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FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 29, 2012 No. 275-FZ

About the state defense order

(as amended on 31-07-2020)

Accepted by the State Duma on December 19, 2012

Approved by the Federation Council on December 26, 2012

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

This Federal Law establishes the legal basis of state regulation of the relations connected with forming, features of placement, accomplishment of the state defense order and the state control (supervision) in the field of the state defense order, determines the basic principles and methods of state regulation of goods prices, works, services (further also - products) by the state defense order.

Article 2. Legal regulation of the relations in the field of the state defense order

1. Legal regulation of the relations in the field of the state defense order is based on the Constitution of the Russian Federation and is performed according to the Budget code of the Russian Federation, the Civil code of the Russian Federation, this Federal Law, the Federal Laws in the field of defense and safety of the Russian Federation, deliveries of products for ensuring federal needs, the legislation of the Russian Federation on contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs, and also other regulatory legal acts of the Russian Federation accepted according to them.

2. The provisions of the Federal Laws and other regulatory legal acts of the Russian Federation concerning subject of regulation of this Federal Law are applied in the part which is not contradicting this Federal Law.

3. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty.

Article 3. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) the state defense order - the Governments of the Russian Federation established by regulatory legal act of task for deliveries of goods, performance of works, rendering services for federal needs for the purpose of ensuring defense and safety of the Russian Federation, and also delivery of products in the field of military and technical cooperation of the Russian Federation with foreign states according to the international obligations of the Russian Federation;

2) the state customer of the state defense order (further - the state customer) - the federal executive body, State Atomic Energy Corporation "Rosatom" or the State corporation on space activities Roskosmos providing deliveries of products according to the state defense order;

3) the head contractor of deliveries of products according to the state defense order (further - the head contractor) - the legal entity created in accordance with the legislation of the Russian Federation and who signed with the state customer the public contract according to the state defense order;

4) the contractor participating in deliveries of products according to the state defense order (further - the contractor), - the person which is entering cooperation of the head contractor and signed the contract with the head contractor or the contractor;

4. 1) cooperation of the head contractor (further - cooperation) - set of the persons interacting among themselves participating in deliveries of products according to the state defense order within the accompanied transactions. Enter cooperation the head contractor signing the public contract with the state customer, the contractors signing contracts with the head contractor and the contractors signing contracts with contractors;

4. 2) authorized bank - the bank specified in this Federal Law as basic bank for defense industry complex or determined by the Government of the Russian Federation according to this Federal Law;

4. 3) basic bank for defense industry complex - the Promsvyazbank public joint stock company which is authorized bank which 100 percent of voting shares are in property of the Russian Federation. Sale and different ways of alienation of the specified shares, and also their transfer to pledge and trust management is not allowed;

5) the main indicators of the state defense order - the financial provision of the state defense order approved by the Federal Law on the federal budget for the next financial year and planning period;

6) the public contract according to the state defense order (further - the public contract) - the agreement signed by the state customer on behalf of the Russian Federation with the head contractor on deliveries of products according to the state defense order and providing obligations of the parties, their responsibility;

7) the contract - the agreement signed in writing by the head contractor with the contractor or between contractors on deliveries of products necessary for the head contractor, the contractor for accomplishment of the state defense order, and providing including obligations of the parties and their responsibility;

8) the accompanied transaction - the public contract and all contracts signed for the purpose of its execution between persons entering cooperation;

9) payment under the state defense order - any payment under the state defense order within the accompanied transactions between the state customers, head contractors, contractors with participation of authorized banks;

10) the separate account - the account opened for the head contractor, the contractor in authorized bank for implementation of payment under the state defense order in accordance with the terms of the public contract, each contract, and also used for making of the transaction permitted according to Item 16 of article 8.4 of this Federal Law after exception of such bank of category of authorized banks;

11) bank support of the accompanied transaction (further - bank maintenance) - providing with authorized bank according to the procedure, the established this Federal Law, and also the agreement on bank maintenance signed with the head contractor, the contractor entering cooperation:

a) monitoring of calculations, including the control of orders about the money transfer (further - orders) performed according to the procedure, established by this Federal Law and other regulatory legal acts of the Russian Federation accepted according to it, and also regulations of the Central bank of the Russian Federation (further - the Bank of Russia), for the purpose of execution of the accompanied transaction with use of the separate account opened in authorized bank;

b) transfers to federal body in the field of defense of data on payment under the state defense order and about participants of such calculations, including the documents which are the basis for payment implementation;

c) provisions according to this Federal Law of information concerning transactions on the separate account;

d) making of other actions provided by this Federal Law and other regulatory legal acts of the Russian Federation accepted according to it, and also regulations of the Bank of Russia;

12) body of financial monitoring - the federal executive body taking measures for counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction;

13) the identifier of the public contract - the unique number assigned to the specific public contract and which is subject to specifying in all contracts, and also at the orders constituted by the state customers, head contractors and contractors when implementing payment under the state defense order within the accompanied transaction;

14) the unified information system containing information on payment under the state defense order (further - unified information system of the state defense order), - set of information on payment under the state defense order, other information provided by this Federal Law and the information technologies and technical means providing its processing. Access for persons to information containing in unified information system of the state defense order, storage, processing, provision and use of such information are performed with observance of requirements of the legislation of the Russian Federation on the state secret;

15) federal body in the field of defense - the federal executive body performing functions on development and realization of state policy, normative legal regulation in the field of defense, authorized on maintaining and maintenance of unified information system of the state defense order;

16) monitoring body - the federal executive body performing functions on the state control (supervision) in the field of the state defense order;

17) products with long production cycle of production - products which duration of production cycle of production according to technology of its production constitutes more than six months. Procedure for reference of products to products with long production cycle of production and procedure for issue of the document confirming duration of production cycle of production of products are established by the federal executive body performing functions on development of state policy and normative legal regulation in the field of industrial and defense and industrial complexes, State Atomic Energy Corporation "Rosatom", the State corporation on space activities Roskosmos according to their competence.

Chapter 2. Forming, approval and placement of the state defense order

Article 4. Forming of the state defense order

1. Basis for forming of the state defense order are:

1) military doctrine of the Russian Federation;

2) construction plans and developments of the Armed Forces of the Russian Federation, other troops, military forming and bodies;

3) state program of arms;

4) long-term (federal) target programs in the field of defense and safety of the Russian Federation;

5) mobilization plan of economy of the Russian Federation;

6) programs and plans of military and technical cooperation of the Russian Federation with foreign states according to international treaties of the Russian Federation;

7) decisions of the President of the Russian Federation and the decision of the Government of the Russian Federation in the field of defense and safety of the Russian Federation.

2. The state defense order can be included:

1) research and development works on creation, upgrade of arms, the military and special equipment, and also the utilization and destruction taken out of service of arms, the military and special equipment;

2) research and development works on development of research, design and production and technological base of the organizations for the purpose of ensuring accomplishment of the state defense order, and also increase in mobilization preparation of economy of the Russian Federation;

3) deliveries of arms, military and special equipment, and also raw materials, materials and components;

4) deliveries of military property, food and nonfoods;

5) repair, upgrade of arms, the military and special equipment, their field service, and also utilization taken out of service of arms, the military and special equipment;

6) works on destruction of chemical weapon;

7) works on construction, reconstruction, modernization of the objects intended for the needs of ensuring defense and safety of the Russian Federation, including for utilization taken out of service of arms, the military and special equipment;

8) works on mobilization preparation of economy of the Russian Federation;

9) deliveries of products in the field of military and technical cooperation of the Russian Federation with foreign states according to the international obligations of the Russian Federation;

10) deliveries of products for accumulating of material values of the state material reserve;

11) other deliveries of products determined according to part of 1 this Article for the purpose of ensuring defense and safety of the Russian Federation.

3. The state defense order is created proceeding from the main indicators of the state defense order.

4. Offers on the main indicators of the state defense order are developed in case of creation of the draft of the federal budget for the next financial year and planning period according to proposals of the state customers.

5. Structure, rules of development of the state defense order and its main indicators are determined according to the procedure, established by the Government of the Russian Federation.

Article 5. Approval of the state defense order

1. The government of the Russian Federation approves the state defense order and actions for its accomplishment after signing by the President of the Russian Federation of the Federal Law on the federal budget for the next financial year and planning period in a month.

2. In case of approval of the state defense order the Government of the Russian Federation approves the state customers.

3. The state defense order can be specified within the main indicators of the state defense order taking into account results of its placement and proceeding from the course of its accomplishment, and also in case of introduction in the current financial year of changes into the Federal Law on the federal budget the current financial year and planning period.

4. The procedure for refining of the state defense order is established by the Government of the Russian Federation in case of its approval.

Article 6. Placement of the state defense order

1. Placement of the state defense order is performed according to the procedure, established by the legislation of the Russian Federation on contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs, taking into account the features provided by this Federal Law.

1.1. Purchases according to the state defense order regarding orders for creation, upgrade, deliveries, repair, field service and utilization of arms, the military and special equipment are not considered during the forming, approval and maintaining procurement plans and scheduled plans of purchases, stipulated by the legislation the Russian Federation about contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs.

2. In case of placement of the state defense order by use of competitive methods of determination of suppliers (contractors, contractors) on creation, upgrade, deliveries, repair, field service and utilization of arms, the military and special equipment the state customer has the right not to establish the requirement of ensuring execution of the public contract if it establishes the requirements to participants of placement of the state defense order determined by the Government of the Russian Federation about availability at them the corresponding production capacities, processing equipment, financial and manpower for execution of the public contract.

2.1. In case of placement of the state defense order on creation, upgrade, deliveries, repair, field service and utilization of arms, the military and special equipment, carrier rockets, accelerating blocks and spacecrafts (ships) ensuring execution of the public contract concerning which bank maintenance will be performed is not required.

3. In case of placement of the state defense order on deliveries of arms, the military and special equipment, military property taken advantage, supply to operation, the tender documentation, the auction documentation, documentation on carrying out request for proposals shall contain specifying on names or trademarks such arms, the military and special equipment, military property.

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