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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 18, 2011 No. 223-FZ

About purchases of goods, works, services as separate types of legal entities

(as amended on 02-08-2019)

Accepted by the State Duma of the Russian Federation on July 8, 2011

Approved by Council of the Russian Federation on July 13, 2011

Article 1. The purposes of regulation of this Federal Law and the relation regulated by this Federal Law

1. The purposes of regulation of this Federal Law are ensuring unity of economic space, creation of conditions for timely and complete requirements satisfaction of the legal entities specified in part 2 of this Article (further - customers), in goods, works, services, including for the purposes of commercial use, with necessary indicators of the price, quality and reliability, effective use of money, expansion of opportunities of participation of legal entities and physical persons in purchase of goods, works, services (further also - purchase) for needs of customers and stimulation of such participation, development of fair competition, ensuring publicity and transparency of purchase, prevention of corruption and other abuses.

2. This Federal Law establishes the general principles of purchase of goods, works, services and the main requirements to purchase of goods, works, services:

1) the state corporations, state-owned companies, the public companies, subjects of natural monopolies, the organizations performing regulated types of activity in the field of electric utility service, gas supply, heat supply, water supply, water disposal, sewage treatment, processing, utilization, neutralization and burial of solid utility waste, autonomous organizations, and also economic societies in which authorized capital share of the Russian Federation, the subject of the Russian Federation, the municipality in total exceeds fifty percent;

2) affiliated economic societies in which authorized capital more than fifty percent of shares in total belong to the legal entities specified in Item 1 of this part;

3) affiliated economic societies in which authorized capital more than fifty percent of shares in total belong to the affiliated economic societies specified in Item 2 of this part.

4) budgetary institution in the presence of the legal act approved according to part 3 of article 2 of this Federal Law and the year placed before in unified information system in the field of purchases of goods, works, services for ensuring the state and municipal needs according to part 1 of article 4 of this Federal Law, when implementing of purchases by it:

a) at the expense of the means received as gift, including donation according to the will, the grants donated and irretrievable citizens and legal entities, including foreign citizens and foreign legal entities, and also the international organizations, subsidies (grants) provided on competitive basis from the relevant budgets of budget system of the Russian Federation if the conditions determined by grantors do not establish other;

b) as the contractor under the contract in case of attraction based on the agreement in course of execution of this contract of other persons for delivery of the goods, performance of work or rendering service necessary for execution of the obligations of this organization provided by the contract;

c) at the expense of the means received when implementing of other revenue-producing activities by it from physical persons, legal entities including within the core activities provided by its constituent document (except for the means received on rendering and payment of medical care on compulsory medical insurance);

5) the state unitary enterprises, municipal unitary enterprises in the presence of the legal act approved according to part 3 of article 2 of this Federal Law and the year placed before in unified information system in the field of purchases of goods, works, services for ensuring the state and municipal needs according to part 1 of article 4 of this Federal Law, when implementing purchases:

a) at the expense of the means received as gift, including donation (charitable gift) according to the will, the grants donated and irretrievable citizens and legal entities, including foreign citizens and foreign legal entities, and also the international organizations, subsidies (grants) provided on competitive basis from the relevant budgets of budget system of the Russian Federation if the conditions determined by grantors do not establish other;

b) as the contractor under the contract in case of attraction based on the agreement in course of execution of this contract of other persons for delivery of the goods, performance of work or rendering service necessary for execution of the obligations of this company provided by the contract, except as specified execution by the company of the contract signed according to Item 2 of part 1 of article 93 of the Federal Law of April 5, 2013 No. 44-FZ "About contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs";

c) without attraction of financial resources of the relevant budgets of budget system of the Russian Federation;

6) the federal state unitary enterprises having essential value for providing the rights and legitimate interests of citizens of the Russian Federation, defense capability and safety of the state which list affirms the Government of the Russian Federation in coordination with Administration of the President of the Russian Federation, except as specified implementation of purchases by such companies at the expense of the subsidies provided from the federal budget on implementation in the territory of the Russian Federation of capital investments in capital construction projects of state-owned property of the Russian Federation and (or) on acquisition in the territory of the Russian Federation of real estate units in state-owned property of the Russian Federation.

2.1. Operation of this Federal Law (except as specified, specified in part 5 of this Article) does not extend on legal entities in whose authorized capital share of the Russian Federation, the subject of the Russian Federation, the municipality in total does not exceed fifty percent, on their affiliated economic societies and affiliated economic societies of the last, namely on:

1) the subjects of natural monopolies, the organizations performing regulated types of activity in the field of electric utility service, gas supply, heat supply, water supply, water disposal, sewage treatment, processing, utilization, neutralization and burial of solid utility waste if the total sales according to such subjects, the organizations from the activities relating to field of activity of natural monopolies and from the specified types of activity constitute no more than ten percent of total amount of revenue respectively from all types of the activities performed by them for prior calendar year, information on which amount is placed in unified information system in the field of purchases of goods, works, services for ensuring the state and municipal needs (further - unified information system);

2) affiliated economic societies of subjects of natural monopolies, the organizations performing regulated types of activity in the field of electric utility service, gas supply, heat supply, water supply, water disposal, sewage treatment, processing, utilization, neutralization and burial of solid utility waste if revenue from purchase of goods, works, services by the main economic societies and their other affiliated economic societies constitutes no more than five percent of the amount of revenue for the last four quarters from all types of the activities performed by them, information on which amount is placed in unified information system;

3) affiliated economic societies of the affiliated economic societies specified in Item 2 of this part if revenue from purchase of goods, works, services by the main economic societies (including other affiliated economic societies of the main economic societies) the main economic societies of the specified affiliated economic societies constitutes no more than five percent of the amount of revenue for the last four quarters from all types of the activities performed by them, information on which amount is placed in unified information system.

3. The procedure for determination of cumulative share of the Russian Federation, the subject of the Russian Federation, the municipality specified in Items 1 and 2 of part 2 of this Article of legal entities in the authorized capital of economic societies the notification procedure of customers about change of cumulative share of such participation affirm the federal executive body authorized by the Government of the Russian Federation in coordination with the federal executive body performing functions on development of state policy and normative legal regulation in the field of purchases of goods, works, services for ensuring the state and municipal needs.

4. This Federal Law does not govern the relations connected with:

1) purchase and sale of securities, acquisition of shares in the authorized (share) capital of economic partnerships, societies and shares in share funds of production cooperatives, currency values, precious metals, and also the conclusion of the agreements which are derivative financial instruments (except for agreements which are signed out of the sphere of stock exchange trading and obligation fulfillment, under which provides deliveries of goods);

2) acquisition by the customer of exchange goods at commodity exchange according to the legislation on commodity exchanges and exchange trade;

3) implementation by the customer of purchases of goods, works, services according to the Federal Law of April 5, 2013 No. 44-FZ "About contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs";

4) purchase in the field of military and technical cooperation;

5) purchase of goods, works, services according to the international treaty of the Russian Federation if such agreement provides other procedure for determination of suppliers (contractors, contractors) such goods, works, services;

6) ceased to be valid according to the Federal Law of the Russian Federation of 06.12.2011 No. 401-FZ

7) implementation by the customer of selection of auditing organization for carrying out statutory audit of accounting (financial) records of the customer according to article 5 of the Federal Law of December 30, 2008 N 307-FZ "About auditor activities".

8) the conclusion and execution of the agreements in accordance with the legislation of the Russian Federation on power industry which are obligatory for participants of the market of the address of electrical energy and (or) capacity;

9) implementation by credit institution and the state corporation of development "ВЭБ.РФ" of leasing transactions and interbank transactions, including with foreign banks.

10) determination, election and activities of the representative of bondholders in accordance with the legislation of the Russian Federation about securities;

11) opening by the head contractor of deliveries of products according to the state defense order, the contractor participating in deliveries of products according to the state defense order in authorized bank of the separate account and the conclusion them with authorized bank of agreements on bank support of the accompanied transaction according to the Federal Law of December 29, 2012 No. 275-FZ "About the state defense order";

12) execution by the customer of the agreement signed with the foreign legal entity which subject are delivery of goods, performance of works, rendering services outside the Russian Federation;

13) implementation by the customer of purchases of goods, works, services at legal entities who are recognized persons, interdependent with it, according to the Tax Code of the Russian Federation and which list is determined by the legal acts provided by part 1 of article 2 of this Federal Law and regulating rules of purchases. In such legal acts reasons for inclusion in the specified list of each legal entity according to provisions of the Tax Code of the Russian Federation are specified;

14) purchase of goods, works, services by the legal entity registered in the territory of foreign state for the purpose of implementation of the activities in the territory of foreign state;

15) implementation by the customer of selection of the subject of estimative activities for carrying out in accordance with the legislation of the Russian Federation about estimative activities of assessment of objects of assessment for the purpose of determination of the amount of payment for the public servitude established according to the land legislation;

16) the joint investing activities performed based on the agreement of the investment partnership providing return to the companion of cost of its contribution to common property of companions (in cash).

5. Operation of this Federal Law regarding features of implementation of purchases, the stipulated in Article 3.1 presents of the Federal Law, extends to the legal entities realizing investment projects with the state support in the amount established by the Government of the Russian Federation which cost exceeds 500 million rubles, on condition of inclusion of such projects in the register of investment projects. For the purposes of this Federal Law the procurements conducted by the specified legal entities are understood as the conclusion at the expense of means of such investment projects of the agreements to deliver goods corresponding to the criteria approved by the Government of the Russian Federation based on Item 2 of part 6 of article 3.1 of this Federal Law, and (or) agreements on performance of works, rendering services, lease agreements (including agreements of chartering and finance lease) which conditions provide use of these goods.

Article 2. Legal basis of purchase of goods, works, services

1. When purchasing goods, works, services customers are guided by the Constitution of the Russian Federation, the Civil code of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation and also accepted according to them and approved taking into account provisions of part 3 of this Article by the legal acts regulating rules of purchase (further - regulations on purchase).

2. The regulations on purchase are the document which regulates purchasing activity of the customer and shall contain requirements to purchase, including procedure for preparation and implementation of purchases by the methods specified in parts 3.1 and 3.2 of article 3 of this Federal Law, procedure and conditions of their application, procedure for the conclusion and execution of agreements, and also other purchases of provision connected with providing.

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