FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 29, 2015 No. 159-FZ

About introduction of amendments to the Federal law "About the State Defense Order" and separate legal acts of the Russian Federation

Accepted by the State Duma on June 10, 2015

Approved by the Federation Council on June 24, 2015

Article 1

Bring in the Federal Law of December 29, 2012 No. 275-FZ "About the state defense order" (The Russian Federation Code, 2012, No. 53, Art. 7600; 2013, No. 52, Art. 6961) following changes:

Shall be replaced with words 1) in Article 1 of the word "and accomplishment of the state defense order" ", accomplishment of the state defense order and the state control (supervision) in the field of the state defense order";

2) in Article 3:

a) state item 4 in the following edition:

"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;";

b) add with Items 4.1 and 4.2 of the following content:

"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 chosen by the head contractor according to this Federal Law and created in accordance with the legislation of the Russian Federation;";

c) state Item 7 in the following edition:

"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;";

d) add with Items 8 - 16 following contents:

"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;

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 and terrorism financing;

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.";

Part 7 of Article 6 to state 3) in the following edition:

"7. For accomplishment of the state defense order quotas of compulsory deliveries (the state booking) of the most important types of material resources to the state customer, the head contractor, the contractor by supply agencies, the organizations manufacturers irrespective of their forms of business are established. The procedure for establishment of these quotas and forming approved as a part of the state defense order of the list and amount of the specified material resources, procedure for establishment of the state regulated prices within these quotas for the specified material resources are determined by the Government of the Russian Federation.";

Chapter 2 to add 4) with Article 6.1 of the following content:

"Article 6.1. Identifier of the public contract

1. The identifier of the public contract which contains including the following information is appropriated to each public contract before inclusion of information about him in the register of contracts which is kept in accordance with the legislation of the Russian Federation about contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs (further also in this Article - the register of contracts):

1) identification code of the state customer;

2) method of determination of the supplier (contractor, contractor);

3) year of imprisonment of the public contract;

4) year of the termination of effective period of the public contract;

5) the sequence number of the public contract assigned consistently according to end-to-end numbering within calendar year separately concerning each state customer. The procedure for forming of the identifier of the public contract is established by federal body in the field of defense together with the federal executive body performing law-enforcement functions on cash servicing of execution of budgets of budget system of the Russian Federation in coordination with the Bank of Russia.

2. Information on the identifier of the public contract goes the state customer to the federal executive body performing law-enforcement functions on cash servicing of execution of budgets of budget system of the Russian Federation and joins the specified federal executive body in the register of contracts in addition to information which is subject to inclusion in the specified register in accordance with the legislation of the Russian Federation about contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs according to the procedure, established by the Government of the Russian Federation for maintaining the register of the public and municipal contracts signed by the state or municipal customers.

3. The federal executive body performing law-enforcement functions on cash servicing of execution of budgets of budget system of the Russian Federation provides non-paid access to the data containing in the register of contracts with observance of requirements of the legislation of the Russian Federation on the state secret:

1) to the state customer - to data on the public contract signed by him;

2) to the head contractor - to data on the public contract signed by him;

3) to the contractor - to data on the public contract for the purpose of which execution it signs the contract;

4) to authorized bank - to data on the public contract which bank support it performs;

5) to body of financial monitoring;

6) to Audit Chamber of the Russian Federation;

7) to 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.

4. The identifier of the public contract is specified at orders according to the procedure, established by the Bank of Russia for specifying of unique payment ID.";

5) in Chapter 3:

a) state the name in the following edition:

"Chapter 3. Basic rights and obligations of the state customer, head contractor, contractor";

b) add with Article 6.2 of the following content:

"Article 6.2. Basic rights of the state customer

State customer:

1) has the right to request from the head contractor information necessary for the change in price of the public contract according to part 5 of article 6 of this Federal Law, including reasons for its change;

2) has the right to receive from federal body in the field of defense with observance of requirements of the legislation of the Russian Federation on the state secret access to information on the public contracts signed by it containing in unified information system of the state defense order;

3) has the right to send for the purpose of discharge of duty, stipulated in Item 9th article 7 of this Federal Law, to tax authorities, customs authorities, the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, credit institutions requests about submission of information and documents, including the data constituting tax, bank, official and trade secret and also personal data. The list of information and documents, procedure and terms of their representation are determined by the agreement on interaction of tax authorities, customs authorities, the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation with the state customer. The state customer shall store the tax, bank, official and trade secrets which became to him known, personal data, ensure confidentiality and safety of the specified data and bears responsibility for their disclosure in accordance with the legislation of the Russian Federation;

4) has the right to increase in the amount of budgetary appropriations of the federal budget on income amount received owing to violation of the law of the Russian Federation in the field of the state defense order provided to it according to the budget legislation of the Russian Federation (further - the legislation in the field of the state defense order), and the means on compensation of the damage caused to the Russian Federation as a result of violation of the law in the field of the state defense order transferred into the federal budget by the head contractor, the contractor based on the instructions provided by subitems "v" and "g" of Item 2 of part 1 of article 15.2 of this Federal Law on cases on violation of the law in the field of the state defense order;

5) has the right to get access to data on cooperation;

6) performs other rights in accordance with the legislation of the Russian Federation.";

c) state Article 7 in the following edition:

"Article 7. Fundamental obligations of the state customer

State customer:

Develops 1) with involvement of the head contractor, the contractors determined in accordance with the established procedure, offers on products supply rate on the state defense order and its main indicators;

Will organize 2) and performs order placement on deliveries of products according to the state defense order;

3) creates the starting (maximum) price of the public contract in case of placement of the state defense order by use of competitive methods of determination of suppliers (contractors, contractors), and also the price of the public contract in case of placement of the state defense order at the single supplier (the contractor, the contractor) in accordance with the legislation of the Russian Federation;

4) signs public contracts and takes necessary measures for their execution;

5) is appropriated to each public contract by the identifier of the public contract and specifies it in the public contract;

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