments to some acts of the Government of the Russian Federation":

a) information on such purchases joins in the scheduled plans of purchases created in electronic form and placed in unified information system;

b) modification of the schedule of purchases when implementing such purchases is performed no later than day of the conclusion of the contract;

c) information on such purchases included in scheduled plans of purchases is not posted on the official site;

d) in case of lack of possibility of forming of information and documents in unified information system in connection with violation of functioning of communications and communications the customer no later than 5 working days following behind day of emergence of such opportunity makes changes to the schedule of purchases for reduction it in compliance in connection with the conclusion in absence period of such possibility of contracts by results of such purchases.".

2. The subitem "zh" of Item 3 of the order of the Government of the Russian Federation of April 30, 2020 No. 616 "About establishment of prohibition on the admission of the manufactured goods coming from foreign states, for the purposes of implementation of purchases for the state and municipal needs, and also manufactured goods coming from foreign states, works (services) performed (rendered) by foreign persons, for the purposes of implementation of purchases for needs of defense of the country and safety of the state" (The Russian Federation Code 2020, No. 19, of Art. 2993; 2021, No. 48, Art. 8070; No. 41, the Art. 7078) to add 2022, with words ", implementation of activities in the territory in which martial law is imposed".

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