FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 2, 2013 No. 326-FZ

About introduction of amendments to the Russian Federation Code of Administrative Offences

Accepted by the State Duma of the Russian Federation on November 22, 2013

Approved by Council of the Russian Federation on November 27, 2013

Article 1

Bring in the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, No. 1, Art. 1; No. 18, Art. 1721; No. 30, Art. 3029; No. 44, Art. 4295, 4298; 2003, No. 27, Art. 2700, 2708, 2717; No. 46, Art. 4434, 4440; No. 50, Art. 4847, 4855; No. 52, Art. 5037; 2004, No. 30, Art. 3095; No. 31, Art. 3229; No. 34, Art. 3529, 3533; 2005, No. 1, Art. 9, 13, 37, 40, 45; No. 10, Art. 763; No. 13, Art. 1075, 1077; No. 19, Art. 1752; No. 27, Art. 2719, 2721; No. 30, Art. 3104, 3124, 3131; No. 50, Art. 5247; No. 52, Art. 5574, 5596; 2006, No. 1, Art. 4, 10; No. 2, Art. 172; No. 6, Art. 636; No. 10, Art. 1067; No. 12, Art. 1234; No. 17, Art. 1776; No. 18, Art. 1907; No. 19, Art. 2066; No. 23, Art. 2380; No. 28, Art. 2975; No. 30, Art. 3287; No. 31, Art. 3420, 3432, 3433, 3438, 3452; No. 45, Art. 4641; No. 50, Art. 5279, 5281; No. 52, Art. 5498; 2007, No. 1, Art. 21, 29, 33; No. 16, Art. 1825; No. 26, Art. 3089; No. 30, Art. 3755; No. 31, Art. 4007, 4008, 4009, 4015; No. 41, Art. 4845; No. 43, Art. 5084; No. 46, Art. 5553; No. 50, Art. 6246; 2008, No. 18, Art. 1941; No. 20, Art. 2251, 2259; No. 29, Art. 3418; No. 30, Art. 3604; No. 49, Art. 5745; No. 52, Art. 6227, 6235, 6236; 2009, No. 1, Art. 17; No. 7, Art. 777; No. 23, Art. 2759, 2776; No. 26, Art. 3120, 3122, 3132; No. 29, Art. 3597, 3599, 3635, 3642; No. 30, Art. 3735, 3739; No. 45, Art. 5265; No. 48, Art. 5711, 5724, 5755; No. 52, Art. 6406, 6412; 2010, No. 1, Art. 1; No. 11, Art. 1176; No. 15, Art. 1751; No. 19, Art. 2291; No. 21, Art. 2525, 2530; No. 23, Art. 2790; No. 25, Art. 3070; No. 27, Art. 3416; No. 28, Art. 3553; No. 30, Art. 4002, 4005, 4006, 4007; No. 31, Art. 4158, 4164, 4193, 4195, 4198, 4206, 4207, 4208; No. 32, Art. 4298; No. 41, Art. 5192, 5193; No. 49, Art. 6409; No. 50, Art. 6605; No. 52, Art. 6984, 6995; 2011, No. 1, Art. 10, 23, 54; No. 7, Art. 901, 905; No. 15, Art. 2039, 2041; No. 17, Art. 2310; No. 19, Art. 2715; No. 23, Art. 3260; No. 27, Art. 3873, 3881; No. 29, Art. 4290, 4291, 4298; No. 30, Art. 4573, 4584, 4585, 4590, 4598, 4600, 4601, 4605; No. 46, Art. 6406; No. 47, Art. 6601, 6602; No. 48, Art. 6728; No. 49, Art. 7025, 7042, 7061; No. 50, Art. 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, No. 6, Art. 621; No. 10, Art. 1166; No. 15, Art. 1723; No. 18, Art. 2126, 2128; No. 19, Art. 2278, 2281; No. 24, Art. 3068, 3069, 3082; No. 25, Art. 3268; No. 29, Art. 3996; No. 31, Art. 4320, 4322, 4329, 4330; No. 47, Art. 6402, 6403, 6404, 6405; No. 49, Art. 6752, 6757; No. 53, Art. 7577, 7602, 7640; 2013, No. 8, Art. 719; No. 14, Art. 1651, 1666; No. 19, Art. 2319, 2323, 2325; No. 23, Art. 2871, 2875; No. 26, Art. 3207, 3208; No. 27, Art. 3454, 3470, 3478; No. 30, Art. 4025, 4027, 4029, 4030, 4031, 4032, 4033, 4034, 4036, 4040, 4044, 4078, 4081, 4082; No. 31, Art. 4191; No. 40, Art. 5032; No. 43, Art. 5443, 5444, 5445, 5446, 5452; No. 44, Art. 5624, 5643) following changes:

The note to Article 2.4 after figures "14.24," to add 1) with figures "14.55,", after figures "15.31," to add with figures "15.37,";

Part 2 of Article 2.5 after figures "7.32," to add 2) with figures "7.32. 1,";

3) Article 7.29 to add with part 3 following of content:

"3. Acceptance by the official of the customer, the official of authorized body of the decision on order placement by carrying out closed tendering without approval of the executive body authorized on control in the field of order placement or decision making about order placement by carrying out closed tendering on the conditions other than the conditions approved with the executive body authorized on control in the field of order placement -

attracts imposing of administrative penalty on officials at the rate from thirty thousand to fifty thousand rubles.";

Chapter 7 to add 4) with Article 7.29.1 of the following content:

"Article 7.29.1. Violation of procedure for determination of the starting (maximum) price of the public contract according to the state defense order or the prices of the public contract in case of placement of the state defense order

1. Violation by the official of the state customer of procedure for determination of the starting (maximum) price of the public contract according to the state defense order in case of placement of the state defense order by tendering -

attracts imposing of administrative penalty on officials at the rate from thirty thousand to fifty thousand rubles.

2. Violation by the official of the state customer of procedure for determination of the price of the public contract in case of placement of the state defense order at the single supplier (the contractor, the contractor) -

attracts imposing of administrative penalty on officials at the rate from thirty thousand to fifty thousand rubles.";

Chapter 7 to add 5) with Article 7.29.2 of the following content:

"Article 7.29.2. Refusal or evasion of the single supplier (the contractor, the contractor) of the conclusion of the public contract according to the state defense order

Refusal or evasion of the supplier Russian arms and military equipment which have no Russian analogs, the single supplier (the contractor, the contractor) determined by legal acts of the Russian Federation and acts of the President of the Russian Federation, acts of the Government of the Russian Federation, or other organization holding dominant position in the goods market of products according to the state defense order from the conclusion of the public contract by the state defense order if the conclusion of such public contract is obligatory for specified persons, -

attracts imposing of administrative penalty on officials at the rate from thirty thousand to fifty thousand rubles; on legal entities - from three hundred thousand to one million rubles.";

Article 7.30 to add 6) with part 15 of the following content:

"15. Violation by the official of the customer, the official of authorized body of terms of order placement on deliveries of goods, performance of works, rendering the services in the state defense order established by the Government of the Russian Federation in accordance with the legislation of the Russian Federation about the state defense order -

attracts imposing of administrative penalty at the rate from thirty thousand to fifty thousand rubles.";

Chapter 7 to add 7) with Article 7.32.1 of the following content:

"Article 7.32.1. Violation of term and payment procedure of goods (works, services) for the state needs according to the state defense order

Violation by the official of the state customer of term and payment procedure of goods (works, services) for the state needs according to the state defense order, including non-execution of obligation on ensuring advancing, -

attracts imposing of administrative penalty at the rate from thirty thousand to fifty thousand rubles.";

To add Chapter 14 with Article 14.55 of the following content:

"Article 14.55. Violation of conditions of the public contract on the state defense order or terms of the contract concluded for the purpose of accomplishment of the state defense order

1. Violation by the official of the head contractor of the conditions of the public contract on the state defense order concerning quantity, quality, completeness of the delivered goods, quality of the performed works the rendered services, delivery dates of goods, performance of works, rendering services, or violation by the official of the contractor of the terms of the contract imprisoned for the purpose of accomplishment of the state defense order, concerning quantity, quality, completeness of the delivered goods, quality of the performed works the rendered services, delivery dates of goods, performance of works, rendering services, -

attracts imposing of administrative penalty at the rate from thirty thousand to fifty thousand rubles.

2. Violation by the official of the state customer of conditions of the public contract on the state defense order, except as specified, stipulated in Article 7.32.1 of this Code, -

attracts the prevention or imposing of administrative penalty at the rate from thirty thousand to fifty thousand rubles.

3. The gross violation of conditions of the public contract on the state defense order which is commited by person, specified in part 1 or 2 of this Article, -

attracts disqualification of the official for a period of up to three years.

Note. The concept of gross violation of conditions of the public contract on the state defense order is established by the Government of the Russian Federation.";

Chapter 15 to add 9) with Article 15.37 of the following content:

"Article 15.37. Gross violation of rules of conducting separate accounting of results of financial and economic activities

Gross violation by the head contractor or contractor of the state defense order of rules of conducting separate accounting of results of financial and economic activities -

attracts imposing of administrative penalty on officials at the rate from twenty thousand to fifty thousand rubles or disqualification for a period of up to three years; on legal entities - from three hundred thousand to five hundred thousand rubles.

Note. Gross violation of rules of conducting separate accounting of results of financial and economic activities is understood as misstatement of the amounts of the incurred expenses on 10 percent at least.";

10) Article 19.5 to add with part 7.1 following of content:

"7.1. Failure to carry out at the scheduled time of the legal instruction or the requirement of the federal executive body performing functions on control and supervision in the field of the state defense order, or its territorial authority -

attracts imposing of administrative penalty on officials at the rate from thirty thousand to fifty thousand rubles; on legal entities - from three hundred thousand to five hundred thousand rubles.";

11) in Article 23.1:

a) 1 after figures "14.51," to add part with words "part 3 of Article 14. 55,";

b) part 2 after words "parts 1 and 4 of Article 15." To add 35, with words "Article 15. 37,";

Part 1 of Article 23.66 after figures "7.29," to add 12) with figures "7.29. 1, 7.29. 2,";

Chapter 23 to add 13) with Article 23.82 of the following content:

"Article 23.82. The federal executive body performing functions on control and supervision in the field of the state defense order

1. The federal executive body performing functions on control and supervision in the field of the state defense order considers cases on administrative offenses, stipulated in Article 7.32. 1, parts 1 and 2 of Article 14. 55, Article 15. 37, part 7.1 of Article 19.5 of this Code.

2. Has the right consider cases on administrative offenses on behalf of the body specified regarding 1 this Article:

1) the head of the federal executive body performing functions on control and supervision in the field of the state defense order, his deputies;

2) heads of structural divisions of the federal executive body performing functions on control and supervision in the field of the state defense order;

3) heads of territorial authorities of the federal executive body performing functions on control and supervision in the field of the state defense order.";

Item 94 of part 2 of Article 28.3 after figures "14.49," to add 14) with words "part 3 of Article 14. 55, Article 15. 37,".

Article 2

1. This Federal Law becomes effective after ten days after day of its official publication, except for paragraphs of the seventh, eighth and ninth Item 8 of article 1 of this Federal Law.

2. Paragraphs the seventh, eighth and ninth Item 8 of article 1 of this Federal Law become effective since July 1, 2014.

 

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