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Ministry of Justice

Russian Federation

On February 1, 2008 No. 11073

ORDER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of December 26, 2007 No. 152n

About approval of the Procedure for deduction of the means which are subject to return to the federal budget

(as amended on 14-10-2016)

In pursuance of Item 2 of Article 93.4 of the Budget code of the Russian Federation (Russian Federation Code, 1998, N 31, Art. 3823; 2007, N 18, Art. 2117; 5424) I order to N 45, of the Art.:

1. Approve the enclosed Procedure for deduction of the means which are subject to return to the federal budget.

 

The Deputy Prime Minister of Russia is the Minister of Finance of the Russian Federation

A. Kudrin

Approved by the Order of the Ministry of Finance of the Russian Federation of December 26, 2007, No. 152n

Procedure for deduction of the means which are subject to return to the federal budget

This Procedure is developed in pursuance of Item 2 of Article 93.4 of the Budget code of the Russian Federation and establishes rules and conditions of application to subjects of the Russian Federation and municipalities (further - debtors) the enforcement measures provided by the paragraph the second Item 2 of Article 93.4 of the Budget code of the Russian Federation for violation of terms of return and/or use not on purpose of the means provided to debtors from the federal budget on returnable basis and also for violation of completion dates of obligations on the state (municipal) guarantees and guarantees provided to the Russian Federation.

1. In case of violation of terms of return and/or use not on purpose of the means provided to debtors from the federal budget on returnable basis and also in case of violation of completion dates of obligations on the state (municipal) guarantees and guarantees, the amounts of means which are subject to return (transfer, collection) to the federal budget keep for the income account, the debtors who are subject to transfer in budgets, according to this Procedure.

The specified enforcement measures are applied to debtors regardless of availability or lack of relevant provisions in the agreement (agreement) signed with the debtor.

2. Decisions on application concerning debtors of the enforcement measures provided by this Procedure are accepted by the Ministry of Finance of the Russian Federation (further - the Ministry) and are drawn up in the form of orders of the Ministry.

3. For the purpose of deduction from the debtor of the debt which arose in connection with violation of terms of return of the means provided from the federal budget on returnable basis or completion dates of obligations on the state (municipal) guarantee or the guarantee (the daleezadolzhennost 1), is performed preparation of the draft of the order of the Ministry on collection from the debtor of debt 1 according to the appendix N 1 to this Procedure (further - the Order 1).

If taking measures to return of debt 1 is performed with participation of the agent of the Government of the Russian Federation as which ensuring return of debt on monetary commitments to the Russian Federation and representation of interests of the Russian Federation in courts enter (further - the agent), preparation of drafts of the Order 1 is performed by the department of the Ministry supervising questions of ensuring accounting and return of this type of debt of the debtor (further - the supervising department), by results of consideration of information on the state of affairs on return (collection) of overdue debt of the debtor obtained from the agent by it, in a month, in the absence of opportunity and/or inefficiency of application to the debtor of the measures for recovery by enforcement of debt provided by the arbitral and procedural legislation of the Russian Federation and the legislation on enforcement proceeding and also in the presence of threat of loss of rights to claim against the debtor and/or loss of possibility of collection of its debt.

If taking measures to collection (return) of debt 1 is performed without participation of the agent, preparation of drafts of the Order 1 is performed by the supervising department within three months from the date of origin at the debtor of overdue debt.

In case of the appeal of the debtor to the Ministry with the offer on settlement of the debt which arose in connection with violation of terms of return of the means provided from the federal budget on returnable basis or completion dates of obligations on the state (municipal) guarantee, the methods provided by the Budget code of the Russian Federation, the laws on the federal budget the current financial year, preparation of the decision on application for the debtor of enforcement measures for violation of completion dates of the specified obligations stops for consideration of this address, except as specified threats of loss of rights to claim against the debtor and (or) losses of possibility of collection of its debt.

4. For the purpose of deduction from the debtor of the debt which arose in connection with use not on purpose of the means provided from the federal budget on returnable basis (further - the debt 2), is performed preparation of the draft of the order of the Ministry on collection from the debtor of debt 2 according to the appendix N 2 to this Procedure (further - the Order 2).

Paragraph two of ceased to be valid according to the Order of the Ministry of Finance of the Russian Federation of 11.08.2014 No. 74n

5. The drafts of the orders of the Ministry provided by this Procedure prepared by the supervising department shall be approved by Administrative department, Department of the interbudget relations, Legal department in the terms specified by the supervising department.

6. The term of coordination of drafts of the orders of the Ministry provided by this Procedure is established by the supervising department proceeding from need of their acceptance and execution before the events doing application of the enforcement measures provided by this Procedure, unreasonable or illegal and cannot exceed the term of coordination of orders of the Ministry established by the Regulations of the Ministry of Finance of the Russian Federation approved by the order of the Ministry of Finance of the Russian Federation of June 15, 2012 No. 82n (registration No. 24894 is registered in the Ministry of Justice of the Russian Federation on July 12, 2012; Bulletin of regulations of federal executive bodies, 2012, No. 51) *.

The structural divisions of the Ministry participating in coordination of the draft of the order and offering various editions of its provisions shall develop mutually acceptable edition no later than the day following behind day of identification of disagreements.

7. The explanatory note of the supervising department containing reasons for application to the debtor of enforcement measures is attached to drafts of the orders of the Ministry provided by this Procedure.

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