In 2016, the enterprise entered into a state defense order agreement. In 2018, the prosecutor's office requests constituent and primary documents. Does the prosecutor's office have the authority to fine the enterprise on this issue?
Question: In 2016, our company entered into a state defense order agreement. In 2018, the prosecutor's office requests the constituent documents, primary and accounting policies of the enterprise in order to maintain separate accounting for tax purposes within 3 working days. Does the prosecutor's office have the authority to fine the enterprise on this issue? Are there any deadlines in the legislation for submitting documents to commercial entities to the prosecutor's office?
Answer: Yes there is. The requirements of the prosecutor, arising from his powers, are subject to unconditional execution within the prescribed period (Article 6 of the Federal Law "On the Prosecutor's Office", hereinafter referred to as the Law)
Rationale
Federal Law No. 2202-1 dated January 17, 1992
About the Prosecutor's Office Russian Federation
Article 6 230
1. The requirements of the prosecutor arising from his powers listed in , , , and this Federal Law are subject to unconditional execution within the prescribed period.
2. Statistical and other information, documents (including electronic documents, signed electronic signature in accordance with the legislation of the Russian Federation), certificates and other materials or their copies necessary in the exercise of the functions assigned to the bodies of the prosecutor's office, are submitted at the request of the prosecutor free of charge within five working days from the date of receipt of the prosecutor's request to the head or other authorized representative of the body (organization), and in the course of inspections of the implementation of laws - within two working days from the date of presentation of the prosecutor's request. At the request of the prosecutor, longer periods may be established.
In the event that the audited body (organization), within the period established in accordance with the first sentence of the first paragraph of this paragraph for the provision of the requested statistical and other information, documents and materials or their copies, notifies the prosecutor in writing, outlining objective reasons, about the impossibility of submitting the specified information, documents, materials or their copies within the established period, the prosecutor decides on the establishment of a new period for their submission.
2.1. If there is a threat of harm to the life or health of citizens, property of individuals or legal entities, state or municipal property, environment, security of the state, in the presence of emergency situations of a natural and man-made nature, the necessary information, documents and materials or their copies are submitted within 24 hours from the moment the request of the prosecutor is received.
3. Failure to comply with the requirements of the prosecutor, arising from his powers, as well as evasion from appearing when he is summoned, entails liability established by law.
Article 21. Subject of supervision
1. The subject of supervision is:151 observance of the Constitution of the Russian Federation and enforcement of laws in force on the territory of the Russian Federation by federal executive authorities, the Investigative Committee of the Russian Federation, representative (legislative) and executive bodies state power subjects of the Russian Federation, authorities local government, military administration bodies, control bodies, their officials, subjects of public control over ensuring human rights in places of detention and assistance to persons in places of detention, as well as management bodies and heads of commercial and non-profit organizations; 1 compliance with the laws of legal acts, issued by the bodies and officials specified in this paragraph.
Article 22. Powers of the prosecutor
1. When exercising the functions entrusted to him, the prosecutor shall have the right to:110 upon presentation of his service certificate, freely enter the territories and premises of the bodies specified in paragraph 1, have access to their documents and materials, check the implementation of laws in connection with the information about the facts received by the prosecutor's office violations of the law; to demand from the heads and other officials of the said bodies to submit required documents and materials or their copies, statistical and other information within the time limits and in the manner established by paragraphs 2, 2.1, 2.3, 2.4, 2.5 of Article 6 of this Federal Law; allocation of specialists to clarify the issues that have arisen; conducting inspections on materials and appeals received by the prosecutor's office, auditing the activities of organizations controlled or subordinated to them; 1calling officials and citizens for explanations about violations of laws.
2. The prosecutor or his deputy, on the grounds established by law, initiates proceedings on an administrative offense, requires that persons who have violated the law be brought to other liability established by law, warns of the inadmissibility of violating the law.
3. The prosecutor or his deputy, in the event that the fact of violation of the law by the bodies and officials specified in paragraph 1 of Article 21 of this Federal Law is established: legal acts, applies to a court or an arbitration court with a demand that such acts be recognized as invalid;
submits a proposal for the elimination of violations of the law.
4. Officials of the bodies specified in Clause 1 of Article 21 of this Federal Law are obliged to proceed with the requirements of the prosecutor or his deputy to conduct checks and audits immediately.
Answered by Alexander Sorokin,
Deputy Head of the Operational Control Department of the Federal Tax Service of Russia
“CCP should be used only in cases where the seller provides the buyer, including its employees, with a deferral or installment plan for paying for their goods, works, services. It is these cases, according to the Federal Tax Service, that relate to the provision and repayment of a loan to pay for goods, work, and services. If an organization issues a cash loan, receives a return of such a loan, or itself receives and repays a loan, do not use the cash desk. When exactly you need to punch a check, look at
Petersburg administration(FAS) vigorously penalizes defense enterprises. The goal of the FAS is to return to the federal budget up to 10% of the amount of the state defense order.
For the purchase of arms In 2016, about 2 trillion rubles were allocated. To save up to 200 billion rubles this year, the head of the Federal Antimonopoly Service promised the prime minister of the Russian Federation.
Now all territorial divisions FAS are trying to fulfill the promise of the head of their department. The central office of the Federal Antimonopoly Service expects that the St. Petersburg Antimonopoly Service, which oversees the defense industry in the Northwestern Federal District, will make a significant contribution to the common cause. If only from St. Petersburg defense enterprises collect fines and illegally obtained income (from overpricing) in the amount of 10% of the turnover, then you get 30 billion rubles.
Since the beginning of 2016, St. Petersburg has conducted six inspections and considered 35 complaints. As a result, 39 officials were brought to administrative responsibility and fined - so far by 1.3 million rubles.
"The amount of fines is growing rapidly,- says Oleg Zaika, Deputy Head of Department - Head of the Control Department of the State Defense Order of the St. Petersburg OFAS. - We have several cases in progress, in which there is reason to believe that prices are overpriced by 30%. As a result of the consideration of these cases, we hope to issue instructions for the return of tens of millions of rubles to the budget. "The state defense order is financed from federal budget, and if the fines go there, then we can say that the state saves on the state defense order, the specialist explains.
We are few, but we are in the FAS
Until January 1, 2015, he controlled the execution of military orders. But it was abolished and most of the powers were transferred to the Federal Antimonopoly Service of Russia: control over the placement, execution of the state defense order, and the use of budgetary allocations.
Administrative cases in production Petersburg OFAS is several times more than the Rosoboronzakaz considered, notes Oleg Zaika. "We evaluate the compliance of products, components, their range and production time terms of reference and terms of the contract. In practice, this boils down to the fact that we strictly control the timing of the execution of the state defense order and initiate in large numbers administrative affairs. Prosecutors also help us with this," the expert says.
In the area of responsibility of the St. Petersburg OFAS includes defense enterprises from 11 regions of the North-West - 170 prime executors of the defense order and several hundred allied enterprises. Their activities are supervised by six people of the St. Petersburg department of control of the state defense order.
How to avoid punishment
Most often, regulatory authorities reveal the untimely execution of contracts. For failure to meet the deadlines, an official is fined 30–50 thousand rubles, and for a repeated violation during the year, the director is threatened with disqualification.
Defense industry leaders learned avoid responsibility, they say in the OFAS. Since the spring of this year, more and more often, contracts are signed not by directors, but by their deputies, who, a week or two before signing a contract, are responsible for the execution of the state defense order specifically under this contract.
Then, when the deadlines are broken, the substitute receives the fines. In extreme cases, he can be disqualified, and CEO will remain.
Many more complaints about non-compliance with the national procurement regime. Now, according to a certain nomenclature, only Russian-made goods can be purchased.
Thus, the Komi Administration placed an order for the supply of spare parts for the supply of telephone exchanges throughout the subject of the Federation. The customer demanded to supply only Russian products. Nine companies entered the auction. Six promised to supply products various countries but not Russian. Moreover, one of them reasonably stated that such spare parts are not produced in Russia. Three more participants agreed to supply Russian spare parts.
The participant who proved that The Russian Federation does not produce such spare parts, filed a complaint. To this, the customer quite reasonably stated that the country is large, it is impossible to know all the manufacturers, and there is no reason not to trust other participants in the auction. “We recognized the complaint as unfounded, as there was hope that somewhere in Russia they were still able to organize the production of the necessary spare parts,” says Oleg Zaika. But later, OFAS conducted an unscheduled inspection of the execution of this contract. “We achieved an examination, and it turned out that the delivered goods were Chinese. They recognized the improper fulfillment of the terms of the contract and obliged the supplier to return the money to the customer, and then entered this company into the register of unscrupulous suppliers,” sums up Oleg Zaika.
What kickbacks
Interviewed by "DP" representatives of the defense enterprises unanimously declare that problems with the timing of the execution of the state defense order are encountered at almost every step. And they were caused mainly by the application of the new law on the state defense order, which violated the established cooperation ties.
Which builds tugboats and boats for the military, has already been fined by the OFAS for non-compliance with deadlines and did not officially comment on anything. But a source close to the company in the Association of Shipbuilders and Ship Repairers of Russia said that the latest legislative initiatives create many difficulties. "The law on state defense orders is correct, but it is not of direct action. It contains more than 10 references to decrees of the Russian government. And the government issues decrees that contradict the law. All these jambs need to be corrected," the expert says.
Mikhail Saenko, General Director of OAO"NGO" ", adds that there are very few applications for competitions, and after the cancellation of the advance payment, there will be even fewer willing to participate in the auction. "In the last competition in which we participated, our application was the only one for the first time. And all because the winner will not receive an advance," the expert says. Some consider this practice justified. "Sometimes the winner receives an advance, but does not perform the work, goes bankrupt," says Ekaterina Ilyina, senior lawyer at the A2 Law Office.
That's what the defenders have to do re-form a pool of suppliers, take loans, which leads to delays and penalties. Some enterprises are trying with the help of FAS to oblige suppliers to conclude contracts. But only a monopolist can force the FAS to conclude a contract, and if the supplier operates in a competitive market, then it cannot be forced.
Price gouging suspects according to the state defense order, OFAS does not name, so that they do not have time to think over countermeasures. It can be assumed that most often this situation occurs when the price has to include the amount of remuneration to persons distributing the state defense order. But the industrialists deny it. “What are the kickbacks now?! No one is thinking about this now. The screws are so tight that it is impossible to buy at public expense not only a good gift for a partner, but buying soap is a problem,” exclaims one of the industrialists.
The main problem today is not the FAS, but the system of financing the State Defense Order. Think about it: the enterprise has money in the bank that will be transferred to it for the fulfillment of the order, but the enterprise cannot receive it for the performance of work, but must take out a loan. Someone has to pay the cost of servicing the loan. Who can do it? Only the customer. As a result, production becomes more expensive. In addition, banks simply do not give loans. For example, a plant has an annual revenue of 4 billion rubles, and in order to fulfill a contract, it needs to take 1 billion rubles on credit. But the bank has not given him this money for the third month already.
Did your customer offer to open a special bank account or a personal account in the treasury? He proposed to work according to the scheme: supply of products from existing stocks without advance payment, then reimbursement of previously incurred expenses from a special account to a current account.
For some reason, in this case, everyone asks one single question: how to open a special account? As in a joke about students who are asked: - How much time do you need to learn Chinese? answer: - And when to hand over?
In fact, the question should be put differently. And not even: - How to continue to work with a special account?, but: - How to work with the state defense order (hereinafter referred to as the GOZ)?
If you became a executor of the state defense order, you are obliged to work within the framework of the law 275 FZ of December 29, 2012 “On the state defense order”. And this means that it is necessary to inform your suppliers that the contracts are concluded in order to fulfill the state defense order (there is a mandatory GCI, special requirements for the content of the contract), monitor the targeted spending Money, do not overcharge, keep separate records, etc. Separate accounting for the State Defense Order differs significantly from accounting and tax accounting (other requirements for the composition of costs, accounting policies, primary documents, etc.).
Not all costs recognized in the tax and accounting records, can be included in the price of products supplied under the State Defense Order. The procedure for determining costs under contracts concluded after April 29, 2019 is determined by the Order of the Ministry of Industry and Trade dated February 8, 2019. N 334, for previously concluded agreements - by Order of 08/23/2006 N 200.
Organizations implementing the state defense order provide a REPORT ON THE IMPLEMENTATION OF THE STATE CONTRACT (Order of the Ministry of Defense of the Russian Federation dated October 8, 2018 No. 554). Download the report form .
Below is a list of the main regulatory documents of the State Defense Order with comments.
STC APB. Accompanying the State Defense Order and the State Defense Order:If the customer is the Ministry of Defense, the executors of the State Defense Order (regardless of the level of cooperation) are obliged to open separate accounts in an authorized bank to make settlements. The rest of the GOZ contracts are accompanied by the Federal Treasury (TOFK). First, we will consider how to work with an authorized bank, then with TOFC.
Banking support of the State Defense Order.
First of all, the authorized bank controls the purpose of the payment, the list of permitted and prohibited transactions, the presence of GCI. The Bank may suspend operations in the event that funds are debited to transfer profits, wages, paying taxes and fees in excess of the norms.
For an authorized bank, it is important that absolute values are specified in the contract: the price of the contract, the amount of profit under the contract, which should have a clear fixed value, and not a percentage or an amount depending on some conditions, the amount of the actual backlog.
Each performer has the right to a limit in three millions rubles per month (head contractor five million rubles per month), renewable from the first day of each calendar month, providing for the debiting of funds from a special account (separate account, SBS) to other bank accounts for purposes not prohibited by the OBS use regime, including for the delivered goods. For example, payment for hotels, air tickets, licenses, commissions for issuing a bank guarantee, etc.
In principle, if the amount of the contract is not large, you can become a SDO supplier without opening a special account. Sometimes you may not even realize it. BUT! Even if the contract does not contain mandatory indications that it is carried out within the framework of the state defense order, the supplier may be recognized as a participant in legal relations in the field of state defense orders and punished for the lack of separate accounting, inappropriate expenses, etc. FAS proceeds from the purpose for which the contract is being implemented.
Let us return to the question of the supply of products under the State Defense Order from existing stocks.
Firstly. Before signing the contract, you reserve an account with an authorized bank (on the basis of a letter from the customer), provide details to your customer.
Secondly. The contract must necessarily spell out the possibility of transferring funds in order to reimburse those incurred at the expense of own funds(with the exception of funds held in separate accounts) expenses for the formation of a stock of products, raw materials, materials, semi-finished products, components, in accordance with clause e1, article 8.3 of Law 275 of the Federal Law of December 29, 2012 "On the state defense order". The contract must contain a condition on the amount of compensation in absolute value ( specific amount, VAT allocated). Supplementary agreement the bank will not accept.
Thirdly. You will be able to transfer funds from a special account to a regular current account only after the full execution of the contract. To do this, you must provide the bank:
- a contract with all appendices and additions (an extract from the contract containing state secrets), which contains a condition for compensation;
- the act of transfer and acceptance of goods;
- payment orders confirming the actual expenses of the contractor at his own expense;
- other documents (waybills, account statements, statements of reconciliation of settlements, etc.). The list depends on the bank.
May be required transmittal letter, the text of which contains information that the relevant documents submitted to Order No. ____ dated __________ confirm the payment made by the contractor for the costs of forming a stock of products, raw materials, materials, semi-finished products, components necessary to fulfill the state defense order as part of the execution of contract No. ______ dated ______________ .
IMPORTANT! Reimbursable costs must be incurred before the conclusion of the contract.
Fourth. In the payment order for debiting funds from the OBS, you must specify the required details:
- IGK;
- MBS of the beneficiary, with the exception of permitted transactions to other accounts of beneficiaries;
- other information: transaction code, purpose of payment, name of goods, works, services, numbers and dates of contracts, commodity documents;
- in the case of transferring funds to another bank account, it is better to indicate the type (or paragraph of the Law) of the corresponding permitted operation;
- if the amount of the payment order is less than the amount of the justifying document, then in the purpose of payment it is necessary to indicate "Partial payment ..."
ATTENTION! There may be problems with reimbursement of costs and transfer of profits if your customer paid for a part of the contract for the state defense order from his current account (bypassing a separate account). In this case, the authorized bank will consider that your contract not completely fulfilled.
Full fulfillment by the parties of their obligations under the contract includes acceptance of the goods delivered, work performed, services rendered and payment by the customer for the delivered goods, work performed, services rendered(Letter of the Ministry of Economic Development of Russia dated August 19, 2016 No. D28i-2196).
What to do if there are no funds on a special account, but you need to pay urgently? The customer can first replenish the special account with his own funds, then return the money to his current account. Operations allowed:
a) return of funds credited to a separate account due to a mistake by the payer or credit institution;
b) the return of the contractor's own funds to the bank account from which the specified funds were received, in an amount not exceeding the previously credited.
Fifth. A special (separate) account can be closed either after the full execution of the State Contract and receipt of a relevant notification from the bank, or in connection with a transfer to another authorized bank. Notifications on the execution of government contracts are received by the authorized bank from the Department financial monitoring State Defense Order of the Ministry of Defense of the Russian Federation. To close the Separate Account, after receiving the relevant notification, it is necessary to submit to the bank an application for termination of the contract for bank support of the State Defense Order and closing a separate account indicating the details for transferring the balance of funds.
Ask a specialist: what to do so that the money is not "stuck" in a special account.
: +7 911 006 72 37
: [email protected] website
Treasury support of the State Defense Order.
The main documents regulating the treasury support of the state defense order in 2020 are the Decree of December 25, 2019 N 1819, the Order of the Ministry of Finance of the Russian Federation of December 10, 2019 No. 220n.
These documents determine which contracts fall under treasury support, what mandatory conditions must be specified in the contract, the list of permitted and prohibited operations, the procedure for authorizing expenses, etc.
Separate accounting for the state defense order for treasury support differs from similar accounting for banking support and is regulated by Order of the Ministry of Finance of the Russian Federation dated December 25, 2019 No. No. 255n. But in essence, the approach and requirements for separate accounting are the same. Unlike a bank, the treasury has the right not only to monitor, but also to conduct independent checks on the correctness of keeping separate records and spending state defense funds.
Treasury support may act as treasury security for obligations. The difference between normal accompaniment and collateral is the same as between a payment order and a letter of credit. Treasury security only confirms the obligation of the state customer to pay for the work, goods, services delivered to him.
Treasury support does not include such an option as the right to a limit of three million rubles per month, which provides for debiting funds from other bank accounts. From a personal account, you can transfer to a regular settlement account with a supplier under an agreement concluded in the amount of 300 thousand rubles or less.
In the case of the supply of state defense order products from existing stocks with treasury support, it is necessary to provide for the possibility of reimbursement of expenses incurred in the contract with the customer (executor of the previous level).
It is clear that in such a specific area as the state defense order, one has to be careful, like a sapper in a minefield. It is especially important to know the intricacies of working with the state defense order at the stage of concluding a contract.
Firstly, there is key phrases which must be included in the contract with the customer.
Secondly, there are nuances that should be discussed with suppliers before paperwork. Thirdly, there is an algorithm for working with the state defense order, including calculating prices, profits, maintaining separate accounting, processing primary and reporting documentation, etc. This is a big amount of work. And it’s better to know right away exactly where and how to apply your efforts so as not to redo it in the future.
It's easier to catch a rare Pokémon than it is to put together all the regulations needed to fulfill the GOZ. Even harder to understand the details. Chat with a live person and find out all the unclear questions. Save your time, nerves and money.
STC APB. Accompanying the state defense order.
We work from 8:00 to 19:00 Moscow time.You can request a contract by e-mail [email protected] website
Ask a question by phone. +7 911 006 72 37 , or Contacts
A complete list of legislative acts of responsibility of executors of the state defense order
| Violation | Sanctions |
|---|---|
| Action (inaction) that lead or may lead to an unreasonable increase in the price of products under the State Defense Order. | Fine from 300 thousand to 1 million rubles (Article 14.55.2 of the Code of Administrative Offenses of the Russian Federation). |
| Inclusion in the cost of production (sale) of products under the State Defense Order of costs not related to its production (sale). | Penalty in double the amount of costs unreasonably included in the cost of production (sales) of products under the State Defense Order (Article 14.55.2 of the Code of Administrative Offenses of the Russian Federation). |
| Gross violation of the requirement to maintain separate accounting (distortion of the amount of expenses by at least 10%) | Fine from 500 thousand to 1 million rubles (Article 15.37.2 of the Code of Administrative Offenses of the Russian Federation). |
| Abuse of authority in the implementation of the State Defense Order, which entailed grave consequences. | Imprisonment for a term of five to ten years (Article 201.1 of the Criminal Code of the Russian Federation). |
June 17, 2019. According to Daniil Fesyuk, Deputy Head of the FAS Russia, in terms of control over the state defense order, the FAS is in the general trend of switching to a risk-oriented approach, reducing the overall pressure, transition to reaction only to urgent problems and questions. Moreover, the FAS Russia came up with a proposal to raise the minimum margin of profitability, taking into account the key refinancing rate of the Central Bank, that is, to add the size of the key rate to the lower boundary.
It is difficult to understand the specifics of the state defense order without knowing the terminology of the State Defense Order. You put one meaning into the concept, but in reality it turns out to be completely different.
In 2020, a completely non-trivial situation with separate accounting has developed.
Firstly, separate accounting in the state defense order (GOZ) differs from accounting for the state order (not the state defense order).
Secondly, there are differences in the separate accounting of funds received on the basis of government contracts for banking and treasury support.
Thirdly, separate accounting in the state order and the state defense order differs significantly from accounting and tax accounting (a different composition of costs, the procedure for distributing overhead costs, financial results).
The cost of GOZ products must be justified.
Entrepreneurs participating in the state defense order first try, no matter what, to get a large order, and then they begin to think how to achieve perfection and come to an error-free, fail-safe and skin-saving result. It is clear that the crisis is universal, it is hard for everyone. The time has come for a reduction in specialization and division of labor, a conscious increase in risks. It is necessary to completely break the control matrix. How to create "pressure" on employees who manage to show virtual results even at real work, and thus increase the company's income. .
The main documents that determine the procedure for working with the State Defense Order.
| Regulatory document | Fragment of document text | Comment |
|---|---|---|
6) determines in contracts concluded with other contractors a mandatory condition for making settlements under such contracts using for each contract a separate account opened with an authorized bank selected by the head contractor; 7) uses only separate accounts for settlement of contracts, opened in an authorized bank to other executors with whom the executor has concluded contracts, if the executors have agreements on banking support concluded with an authorized bank; 8) provides, at the request of the state customer, the financial monitoring body, the prime contractor, another contractor, the bank ...... within five working days from the date of receipt of the specified request, information about each contractor involved by him for the purpose of fulfilling the contract (full name of the contractor, his address (place location), telephone numbers of the head, taxpayer identification number, code of the reason for registration in tax authority) and other information, the provision of which is provided for by this federal law; 11) provides the head contractor with information on each case of concluding a contract with other contractors within the framework of cooperation; |
Executor: 1. He himself conducts calculations using a special account. 2. Obliges its counterparties to make settlements from a special account; 3. Provides, upon request, the phone numbers of the head, the taxpayer identification number, the code of the reason for registering with the tax authority) and other information about their suppliers. 4. Enters into contracts with its suppliers the condition that contracts are concluded and executed in order to fulfill the state defense order. |
|
| 275 FZ dated 29.12.12. "Federal law on the state defense order" | Article 8.2. The main duties of the performer: 16) keeps separate accounts results of financial and economic activity under each state contract; 17) provides, at the request of the head contractor, information on the costs of executed contracts; |
The executors of the state defense order must first of all confirm the very fact of the existence of separate accounting. |
| 275 FZ dated 29.12.12. "Federal law on the state defense order" | clause 3.1, article 7.1, the performer has the right: include, in agreement with the head contractor, contractor, in the contract a condition for reimbursement (compensation) after the execution of the contract within the contract price incurred by the contractor at his own expense for the formation of a stock of products, raw materials, materials, semi-finished products, components necessary to fulfill the state defense order , subject to confirmation by the contractor of the validity of the actual costs associated with the formation of such a reserve; |
It is necessary to keep separate records and correctly draw up documents justifying the presence of a stock. |
| 44 FZ of 05.04.2013 "O contract system in the field of procurement" | Clause 10 of Article 99 The control body in the field of state defense orders exercises control ... in relation to: 1) compliance with the requirements for justification and justification of procurement; 2) regulation in the field of procurement; 3) determination and justification of the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer), the initial price of a unit of goods, work, services, the initial sum of prices of units of goods, work, services; 4) application by the customer of measures of responsibility and performance of other actions in case of violation by the supplier (contractor, performer) of the terms of the contract; 5) conformity of the delivered goods, performed work (its result) or rendered service; 6) timeliness, completeness and reliability of the reflection in the accounting documents of the delivered goods, the work performed (its result) or the service rendered; 7) compliance of the use of the supplied goods, the work performed (its result) or the service provided with the objectives of the procurement. |
Inspections in the area of public defense procurement. |
| Decree of the Government of the Russian Federation of December 2, 2017 N 1465 | Regulations on state regulation prices for products supplied under the state defense order. 9. The price of products specified in paragraph 6 of this Regulation is determined using one of the following methods: method of analysis of market indicators; comparable price method; costly method. If the method of analysis of market indicators and the comparable price method are not applicable to determine the price of the product and its base price has not been formed earlier, the price of the product is determined by the cost method. If the base price for products was previously formed, the price for products for the next year and planning period defined using: base price indexation method; method of indexation by cost items. |
Installs: 1. Goals and principles of state regulation of prices for SDO products; 2. Methods for determining prices for products supplied under the State Defense Order; 3. The procedure and conditions for the application of types of prices for products of the State Defense Order; 4. The procedure for determining the profitability (profit) of products supplied under the State Defense Order. |
| NEW! Order of the FAS Russia dated August 26, 2019 No. 1138/19 | On approval of the forms of documents provided for by the Regulations on state regulation of prices for products supplied under the state defense order, approved by Decree of the Government of the Russian Federation of December 2, 2017 No. 1465 | New forecast price forms |
| Order of the FAS Russia No. 116/18 dated January 31, 2018 | On approval of the forms of documents provided for by the Regulations on state regulation of prices for products supplied under the state defense order, approved by Decree of the Government of the Russian Federation of December 2, 2017 N 1465 | Forecast price forms valid until 10/26/2019 |
| Order of the Ministry of Industry and Trade of Russia dated February 8, 2019 No. 334 | On approval of the procedure for determining the composition of costs included in the price of products supplied under the state defense order. | The list of costs accepted in the state defense order, the procedure for distributing overhead costs. |
| Order of the Ministry of Defense of the Russian Federation dated August 31, 2015 No. 501 | The procedure for compiling, approving and submitting to the authorized bank a list of foreign contractors involved in the supply of products under the state defense order and included in the cooperation of the main contractor for the supply of products under the state defense order within the framework of the accompanied transaction. | The procedure for working with foreign suppliers within the framework of the State Defense Order. |
| Decree of the Government of the Russian Federation No. 9 dated January 14, 2017 | 1. Establish a ban on the admission of goods originating from foreign states (with the exception of goods on the list according to the annex and goods originating from the member states of the Eurasian Economic Union), works (services) performed (rendered) foreign persons(with the exception of persons of the member states of the Eurasian Economic Union), for the purposes of procurement of goods, works (services) for the needs of the country's defense and state security, except for cases when the production of such goods, performance of work and provision of services in the territory of the Eurasian Economic Union are absent . | The order of prohibitions and restrictions on the use of imported goods has been changed. |
| Decree of the Government of the Russian Federation of December 26, 2013 No. № 1275 |
12. The state contract establishes its price, type of price, as well as the conditions and procedure for its formation (calculation), advance work and mutual settlements. The price of a state contract concluded based on the results of competitive methods for determining the prime contractor or with a single prime contractor is formed in accordance with the federal laws "On the state defense order" and "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" . |
The document defines the approximate terms of the state contract for the state defense order. |
| Decree of the Government of the Russian Federation of December 25, 2014 No. № 1482 |
1. Requirements, in case of establishment of which the state the customer has the right not to establish the requirement to ensure the execution of the state contract, are: ownership or other legal basis production capacity and technological equipment for the execution of a government contract; financial stability and solvency; the availability of professionals who professional education corresponding to the relevant qualification requirements concluded with the participant in the placement of the state defense order employment contracts required in accordance with the procurement documentation. |
The document defines the requirements for participants in the placement of the state defense order and the availability of appropriate capacities, technological equipment, personnel and financial resources. |
| Order of the Ministry of Economic Development of Russia dated June 1, 2018 N 276 | On Approval of the Procedure for the Application of Price Indices and Deflator Indices by Type economic activity..... for products supplied under the state defense order | How to use price indices. |
| Order of the FTS of Russia dated 02.08.2012 N 134 | On approval of the List of cost items, the amount of which is subject to indexation, for the production of goods (works, services) supplied under the state defense order | List of cost items, the value of which is subject to indexation. |
| Decree of the Government of the Russian Federation of January 19, 1998 N 47 | Rules of conduct by organizations performing government order at the expense of the federal budget, separate accounting of the results of financial and economic activities. | Separate accounting rules. |
| Decree of the Government of the Russian Federation of December 19, 2017 No. № 1585 |
On approval of the Rules for the formation and maintenance of the register of legal entities held administratively liable for refusing or evading the conclusion of a contract, for which the conclusion of such a contract is mandatory in accordance with the Federal Law "On the State Defense Order". | The FAS compiles a list of legal entities that have violated their obligations under the State Defense Order. |
| Decree of the President of the Russian Federation of November 30, 1995 No. № 1203 |
On approval of the list of information classified as state secrets | |
| Decree of the Government of the Russian Federation of February 28, 2019 No. N 223 |
On the peculiarities of conducting closed electronic procedures and the procedure for accreditation at specialized electronic platforms | List of customers making closed purchases |
| Order of the Ministry of Industry and Trade dated 13.02. 2017 № 401 |
On approval of the Procedure for confirmation by the contractor of the validity of the actual costs associated with the formation of a stock necessary for the manufacture of products with a long technological production cycle in order to fulfill the State Defense Order. | The form of the summary calculation of the stock amount has been established. |
| Decree of the Government of the Russian Federation of February 1, 2018 No. 93 | 2. Establish the frequency of scheduled inspections by the Federal Antimonopoly Service of prime contractors for the supply of products under the state defense order and contractors involved in the supply of products under the state defense order, unless otherwise provided by federal laws: no more than once every 3 years for prime contractors whose activities are classified as middle category risk; no more than once every 5 years for prime contractors whose activities are classified as a moderate risk category; no more than once every 10 years for prime contractors, contractors whose activities are classified as low risk. |
Criteria - classified information that is not subject to publication in open sources. |
| Decree of the Government of the Russian Federation of 08.11.1995 No. 804 | 8. Military missions are entrusted with: participation in the preparation and approval of contracts for the supply of military products ... ..; checking the quality and completeness of the received military products, their compliance with the requirements of technical documentation, as well as concluded state contracts (contracts); acceptance of military products within the time limits stipulated by state contracts (contracts), issuance of certificates for accepted products to organizations; ........ issuance of conclusions on the price of military products, including forecast. |
Regulations on the military representations of the Ministry of Defense of the Russian Federation |
| Order of the Ministry of Defense of the Russian Federation dated October 8, 2018 No. 554. | 1. Organizations implementing the State Defense Order, in which military representations of the Ministry of Defense of the Russian Federation (military acceptance) have been established, submit a report on a monthly basis no later than the 10th day of the calendar month following the reporting one. 2. Other organizations submit a report at the request of the Ministry of Defense. |
The procedure and terms for submitting the Report on the execution of the state contract |
| Order of the Ministry of Defense of the Russian Federation of November 19, 2018 No. 670. | On determining the composition and format of presentation by the head executors, executors (organizations executing the state defense order, in which the VP of the Ministry of Defense of the Russian Federation was created), information contained in the report on the execution of the state contract, the contract provided for by the Rules for maintaining separate accounting of financial results by organizations executing the state defense order - economic activities, approved by the Decree of the Government of the Russian Federation of January 19, 1998 No. 47 | Format for submitting the State Contract Performance Report |
| NEW! Order of the Ministry of Defense of the Russian Federation of November 21, 2019 No. 686. | On amending paragraph 2 of the procedure and deadlines for the submission by organizations fulfilling the state defense order, in which military representations of the Ministry of Defense of the Russian Federation have been established, of a report on the execution of a state contract, a contract provided for by the Rules for maintaining organizations fulfilling a state defense order, separate accounting of the results of financial and economic activities, approved by Decree of the Government of the Russian Federation of January 19, 1998 N 47, as well as the procedure for requesting the specified report from other organizations ... | The deadline for submitting the report from the 10th is changed to the 25th |
| Order of the FAS Russia dated March 23, 2018 No. 362/18. | On approval of the procedure for considering information on the facts of an increase by suppliers (executors, contractors) of prices for raw materials, materials and components, works, services necessary for the implementation of the State Defense Order, in order to detect signs of violation of antimonopoly legislation | Criteria for overpricing state defense products |
| Order of the FAS Russia dated June 17, 2019 N 772/19. | On approval of the form for submitting information to the antimonopoly authority on the fact that a supplier (contractor, executor) has increased prices for raw materials, materials, components, works, services necessary to fulfill the state defense order | Information Form |
| Decree of the Government of the Russian Federation No. 1036 dated October 11, 2012 | On the features of assessing the conformity of defense products (works, services) supplied under the state defense order, design processes (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale, disposal and disposal of these products | Definitions given life cycle, production, design, etc. state defense order |
| Order of the Ministry of Defense of the Russian Federation and the Federal Treasury dated August 11, 2015 No. 475/13n. | On approval of the procedure for the formation of the identifier of the state contract for the state defense order | government contract identifier (PCI) |
| Order of the Ministry of Industry and Trade of the Russian Federation dated April 21, 2017 No. 1270 | On approval of the procedure for classifying products as products with a long technological production cycle and the procedure for issuing a document confirming the duration production cycle product manufacturing | Rules for issuing a document confirming the duration of the production cycle. |
| Decree of the Government of the Russian Federation of July 29, 2013 N 639 | On approval of the Rules for establishing mandatory supply quotas (state reservations) of the most important types of material and technical resources and the formation of their list and volume for the implementation of the state defense order | Quotas in cases of non-placement of state. customers at the conducted auctions of orders. |
| Decree of the Government of the Russian Federation of July 18, 2019 N 932 | Procurement under the state defense order in terms of orders for the creation, modernization, supply, repair, maintenance and disposal of weapons, military and special equipment. Additional requirement: the head, members of the collegial executive body, the person acting as the sole executive body, the chief accountant of the legal entity participating in the purchase of a criminal record under Articles 201.1, 238, 285, 285.4 and 286 of the Criminal Code of the Russian Federation. |
Limited Procurement, Two-Stage Tenders, Closed Limited Tenders, Closed Two-Stage Tenders or Auctions |
| Instruction of the Central Bank of the Russian Federation of July 15, 2015 N 3729-U | 2. An authorized bank has the right to suspend a transaction on a separate account if it meets at least one of the following criteria: write-off of funds .. to pay taxes and fees, customs payments, insurance premiums .... in total exceeding 50 percent from the price of the contract; write-off of funds ... against the transfer of profits ... in an amount exceeding 20 per cent from the price of the contract; |
Criteria for Suspended Operations. |
| Directive of the Central Bank of the Russian Federation dated November 22, 2016 No. 4210-U | When the executor transfers funds aimed at reimbursement of expenses for the formation of a reserve, the bank exercises control over: - not exceeding the amount; - payment by the executor of expenses for the formation of the stock; - full fulfillment by the customer of obligations under the contract; - compliance with the amount of the act of acceptance and transfer of goods. |
Peculiarities of monitoring settlements under the state defense order. |
| Instruction of the Central Bank of the Russian Federation of July 15, 2015 N 3733-U | On the procedure for the submission by an authorized bank of information in a single information system state defense order | From 03/01/2019, one separate invoice for payment under this contract. |
| Letter of the FAS Russia dated February 14, 2019 No. AK/11005-PR/19 | On the conclusion of state contracts (contracts) for the supply of products for the purpose of fulfilling the state defense order, taking into account the norms of the Regulation on state regulation of prices for products supplied under the state defense order, approved by Decree of the Government of the Russian Federation dated 02.12.2017 No. 1465 | Conditions of contracts at indicative and cost-reimbursing prices. |
Responsibility of the executor of the state defense order.
| Regulatory document | Fragment of document text |
|---|---|
| Article 14.49. Violation of mandatory requirements in relation to defense products (work performed, services rendered) ...... entails the imposition of an administrative fine on officials in the amount of forty thousand to fifty thousand rubles; for legal entities - from seven hundred thousand to one million rubles. | |
| RF Code of Administrative Offenses | Article 14.55. Violation of the terms of the state contract for the state defense order or the terms of the contract concluded in order to fulfill the state defense order 2.1 Violation official the head executor of the term and procedure for payment for goods (works, services) supplied (performed, rendered) under the state defense order, including failure to fulfill the obligation to ensure advance payment, - entails the imposition of an administrative fine on officials in the amount of fifty thousand to one hundred thousand rubles . 3. Gross violation of the terms of the state contract for the state defense order, committed by the person specified in parts 1, 2 or 2.1 of this article - entails the disqualification of the official for a period of up to three years. |
| RF Code of Administrative Offenses | Article 14.55.2. Actions (inaction) of the prime contractor, contractor that lead or may lead to an unreasonable increase in the price of products under the state defense order, non-fulfillment or improper fulfillment of the state contract under the state defense order 1. Commitment by the head executor, the executor of actions (inaction) prohibited by the legislation of the Russian Federation in the field of the state defense order, if such actions (inaction) lead or may lead to an unreasonable price increase for products under the state defense order, non-fulfillment or improper fulfillment of the state contract .... - entails the imposition of an administrative fine on officials in the amount of twenty thousand to fifty thousand roubles; for legal entities - from three hundred thousand to one million rubles. 2. The inclusion by the head contractor, contractor in the cost of production (sales) of products under the state defense order of costs not related to its production (sales ... ... - entails the imposition of an administrative fine on officials in the amount of fifty thousand rubles; on legal entities - twice the amount the amount of costs included in the cost of production under the state defense order and not related to the production of such products. |
| RF Code of Administrative Offenses | Article 15.14. Misuse of budgetary funds Misappropriation of budgetary funds, expressed in the direction of funds from the budget of the budgetary system of the Russian Federation and the payment of monetary obligations for purposes that do not fully or partially correspond to the purposes defined by the law (decision) on the budget .... for purposes that do not correspond to the purposes specified by the contract (agreement) or other document that is the legal basis for the provision of these funds, if such action does not contain a criminally punishable act - shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to fifty thousand rubles or disqualification for a period of one to three years; for legal entities - from 5 to 25 percent of the amount of funds received from the budget of the budgetary system of the Russian Federation, used for other than their intended purpose. |
| RF Code of Administrative Offenses | Article 15.37. Violation of the requirement to keep separate records of the results of financial and economic activities. 1. Non-fulfillment by the head executor, the executor under the state defense order of the requirement to maintain separate accounting of the results of financial and economic activities - entails the imposition of an administrative fine on officials in the amount of twenty thousand to fifty thousand rubles; for legal entities - from three hundred thousand to five hundred thousand roubles. 2. Gross violation by the head executor, the executor under the state defense order of the rules for maintaining separate accounting of the results of financial and economic activities - shall entail the imposition of an administrative fine on officials in the amount of fifty thousand to one hundred thousand rubles or disqualification for a period of up to three years; for legal entities - from five hundred thousand to one million rubles. Note. A gross violation of the rules for maintaining separate accounting for the results of financial and economic activities is understood as a distortion of the total amounts of expenses incurred by at least 10 percent. |
| RF Code of Administrative Offenses | Article 19.4.2. Interference with the implementation of the lawful activities of an official of the federal executive body exercising the functions of control and supervision in the field of the state defense order, or officials of its territorial bodies ... shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to fifty thousand roubles; for legal entities - from three hundred thousand to five hundred thousand roubles. Article 19.5. Failure to comply in time with a legal order (decree, presentation, decision) of the body (official) exercising state supervision (control), municipal control .... - shall entail the imposition of an administrative fine on officials in the amount of fifty thousand roubles; for legal entities - five hundred thousand roubles. |
| RF Code of Administrative Offenses | Article 19.7.2. Failure to provide information and documents or submission of deliberately false information and documents to the body authorized to exercise control in the field of procurement of goods, works, services to meet state and municipal needs, to the federal executive body exercising the functions of control and supervision in the field of state defense orders , body of internal state (municipal) financial control ... - shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand rubles; for legal entities - from one hundred thousand to five hundred thousand roubles. |
| NEW! RF Code of Administrative Offenses |
Article 7.29. Making a decision on placing a state defense order with sole supplier(contractor, executor) in the event that the supplier (contractor, executor) in accordance with the legislation of the Russian Federation on the contract system in the field of procurement must be determined by holding a tender or auction, - shall entail the imposition of an administrative fine on officials in the amount of one hundred thousand rubles. |
| RF Code of Administrative Offenses | Article 7.29.1. Violation of the procedure for determining the initial (maximum) price of a state contract under a state defense order or the price of a state contract when placing a state defense order ... shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles. Article 7.29.2. Refusal or evasion of a supplier of Russian weapons and military equipment which have no Russian analogues, the only supplier (executor, contractor), ... from the conclusion of a state contract for a state defense order ... - shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles; for legal entities - from three hundred thousand to one million rubles. |
| RF Code of Administrative Offenses | Article 7.29.3. Violation of the legislation of the Russian Federation on the contract system in the field of procurement during planning 2. Failure to comply with the procedure or form of substantiation of the initial (maximum) price of the contract, substantiation of the procurement object (with the exception of the description of the procurement object) - shall entail the imposition of an administrative fine on officials in the amount of ten thousand rubles. |
| NEW! RF Code of Administrative Offenses |
Article 7.32. Violation of the procedure for concluding, changing the contract 4. Changing the terms of a contract, including an increase in the prices of goods, works, services, if the possibility of changing the terms of a contract is not provided for by the legislation of the Russian Federation on the contract system in the field of procurement, except for the cases provided for in Part 4.1 of this article, - entails the imposition of an administrative fine on officials in the amount of twenty thousand rubles; for legal entities - two hundred thousand roubles. 4.1. Changing the terms of a state contract for a state defense order, including an increase in the prices of goods, works, services, if the possibility of changing the terms of a state contract is not provided for by the legislation of the Russian Federation on the contract system in the field of procurement, - entails the imposition of an administrative fine on officials in the amount of fifty thousand rubles; for legal entities - five hundred thousand rubles. 5. The actions provided for by parts 4 and 4.1 of this article, if such actions entailed additional spending of funds from the relevant budgets of the budgetary system of the Russian Federation or a decrease in the number of goods supplied, the volume of work performed, services rendered to meet state and municipal needs, - entails the imposition of an administrative fine on officials, legal entities in the amount of double the amount of additionally spent funds from the relevant budgets of the budgetary system of the Russian Federation or the prices of goods, works, services, the quantity, volume of which is reduced and which were the subject of an administrative offense. |
| RF Code of Administrative Offenses | Article 7.32.1. Violation of the term and procedure for payment for goods (works, services) for state needs under the state defense order Violation by an official of the state customer of the term and procedure for payment for goods (works, services) for state needs under the state defense order, including failure to fulfill the obligation to ensure the advance payment provided for by the state contract, shall entail the imposition of an administrative fine in the amount of thirty thousand to fifty thousand rubles. |
| Criminal Code of the Russian Federation | Article 285.1. Misappropriation of public funds 1. Spending of budgetary funds by an official of a recipient of budgetary funds for purposes that do not meet the conditions for their receipt, .... committed on a large scale, - shall be punishable by a fine in the amount of 100 thousand to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years, or by compulsory labor for a term of up to two years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by arrest for a term of up to six months, or by deprivation of liberty for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. 2. The same act committed: a) by a group of persons by prior agreement; b) in an especially large amount, - shall be punishable by a fine in the amount of 200,000 to 500,000 roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by compulsory labor for a term of up to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it. Note. A large amount is an amount that exceeds 1,500,000 rubles, and especially large size - 7 500 000 thousand rubles. |
| Criminal Code of the Russian Federation | Article 201.1. Abuse of authority in the execution of the state defense order 1. Use by the person performing managerial functions in a commercial or other organization, his powers contrary to the legitimate interests of this organization and for the purpose of deriving benefits and advantages for himself or other persons, if this act caused significant damage to the legally protected interests of society or the state in the course of fulfilling a state defense order, - 2. The same act: |
| Criminal Code of the Russian Federation | Article 285.4. Abuse of official powers in the performance of the state defense order 1. The use by an official of his official powers contrary to the interests of the service, if this deed was committed out of mercenary or other personal interest and caused a significant violation of the legally protected interests of society or the state in the course of fulfilling a state defense order, - shall be punishable by a fine in the amount of one million to three million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years, or by deprivation of liberty for a term of four up to eight years with a fine in the amount of five hundred thousand to one million rubles or in the amount of the salary or other income of the convicted person for a period of three to four years with deprivation of the right to hold certain positions or engage in certain activities for up to three years. 2. The same act: a) committed by an organized group; b) causing grave consequences, - shall be punishable by imprisonment for a term of five to ten years with the deprivation of the right to hold certain positions or engage in certain activities for up to five years. |
275-FZ "On the state defense order" dated December 29, 2012 includes provisions that establish the basic concepts and requirements for the implementation of state control in the field of state defense orders. Chapter 5.1, which regulates the supervision of the state defense order, was introduced on June 29, 2015 through 159 Federal Laws.
The rules in this chapter govern:
- functionality of the body responsible for control in the field of state defense order;
- his authority;
- procedures for providing information to the supervisory authority;
- carrying out verification activities, the rights of employees-controllers, procedures for checking documents, requirements for attracting additional documentation, drawing up protocols and fixing the results of inspections;
- duties of the supervisory authority.
Key features by state control and supervision in the field of state defense orders from 01.01.2015 is carried out by the Federal Antimonopoly Service (clause 16 of article 3 275-FZ). FAS conducts activities for the control and supervision of the State Defense Order, covering all stages from planning to placing orders and executing contracts. After the conclusion of the contract, control by the FAS is no longer carried out, since the body no longer has the authority to issue instructions. However, when the contract is terminated, the customer and the contractor can be held administratively liable.
According to the Regulation of the FAS (clause 5.3.1.1), the service controls:
- the procedure for setting prices for products of the state defense order;
- compliance with the requirements and provisions of the current legislation in the field of state defense orders by customer organizations, prime executors and executors.
When conducting control measures, the FAS is guided by the norms of legislation in the field of state defense orders, procurement activities, as well as state regulation of prices and tariffs. The control is exercised through unscheduled inspections according to the laws 44-FZ, 135-FZ (“On Protection of Competition”) and 275-FZ.
Supervision is carried out both on the part of procurement procedures (44-FZ, 135-FZ), and directly on the specifics of the state defense order (44-FZ and 275-FZ).
Innovations in matters of state defense control
From 01/01/2018, new rules for supervision in the field of state defense order, which are detailed in the updated Chapter 5.1 of Federal Law No. 275, came into force. They establish:
- the practice of conducting control measures;
- bringing to administrative responsibility for violations committed in the State Defense Order;
- the introduction of criminal liability for crimes in the field of state defense orders, the application of a new procedure for initiating and considering criminal cases (FZ-469 of December 29, 2017);
- application of the RNP register for performers who refused to conclude a contract (Government of the Russian Federation No. 1585 dated 12/19/2017);
- designation of approaches of regulatory authorities to verification of the intended use of funds;
- strengthening banking and treasury control (Government of the Russian Federation No. 1680 dated December 28, 2017);
- description of the grounds for carrying out verification activities;
- increasing the powers of the Federal Antimonopoly Service to check the unreasonable overpricing of state defense order products.
RF GD No. 1680 approves new rules for treasury support, which fully controls mutual settlements under government contracts concluded for state defense orders. Now, treasury support is subject to settlements under contracts in the amount of 100,000 rubles or more, including under agreements concluded as part of the execution of such government contracts.
From 01/01/2018, the use of budgetary funds will be carried out in the context of the integration of treasury and banking support. The intended use of budget funds will be supplemented by the mandatory control of state contracts that are in execution, throughout the entire depth of cooperation. FC and TOFC now have the authority to oversee funding data, IPC, payment schedules, vendor identification protocols and contract terms.
From January 1, the updated regulation of the FAS also came into effect. With the adoption of this provision, the basic principles of state regulation of pricing in the field of state defense orders have changed. Now the tasks to improve efficiency and productivity production process supplemented by a system of incentives to reduce costs for both public and private organizations.
Since 01/01/2018, a program has been introduced to save the institution's savings resulting from the measures taken to reduce costs and optimize the production process. The priority is also determined for the application of market prices for products sold on the market. Long-term rules have been developed and implemented for the formation of prices for products of the state defense order and the application of uniform principles for the formation of prices for all links of industrial cooperation has been established.
The new control rules are aimed at ensuring the stability of the system of state regulation of pricing in the field of state defense contracts and improving the development of long-term production development plans by organizations.
In Novosibirsk, a former military representative of the Russian Ministry of Defense in JSC Scientific Research Institute of Electronic Devices (NIIEP), one of the leading developers of control systems for various types of weapons, including high-precision missile and torpedo weapons, is suspected of abuse. According to the prosecutor's office, he signed documents with inflated prices for products, as a result of which contracts for the state defense order rose by almost 200 million rubles. The leadership of the research institute states that the supply of products was carried out at prices agreed with the customer, and the case against the military representative was inspired by his regional authorities.
In Novosibirsk, a criminal case has been opened against the former military representative of the Ministry of Defense at NIIEP. He is suspected of abuse of power with causing grave consequences (part 3 of article 285 of the Criminal Code of the Russian Federation), the Main Military Prosecutor's Office reports.
NIIEP (part of the Tekhmash Concern of the Rostec State Corporation) was established by decree of the USSR Council of Ministers in 1950. The company is a developer of on-board computing devices, on-board electronics and control systems for various kinds military equipment and a wide class of ammunition, including high-precision missile and torpedo weapons. The Institute took part in the development of over fifty products, among which missile systems"Tochka-U" and "Iskander-M", multiple launch rocket systems "Grad-M", "Smerch" and "Tornado".
The basis for the initiation of the case was the results of the inspection by the prosecutor's office of the execution of the state defense order. According to the conclusions of the supervisory authority, the military representative of NIIEP, whose name the prosecutor's office does not disclose, signed the documentation allegedly with inflated prices for products, which led to an increase in the cost of state contracts by 190 million rubles. All information about government contracts is strictly classified. It is known that the former military representative is at large. The press service of the Main Military Investigation Department of the ICR promptly failed to respond to Kommersant's request.
According to Valery Edvabnik, Deputy General Director for Development of NIIEP, the delivery of products to the customer was carried out at agreed prices. “Our former military representative is suspected of having, as it were, unreasonably signed an inflated price for our products, they are trying to accuse him of corrupt ties. So, we need to understand one point - what is the corruption connection and what was its benefit. For example, I don’t see any benefit from him, ”Mr. Edvabnik told Kommersant, noting that the origins of the criminal case should be sought in a long conflict between the military representative and his regional authorities, with whom he clearly could not work together. “The head of the regional department of the military missions has been nibbling on our military representative for the third year already - he sends endless commissions, tries to declare him incomplete service compliance. Everything didn't work out. Now I have decided to use Jesuit methods,” said Valery Edvabnik. According to the top manager, what is happening negatively affects the work of NIIEP, which may lead to the disruption of the state defense order.
Recall that in 2016 a similar case was initiated against the military representative at the Novosibirsk JSC "Katod", specializing in the production of image intensifier tubes for night vision devices. According to investigators, he included in the cost of products purchased by the Ministry of Defense from the JSC, the costs of information, legal, audit and consulting services, which led to an increase in the costs of the military department by about 114 million rubles. The investigation into this case is nearing completion.
Konstantin Voronov
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