ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 21, 2023 No. 438

About measures for implementation of the Presidential decree of the Russian Federation of March 3, 2023 No. 139

The government of the Russian Federation decides:

1. In pursuance of the subitem "v" of item 4 of the Presidential decree of the Russian Federation of March 3, 2023 No. 139 "About some questions of implementation of activities of the economic societies participating in accomplishment of the state defense order" to approve the enclosed Rules of suspension of the rights of participants (shareholders) of the economic societies participating in accomplishment of the state defense order, and powers of their governing bodies.

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

Approved by the Order of the Government of the Russian Federation of March 21, 2023 No. 438

Rules of suspension of the rights of participants (shareholders) of the economic societies participating in accomplishment of the state defense order, and powers of their governing bodies

1. These rules are established for action in the territory of the Russian Federation of warlike situation:

a) procedure for suspension of the rights of participants (shareholders) for the economic society participating in accomplishment of the state defense order (further - economic society), and powers of its governing bodies;

b) procedure for determination of management company which will perform powers of sole executive body of economic society (further - management company).

2. These rules are applied to the economic societies which are:

head contractors of deliveries of products (performance of works, rendering services) according to the state defense order or the contractors participating in deliveries of products (performance of works, rendering services) in the state defense order;

the business entities included in accordance with the established procedure in the register of the single suppliers (contractors, contractors);

the business entities who are producers of products according to the state defense order which use, and (or) its components, and (or) components in case of accomplishment of the state defense order is provided by design or other documentation or requirements of the state customer.

These rules do not extend to the economic societies which are under direct or indirect control of the Russian Federation, subjects of the Russian Federation, municipalities, the state corporations, state-owned companies and the public companies.

3. Suspension of the rights of participants (shareholders) of economic societies and powers of their governing bodies is performed for the purpose of operational and uninterrupted ensuring execution of the state program of arms, the state defense order, the state mobilization task, state programs of the Russian Federation, federal target and special programs, the public contracts signed for the purpose of ensuring defense of the country and safety of the state.

4. The basis for suspension of the rights of participants (shareholders) of economic society and powers of its bodies is violation of the obligations by such economic society according to the public contract (contract), including rejection of measures for ensuring deliveries of products (performance of works, rendering services) according to the state defense order.

Under violation of the obligations by economic society according to the public contract (contract), including rejection of measures for ensuring deliveries of products (performance of works, rendering services) according to the state defense order, for the purposes of application of these rules are recognized:

numerous (2 or more within one year) or long (more than 30 days) violation of completion dates of obligations by economic society according to the public contract (contract);

the discrepancy of goods quality, works, services revealed by the customer, the head contractor (contractor), according to delivered, carried out, rendered according to the state defense order;

rejection of measures for ensuring deliveries of products (performance of works, rendering services) according to the state defense order in the presence of good causes to believe that it will lead to the effects specified in paragraphs three and (or) the fourth this Item;

establishment of direct or indirect control over economic societies from the foreign persons connected with foreign states which make concerning the Russian Federation, the Russian legal entities and physical persons unfriendly actions;

refusal or evasion of the conclusion of the public contract (contract) if its conclusion is necessary for implementation of the state defense order in accordance with the legislation of the Russian Federation.

The circumstances provided by this Item can form the basis for suspension of the rights of participants (shareholders) of economic society and powers of its governing bodies provided that they took place during action in the territory of the Russian Federation or in its certain areas of warlike situation.

5. The Ministry of Industry and Trade of the Russian Federation submits working group under board of the Military-industrial commission of the Russian Federation concerning activities of the economic societies participating in accomplishment of the state defense order during action of warlike situation (further - working group) the reasoned statement with the offer on suspension of the rights of participants (shareholders) of economic society and powers of its governing bodies and on determination of management company.

The documents confirming availability of the circumstances specified in item 4 of these rules are enclosed to the application. At the same time confirmation of such circumstances court resolutions is not obligatory.

In case of change of the data containing in the statement before acceptance by the working group of the decision specified in Item 6 of these rules, the Ministry of Industry and Trade of the Russian Federation informs on it working group in writing within 3 days from the date of when it became known of such changes.

6. The working group makes the decision on approval or on refusal in approval of the offer containing in the statement of the Ministry of Industry and Trade of the Russian Federation.

7. In case of approval by the working group of the offer specified in Item 5 of these rules, the Ministry of Industry and Trade of the Russian Federation publishes regulatory legal act about suspension of the rights of participants (shareholders) of economic society and powers of its governing bodies and about determination of management company.

The regulatory legal act provided by paragraph one of this Item shall including include the following data:

name, primary state registration number and location of economic society;

name, primary state registration number and location of management company;

amount of remuneration of management company, sources and procedure for its payment.

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