ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 15, 2014 No. 444

About approval of Rules of approval by the state customer of possibility of liquidation or reshaping of the production capacities providing deliveries of products according to the state defense order, and indemnification, caused to the head contractor owing to non-use according to the decision of the state customer of the specified production capacities

According to part 4 of article 8 of the Federal law "About the State Defense Order" Government of the Russian Federation decides:

Approve the enclosed Rules of approval by the state customer of possibility of liquidation or reshaping of the production capacities providing deliveries of products according to the state defense order, and the indemnification caused to the head contractor owing to non-use according to the decision of the state customer of the specified production capacities.

Approved by the Order of the Government of the Russian Federation of May 15, 2014 No. 444

Rules of approval by the state customer of possibility of liquidation or reshaping of the production capacities providing deliveries of products according to the state defense order, and the indemnification caused to the head contractor owing to non-use according to the decision of the state customer of the specified production capacities

1. These rules establish procedure for approval by the state customer of the state defense order (further - the state customer) possibilities of liquidation or reshaping by the head contractor of deliveries of products according to the state defense order signing with the state customer the public contract according to the state defense order (further - the head contractor), the production capacities providing deliveries of products according to the state defense order (further respectively - production capacities, deliveries of products), and indemnification, production capacities caused to the head contractor owing to non-use according to the decision of the state customer in case of the termination of deliveries of products for the next year and planning period.

2. In case of the termination of deliveries of products for the next year and planning period the state customer within 3 months after approval of the state defense order for the next year and planning period sends to the head contractor the notification on the planned period of renewal of deliveries of products.

3. In case of receipt of the adequate notice the head contractor after 6 months after approval of the state defense order for the next year and planning period has the right to address the state customer with the offer on approval of possibility of liquidation or reshaping of production capacities.

4. The head contractor offering approval of possibility of liquidation or reshaping of production capacities sends to the state customer the appeal with appendix of the following documents:

a) the copy of articles of organization - the head contractor, certified in accordance with the established procedure;

b) the copy of the extract from the Unified State Register of Legal Entities certified in accordance with the established procedure (in case of non-presentation by the head contractor of such document the state customer requests it independently);

c) the description assumed to liquidation or reshaping of production capacities with the item-by-item list, and also with the nomenclature of products made on them;

d) approval of possibility of liquidation or reshaping of production capacities of the organization - the head contractor with the federal executive body, State Atomic Energy Corporation "Rosatom" or the State corporation on space activities Roskosmos providing realization of single state policy in industry of economy in which these organizations perform activities (further - industry body) and with the federal executive body or the organization performing powers of the owner of property of the organization - the head contractor.

5. In case of lack of the documents specified in item 4 of these rules, the state customer suggests the head contractor to submit missing documents within 10 working days.

In case of non-presentation by the head contractor of such documents at the scheduled time the state customer returns the address, stipulated in Item 4 these rules (further - the address of the head contractor), with indication of return reasons.

6. If production capacities of the head contractor provide deliveries of products of one type for 2 and more state customers, the appeal of the head contractor is sent to the state customer signing the public contract on delivery of products in the greatest number.

7. The state customer considers the address of the head contractor within 30 calendar days with participation of industry body, in view of measures state the supports given to the head contractor and its participation in implementation of the investment projects financed by means of the federal budget and by results of consideration agrees on possibility of liquidation or reshaping of production capacities or refuses this approval of the corresponding reasons and sends the notification on it to the head contractor.

8. The state customer has the right to refuse approval of possibility of liquidation or reshaping of production capacities only if renewal of deliveries of products is planned and by results of consideration of the address of the head contractor the state customer together with industry body and the head contractor developed and approved the actions plan on ensuring utilization of capacity before renewal of deliveries of products.

9. The copy of the notification specified in Item 7 of the these rules, with application of copies which arrived from the head contractor according to item 4 of these rules of documents (in case of refusal in approval also the copy of the approved actions plan is attached) goes to the Ministry of Defence of the Russian Federation, the Ministry of Economic Development of the Russian Federation, the Ministry of Finance of the Russian Federation and to industry body.

10. Approval of possibility of liquidation or reshaping of production capacities of the state customer is performed taking into account requirements of the legislation of the Russian Federation about the state secret.

11. If despite implementation of the actions plan, stipulated in Item 8 these rules, at the head contractor to whom by the state customer it is refused approval of possibility of liquidation or reshaping of production capacities the losses connected with maintenance of technical readiness and incomplete utilization of capacity are formed, the head contractor has the right to address to industry body for preparation of the conclusion concerning compensation of the caused losses.

The industry body performs preparation of the specified conclusion and sends it to the state customer after the address of the head contractor in a month.

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