St. Petersburg Department(FAS) vigorously fines defense enterprises. The goal of the FAS is to return up to 10% of the amount of the state defense order to the federal budget.
For the purchase of weapons in In 2016, about 2 trillion rubles were allocated. The head of the FAS promised the Prime Minister of the Russian Federation to save up to 200 billion rubles this year.
Now all territorial divisions FAS is trying to fulfill the promise of the head of their department. The FAS central office expects that the St. Petersburg antimonopoly service, which oversees 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 inflating prices) in the amount of 10% of turnover, then it will be 30 billion rubles.
Since the beginning of 2016, the St. Petersburg office has conducted six inspections and reviewed 35 complaints. As a result, 39 officials were brought to administrative responsibility and fined - so far 1.3 million rubles.
"The amount of fines is growing rapidly,- says Oleg Zaika, deputy head of the department - head of the department for control 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 inflated by 30%. As a result of considering these cases, we hope to issue orders for the return of tens of millions of rubles to the budget." The state defense order is financed from federal budget, and if fines go there, then we can say that the state is saving on state defense orders, explains the specialist.
There are few of us, but we are in FAS
Until January 1, 2015, he controlled the execution of military orders. But it was abolished and transferred to the FAS Russia most of powers: control over the placement and execution of state defense orders, and the use of budget allocations.
Administrative cases in production Petersburg OFAS is several times more than they were considered by Rosoboronzakaz, notes Oleg Zaika. "We evaluate the compliance of products, components, their range and production time technical specifications and terms of the contract. In practice, this comes down to the fact that we strictly control the timing of the execution of state defense orders and initiate large quantities administrative matters. Employees of the prosecutor’s office also help us with this,” says the expert.
In the area of responsibility of the St. Petersburg The OFAS covers defense enterprises of 11 regions of the North-West - 170 lead contractors of defense orders and several hundred related enterprises. Their activities are supervised by six people from the St. Petersburg department for control of the state defense order.
How to avoid punishment
Most often, regulatory authorities identify untimely execution of contracts. For failure to comply with deadlines, an official is fined 30–50 thousand rubles, and for repeated violation within a year, the director faces disqualification.
Defense industry executives have learned evade responsibility, they say at the Federal Antimonopoly Service. 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 the contract, are assigned responsibility for the execution of the state defense order under this particular contract.
Then, when deadlines are missed, The deputy receives the fines. In extreme cases, he can be disqualified, and general manager will remain.
There are still many complaints about non-compliance with the national procurement regime. Now, according to a certain nomenclature, it is possible to purchase only Russian-made goods.
Thus, the Komi Administration placed an application for the supply of spare parts to supply telephone exchanges throughout the subject of the Federation. The customer demanded that only Russian products be supplied. Nine companies applied for the auction. Six promised to supply products from various countries, but not Russian ones. Moreover, one of them rightfully stated that such spare parts are not produced in Russia. Three more participants agreed to supply Russian spare parts.
The participant who proved that in Such spare parts are not produced in the Russian Federation, I 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 auction participants. “We recognized the complaint as unfounded, since there was still hope that somewhere in Russia they were still able to organize the production of the necessary spare parts,” says Oleg Zaika. But later the Federal Antimonopoly Service conducted an unscheduled inspection of the execution of this contract. “We obtained an examination, and it turned out that the goods supplied 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 included this company in the register of unscrupulous suppliers,” summarizes Oleg Zaika.
What kickbacks
Representatives of the defense industry interviewed by "DP" enterprises in unison declare that problems with the timing of execution of state defense orders are encountered at almost every step. And they are caused mainly by the application of the new law on state defense procurement, which violated established cooperation ties.
Which builds tugboats and boats for the military, has already been fined by the Federal Antimonopoly Service for failure to meet deadlines and has not officially commented on anything. But a source close to the enterprise in the Association of Shipbuilders and Shiprepairers of Russia said that the latest legislative initiatives create many difficulties. “The law on state defense procurement is correct, but it is not directly applicable. It contains more than 10 references to decrees of the Russian government. And the government issues decrees that contradict the law. All these problems need to be corrected,” says the expert.
Mikhail Saenko, General Director of JSC"NPO" adds that very few applications for competitions are submitted, and after the cancellation of the advance payment there will be even fewer people willing to participate in the auction. "In the last competition in which we participated, for the first time our application was the only one. And all because the winner will not receive an advance,” says the expert. Some consider this practice justified. “Sometimes the winner receives an advance, but does not complete the work and goes bankrupt,” says Ekaterina Ilyina, senior lawyer at the A2 law office.
So the defense industry has to again form a pool of suppliers, take out loans, which leads to missed deadlines and fines. Some enterprises are trying, with the help of the FAS, to oblige suppliers to enter into contracts. But only a monopolist can be forced by the FAS to conclude a contract, and if a supplier operates in a competitive market, then it cannot be forced.
Suspected of price gouging According to the state defense order, the Federal Antimonopoly Service does not name it, so as not to have time to think through countermeasures. It can be assumed that most often this situation arises when the price has to include the amount of remuneration to the persons distributing the state defense order. But industrialists deny this. “What kind of kickbacks are there now?! Nobody thinks about this now. The screws are so tightened that it is impossible to buy at government expense not only a good gift for a partner, but also buy soap - and that’s a problem,” exclaims one of the industrialists.
The main problem today is not the FAS, but the state defense financing system. Think about it: the company has money in the bank that will be transferred to it for completing the order, but the company cannot receive it to complete the work, but must take out a loan. Someone must cover the cost of servicing the loan. Who can do this? Only the customer. As a result, products become more expensive. In addition, banks simply do not provide loans. For example, a plant has an annual revenue of 4 billion rubles, and to fulfill the contract it needs to take out 1 billion on credit. But the bank has not given him this money for three months now.
275-FZ “On State Defense Order” dated December 29, 2012 includes provisions establishing the basic concepts and requirements for the execution of state control in the field of state defense orders. Chapter 5.1, regulating the supervision of state defense orders, was introduced on June 29, 2015 through Federal Law 159.
The rules of this chapter regulate:
- functionality of the body responsible for control in the field of state defense procurement;
- his powers;
- procedures for providing information to the regulatory authority;
- carrying out inspection activities, the rights of supervisory workers, procedures for checking documents, requirements for the use of additional documentation, drawing up protocols and recording the results of inspections;
- responsibilities of the supervisory authority.
Key functions by state control and supervision in the field of state defense procurement since 01/01/2015 has been carried out by the Federal Antimonopoly Service (clause 16 of article 3 275-FZ). FAS carries out activities for 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 orders. However, if the contract is terminated, the customer and the contractor can be held administratively liable.
According to the FAS Regulations (clause 5.3.1.1), the service controls:
- the procedure for setting prices for state defense procurement products;
- compliance with the requirements and provisions of the current legislation in the field of state defense orders by customer organizations, lead contractors and executors.
When carrying out control activities, FAS is guided by the norms of legislation in the field of state defense procurement, procurement activities, as well as state regulation of prices and tariffs. The control itself is carried out through outside scheduled inspections according to laws 44-ФЗ, 135-ФЗ (“On Protection of Competition”) and 275-ФЗ.
Supervision is carried out both from the procurement procedures (44-FZ, 135-FZ) and directly according to the specifics of the state defense order (44-FZ and 275-FZ).
Innovations in matters of control of state defense orders
From 01/01/2018, new supervision rules in the field of state defense procurement came into force, detailed in the updated Chapter 5.1 of Federal Law No. 275. They establish:
- practice of carrying out control activities;
- bringing to administrative responsibility for violations committed in the State Defense Order;
- introduction of criminal liability measures for crimes in the field of state defense procurement, 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 (RF RF No. 1585 dated December 19, 2017);
- designation of approaches of regulatory authorities to verification of intended use cash;
- strengthening banking and treasury control (RF RF 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 unreasonably inflated prices for state defense procurement products.
RF PP No. 1680 approves new rules for treasury support, which fully controls mutual settlements under government contracts concluded for state defense products. Now settlements under contracts worth 100,000 rubles and above are subject to treasury support, including under agreements concluded as part of the execution of such government contracts.
From 01/01/2018 use budget funds will be carried out in conditions of integration of treasury and banking support. The targeted use of budget funds will be complemented by mandatory control of government contracts being executed to the full extent of cooperation. Now FC and TOFK have the right to supervise information on the volume of financing, IKZ, payment plans and schedules, protocols for identifying suppliers and contractual terms.
On January 1, the updated FAS regulations also came into effect. With the adoption of this provision, the basic principles of state regulation of pricing in the public defense sector have changed. Now the tasks to improve efficiency and productivity production process supplemented by a cost reduction incentive system for both public and private organizations.
From 01/01/2018, a program was introduced to preserve the institution’s savings resulting from measures taken to reduce costs and optimize the production process. Application priority has also been determined market prices for products sold on the market. Long-term rules for setting prices for products of the state defense order have been developed and implemented, and the application of uniform principles for setting prices for all levels of industrial cooperation has been established.
The new control rules are aimed at ensuring the stability of the state regulation system of pricing in the field of state defense orders and improving the development of long-term production development plans by organizations.
In Novosibirsk, a former military representative of the Russian Ministry of Defense at 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 abuses. According to the prosecutor's office, he signed documents with inflated prices for products, as a result of which contracts for state defense orders increased in price by almost 200 million rubles. The management of the research institute states that the products were supplied at prices agreed with the customer, and the case against the military representative was inspired by his regional superiors.
A criminal case has been opened in Novosibirsk against the former military representative of the Ministry of Defense at NIIEP. He is suspected of abuse of power causing grave consequences (Part 3 of Article 285 of the Criminal Code of the Russian Federation), reports the Main Military Prosecutor's Office.
NIIEP (part of the Tekhmash concern of the Rostec state corporation) was created by decree of the Council of Ministers of the USSR in 1950. The company is a developer of on-board computing devices, on-board electronics and control systems for various types military equipment and a wide class of ammunition, including precision-guided missiles and torpedo weapons. The Institute took part in the development of over fifty products, including missile systems"Tochka-U" and "Iskander-M", jet systems multiple rocket launchers "Grad-M", "Smerch" and "Tornado".
The basis for initiating the case was the results of an inspection by the prosecutor's office of the execution of the state defense order. As stated in the conclusions of the supervisory agency, the military representative of NIIEP, whose name the prosecutor’s office does not disclose, signed documentation allegedly with inflated prices for products, which led to an increase in the price of government 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 Investigative Committee was unable to promptly respond to Kommersant’s request.
According to Deputy General Director for Development of NIIEP Valery Edvabnik, products were supplied to the customer 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 corruption. So, we need to understand one thing - what is the corruption connection and what was its benefit. For example, I don’t see any benefit from it,” Mr. Edvabnik told Kommersant, noting that the origins of the criminal case should be sought in the long-term conflict between the military representative and his regional superiors, with whom he clearly could not work together. “Our military representative’s chief regional department The departments of military missions have been gnawing for the third year now - sending endless commissions, trying to declare him incomplete for service. Everything didn't work out. Now I have decided to act using Jesuit methods,” said Valery Edvabnik. According to the top manager, what is happening is negatively affecting the work of NIIEP, which could lead to the disruption of the state defense order.
Let us recall that in 2016, a similar case was initiated against the military representative at the Novosibirsk JSC Katod, which specializes in the production of electron-optical converters for night vision devices. According to the investigation, he included in the cost of products purchased by the Ministry of Defense from JSC the costs of information, legal, audit and consulting services, which led to an increase in military department costs by approximately 114 million rubles. The investigation into this case is nearing completion.
Konstantin Voronov
In 2016, the company entered into a state defense contract. In 2018, the prosecutor's office requests constituent and primary documents. Does the prosecutor's office have the authority to fine the company on this issue?
Question: In 2016, our company entered into a state defense contract. In 2018, the prosecutor's office requests 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 company on this issue? Are there any deadlines established by law for the provision of documents? commercial entities to the prosecutor's office?
Answer: Yes, I have. The demands of the prosecutor arising from his powers are subject to unconditional execution in deadline(Article 6 of the Federal Law “On the Prosecutor’s Office”, hereinafter referred to as the Law)
Rationale
Federal Law of January 17, 1992 No. 2202-1
About the prosecutor's office Russian Federation
Article 6. Obligation to fulfill the demands of the prosecutor 230
1. The demands 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 copies thereof, necessary when carrying out the functions assigned to the prosecutor’s office, are presented 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 during inspections of the implementation of laws - within two working days from the date of presentation of the prosecutor’s request. The prosecutor's request may set longer terms.
If the inspected body (organization), within the period established in accordance with the first sentence of paragraph one of this paragraph for the submission of the requested statistical and other information, documents and materials or copies thereof, notifies the prosecutor in writing outlining objective reasons about the impossibility of representation specified information, documents, materials or copies thereof within the established period, the prosecutor decides to set a new deadline 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, state security, if available emergency situations of a natural and man-made nature, the necessary information, documents and materials or copies thereof are submitted within 24 hours from the receipt of the prosecutor’s request.
3. Failure to comply with the demands of the prosecutor arising from his powers, as well as evasion of appearing when summoned, entails liability established by law.
Article 21. Subject of supervision
1. The subject of supervision is: 151 compliance with the Constitution of the Russian Federation and execution of laws in force on the territory of the Russian Federation by federal executive authorities, Investigative Committee of the Russian Federation, representative (legislative) and executive bodies state power subjects of the Russian Federation, bodies local government, military administration bodies, control bodies, their officials, subjects of public control over ensuring human rights in places of forced detention and assistance to persons in places of forced 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. The prosecutor, when performing the functions assigned to him, has the right: 110 upon presentation of his official identification, 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 information about the facts received by the prosecutor's office violations of the law; demand from managers and other officials of these bodies to submit necessary documents and materials or copies thereof, statistical and other information within the time frame and manner established by clauses 2, 2.1, 2.3, 2.4, 2.5 of Article 6 of this Federal Law; assigning specialists to clarify issues that have arisen; conducting inspections based on materials and appeals received by the prosecutor's office, auditing the activities of organizations controlled or subordinate to them; 1call officials and citizens for explanations regarding violations of laws.
2. The prosecutor or his deputy, on the grounds established by law, initiates proceedings for an administrative offense, demands that persons who have violated the law be brought to other liability established by law, and warns against the inadmissibility of violating the law.
3. The prosecutor or his deputy, if it is established that the law has been violated by the bodies and officials specified in paragraph 1 of Article 21 of this Federal Law: 35 release by his resolution persons illegally subjected to administrative detention on the basis of decisions of non-judicial bodies; protest legal acts contrary to the law, appeal to a court or arbitration court demanding that such acts be declared invalid;
makes a proposal to eliminate violations of the law.
4. Officials of the bodies specified in paragraph 1 of Article 21 of this Federal Law are obliged to begin fulfilling the requirements of the prosecutor or his deputy to conduct inspections and audits immediately.
Alexander Sorokin answers,
Deputy Head of the Operational Control Department of the Federal Tax Service of Russia
“Cash payment systems should be used only in cases where the seller provides the buyer, including its employees, with a deferment or installment plan for payment for its goods, work, and 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 repayment of such a loan, or itself receives and repays a loan, do not use the cash register. When exactly you need to punch a check, look at
Has your customer suggested opening a special bank account or a personal account with the treasury? He proposed to work according to the scheme: delivery 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 the joke about students who, when asked: - How much time do you need to learn Chinese? They answer: - When should I take it?
In fact, the question should be posed differently. And not even: - How to continue to work with the special account?, but: - How to work with the state defense order (hereinafter referred to as the State Defense Order)?
If you become an executor of a state defense order, you are obliged to work within the framework of Law 275 Federal Law of December 29, 2012 “On State Defense Order”. This means that you need to inform your suppliers that contracts are concluded for the purpose of fulfilling the State Defense Order (the presence of an IGK is required, special requirements for the content of the contract), monitor the intended use of funds, do not inflate the price, keep separate records, etc. Separate accounting of state defense orders differs significantly from accounting and tax accounting (other requirements for the composition of costs, accounting policies, primary documents etc.).
Not all costs recognized in tax and accounting, 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. No. 334, under previously concluded agreements - by Order No. 200 dated August 23, 2006.
Organizations implementing the State Defense Order provide a REPORT ON THE EXECUTION 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. Support of state standards and state defense orders:If the customer is the Ministry of Defense, state defense contractors (regardless of the level of cooperation) are required to open separate accounts in an authorized bank to make payments. The remaining state defense contracts are supported by the Federal Treasury (TOFK). First we will look at how to work with an authorized bank, then with TOFK.
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, and the presence of the IGK. The bank may suspend operations if funds are written off to transfer profits, wages, payment of taxes and fees in amounts exceeding the standards.
For an authorized bank, it is important that the contract contains absolute values: 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 reserve.
Each performer has the right to a limit of three million rubles per month (chief executive 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, OBS) to other bank accounts for purposes not prohibited by the OBS use regime, including for the supplied goods. For example, payment for hotels, air tickets, licenses, commission for issuing bank guarantee etc.
In principle, if the contract amount is not large, you can become a government defense 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 being carried out within the framework of a 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 purposes for which the contract is being implemented.
Let's return to the issue of supplying products under the state defense order from existing stocks.
Firstly. Before signing the contract, you reserve an account with an authorized bank (based on a letter from the customer), and provide the details to your customer.
Secondly. The contract must stipulate the possibility of transferring funds in order to reimburse expenses incurred due to own funds(except for funds 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 Federal Law of December 29, 2012 “On State Defense Order”. The contract must contain a condition on the amount of compensation in absolute terms ( specific amount, VAT allocated). The bank will not accept the additional agreement.
Thirdly. You will be able to transfer funds from a special account to a regular current account only after the contract has been fully completed. To do this, you must provide the bank with:
- a contract with all appendices and additions (an extract from the contract containing state secrets), which contains a condition for compensation;
- act of acceptance and transfer of goods;
- payment orders confirming the actual expenses of the contractor at his own expense;
- other documents (waybills, account statements, statements of reconciliation of payments, etc.). The list depends on the bank.
May be required cover letter, the text of which contains information that the submitted relevant documents to order No.____ dated__________ confirm the contractor’s payment of expenses for the formation of a stock of products, raw materials, materials, semi-finished products, components necessary for the implementation of the state defense order within the framework of the execution of contract No._____ dated______________ .
IMPORTANT! Reimbursable costs must be incurred before the contract is concluded.
Fourthly. In the payment order for debiting funds from OBS, you must indicate the following required details:
- IGK;
- OBS of the recipient, with the exception of permitted transactions on other recipient accounts;
- 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 clause of the Law) of the corresponding permitted transaction;
- if the amount of the payment order is less than the amount of the supporting document, then the purpose of the payment must indicate “Partial payment...”
ATTENTION! Problems may arise with reimbursement of costs and transfer of profits if your customer paid for part of the contract for a government defense order from his bank account (bypassing a separate account). In this case, the authorized bank will consider that your contract not fully 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 goods supplied, 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 in the 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. Allowed operations:
a) return of funds credited to a separate account due to an error by the payer or credit institution;
b) return of the performer’s own funds to the bank account from which the specified funds were received, in an amount not exceeding that previously credited.
Fifthly. A special (separate) account can be closed either after full execution of the State contract and receipt of the corresponding notification from the bank, or in connection with a transfer to another authorized bank. Notifications about 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 a Separate Account, after receiving the appropriate notification, you must submit to the bank an application for termination of the contract for banking support of the State Defense Order and the closure of a separate account indicating the details for transferring the balance of funds.
Ask a specialist: what to do to prevent money from getting “stuck” in a special account.
: +7 911 006 72 37
: info@site
Treasury support of the State Defense Order.
The main documents regulating treasury support of state defense orders in 2020 are Decree No. 1819 dated December 25, 2019, Order of the Ministry of Finance of the Russian Federation dated December 10, 2019 No. 220n.
These documents determine which contracts are subject to treasury support, what mandatory conditions must be specified in the contract, the list of permitted and prohibited transactions, the procedure for authorizing expenses, etc.
Separate accounting of state defense orders for treasury support differs from similar accounting for banking support and is regulated by the Order of the Ministry of Finance of the Russian Federation dated December 25, 2019. No. 255n. But essentially 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 separate accounting and expenditure of state defense funds.
Treasury support can act as treasury security for obligations. The difference between ordinary support and security of obligations 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, and services supplied 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 the debiting of funds from other bank accounts. From a personal account you can transfer to a regular settlement account of a supplier under an agreement concluded in the amount of 300 thousand rubles or less.
In the case of delivery of state defense products from existing stocks with treasury support, the contract with the customer (previous level contractor) must provide for the possibility of reimbursement of expenses incurred.
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 state defense orders at the stage of concluding a contract.
Firstly, there are key phrases that need to be included in the contract with the customer.
Secondly, there are nuances that should be discussed with suppliers before processing documents. Thirdly, there is an algorithm for working with state defense orders, including calculating prices, profits, maintaining separate records, preparing primary and reporting documentation, etc. This is a lot of work. And it’s better to immediately know exactly where and how to put your efforts, so as not to redo it in the future.
It’s easier to catch a rare Pokemon than to put together all the regulatory documents necessary to fulfill the state defense order. It's even harder to understand the details. Chat with a real person and find out all the unclear questions. Save your time, nerves and money.
STC APB. Support of state defense orders.
We work from 8:00 to 19:00 Moscow time.You can request a contract by email info@site
Ask a question by phone. +7 911 006 72 37 , or Contacts
Full list of legislative acts of responsibility of state defense order executors
| Violation | Sanctions |
|---|---|
| Action (inaction) that leads 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 (sales) of products under the state defense order of costs not related to their production (sales). | A fine of twice 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 records (distortion of expense amounts 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 during the implementation of the State Defense Order, resulting in 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 the Deputy Head of the FAS of Russia, Daniil Fesyuk, in terms of control over state defense orders, the FAS is in the general trend of transition to a risk-oriented approach, a decrease in general pressure, transition to reacting only to pressing problems and issues. Moreover, the Federal Antimonopoly Service of 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 limit.
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 a 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 state orders (not GOD).
Secondly, there are differences in the separate accounting of funds received on the basis of government contracts with banking and treasury support.
Thirdly, separate accounting in government orders and state defense orders differs significantly from accounting and tax (different composition of costs, procedure for distributing overhead costs, financial results).
The costs of state defense products must be justified.
Entrepreneurs participating in the state defense order first try, no matter what, to get a large order, and then begin to think about how to achieve perfection and come to an error-free, fault-tolerant and skin-saving result. It is clear that the crisis is universal, it is difficult for everyone. The time has come to reduce specialization and division of labor, and consciously increase risks. It is necessary to completely break the control matrix. How to create “pressure” on employees who are even real work manage to show virtual results, and thus increase the company’s income. .
Basic documents defining the procedure for working with state defense orders.
| Regulatory document | Document text fragment | Comment |
|---|---|---|
6) determines in contracts concluded with other performers, prerequisite on the implementation of settlements under such contracts using for each contract a separate account opened in an authorized bank selected by the main contractor; 7) uses only separate accounts for contract settlements, opened in an authorized bank to other performers with whom the performer has contracts, if the performers have agreements on banking support concluded with the authorized bank; 8) provides at the request of the state customer, financial monitoring body, head executor, other executor, bank...... within five working days from the date of receipt specified request information about each contractor involved by him for the purpose of fulfilling the contract (full name of the contractor, his address (location), telephone numbers of the manager, taxpayer identification number, reason code for registration with the tax authority) and other information, the provision of which is provided for herein Federal law; 11) provides the main contractor with information about each case of concluding a contract with other contractors within the framework of cooperation; |
Executor: 1. Conducts payments himself using a special account. 2. Obliges its counterparties to conduct settlements from a special account; 3. Provides, upon request, the manager’s telephone numbers, taxpayer identification number, reason code for registration with the tax authority) and other information about his suppliers. 4. Includes in contracts with its suppliers the condition that contracts are concluded and executed in order to fulfill the state defense order. |
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| 275 Federal Law dated December 29, 2012 “Federal Law on State Defense Orders” | Article 8.2. Main responsibilities of the performer: 16) maintains separate records results of financial and economic activities for each government contract; 17) provides, at the request of the lead contractor, information on the costs of executed contracts; |
State Defense Contract executors must first of all confirm the very fact of the existence of separate accounting. |
| 275 Federal Law dated December 29, 2012 “Federal Law on State Defense Orders” | Clause 3.1 Article 7.1 the performer has the right: include, in agreement with the main contractor, the contractor in the contract a provision for compensation (compensation) after the execution of the contract, within the contract price, for expenses 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 availability of stock. |
| 44 Federal Law of 04/05/2013 "ABOUT contract system in the field of procurement" | Clause 10 Article 99 Control body in the field of state defense procurement exercises control... in relation to: 1) compliance with the requirements for justification and validity of procurement; 2) standardization 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 liability measures and taking other actions in case of violation by the supplier (contractor, performer) of the terms of the contract; 5) compliance of the goods supplied, the work performed (its result) or the service provided; 6) timeliness, completeness and reliability of the reflection in accounting documents of the goods supplied, the work performed (its result) or the service rendered; 7) compliance of the use of the delivered goods, the work performed (its result) or the service provided for the purposes of the procurement. |
Inspections in the field of state defense procurement. |
| Decree of the Government of the Russian Federation dated December 2, 2017 N 1465 | Regulations on government regulation prices for products supplied under government defense orders. 9. The price for the products specified in paragraph 6 of these Regulations is determined using one of the following methods: method of analyzing market indicators; method comparable price; 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 it has not been previously formed base price, the price of products is determined by the cost method. If the base price for the product was previously formed, the price for the product for the next year and planning period is determined using: base price indexation method; method of indexation by cost items. |
Installs: 1. Goals and principles of state regulation of prices for state defense products; 2. Methods for determining prices for products supplied under the state defense order; 3. The procedure and conditions for applying types of prices for state defense products; 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 dated January 31, 2018 No. 116/18 | 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 02/08/2019 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. | List of costs accepted in the state defense order, procedure for distribution of 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 participating in the supply of products under the state defense order and included in the cooperation of the lead contractor for the supply of products under the state defense order as part of the supported transaction. | The procedure for working with foreign suppliers within the framework of the State Defense Order. |
| Decree of the Government of the Russian Federation of January 14, 2017 No. 9 | 1. Establish a ban on the admission of goods originating from foreign countries (except for goods on the list according to the appendix and goods originating from member states of the Eurasian Economic Union), work (services) performed (rendered) by foreign persons (except for persons of states - members of the Eurasian Economic Union), for the purpose of purchasing goods, works (services) for the needs of national defense and state security, except for cases where the production of such goods, performance of works and provision of services is absent on the territory of the Eurasian Economic Union. | The procedure for prohibitions and restrictions on the use of imported goods has been changed. |
| Decree of the Government of the Russian Federation of December 26, 2013 № 1275 |
12. The state contract establishes its price, type of price, as well as the conditions and procedure for its formation (calculation), advance payment of work and mutual settlements. The price of a government contract concluded as a result of competitive methods for determining the lead contractor or with a single lead contractor is formed in accordance with the federal laws “On State Defense Order” and “On the Contract System in the Sphere of Procurement of Goods, Works, and Services to Meet State and Municipal Needs” . |
The document defines the approximate terms of the government contract for the state defense order. |
| Decree of the Government of the Russian Federation of December 25, 2014 № 1482 |
1. Requirements, if established, the state the customer has the right not to establish a requirement to ensure the execution of a government contract, are: existence on the right of ownership or other legally production capacity And technological equipment for the execution of a government contract; financial stability and solvency; availability of specialists with vocational education, corresponding to the corresponding qualification requirements who entered into a state defense order with a participant employment contracts required in accordance with the procurement documentation. |
The document defines the requirements for participants in placing a state defense order and their 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 applying price indices and deflator indices by type economic activity..... for products supplied under state defense orders | How to use price indices. |
| Order of the Federal Tariff Service of Russia dated August 2, 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 amount of which is subject to indexation. |
| Decree of the Government of the Russian Federation of January 19, 1998 N 47 | Rules of conduct for organizations performing government order at the expense of the federal budget, separate accounting of the results of financial and economic activities. | Rules for maintaining separate records. |
| Decree of the Government of the Russian Federation of December 19, 2017 № 1585 |
On approval of the Rules for the formation and maintenance of a register of legal entities held administratively liable for refusal or evasion of concluding a contract, for which the conclusion of such a contract is mandatory in accordance with the Federal Law “On State Defense Order”. | 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 № 1203 |
On approval of the List of information classified as state secrets | |
| Decree of the Government of the Russian Federation dated February 28, 2019 N 223 |
About the peculiarities of holding closed electronic procedures and the procedure for accreditation at specialized electronic platforms | List of customers carrying out 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 actual expenses associated with the formation of the reserve necessary for the manufacture of products with a long technological production cycle in order to fulfill the state defense order. | A form has been established for the summary calculation of the amount of stock. |
| Decree of the Government of the Russian Federation dated February 1, 2018 No. 93 | 2. Establish the frequency of scheduled inspections by the Federal Antimonopoly Service of the main 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 established by federal laws: no more than once every 3 years for lead contractors whose activities are classified as medium risk; no more than once every 5 years for lead contractors whose activities are classified as a moderate risk category; no more than once every 10 years for lead performers, performers whose activities are classified as low risk. |
The criteria are classified information that is not subject to publication in open sources. |
| Decree of the Government of the Russian Federation dated August 11, 1995 No. 804 | 8. Military missions are entrusted with: participation in the preparation and coordination of contracts for the supply of military products.....; checking the quality and completeness of accepted military products, their compliance with the requirements of technical documentation, as well as concluded government contracts (contracts); acceptance of military products within the time limits stipulated by government contracts (contracts), issuance of certificates to organizations for accepted products; ........ issuing opinions on the price of military products, including forecast prices. |
Regulations on military missions 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, provide a report monthly no later than the 10th day of the calendar month following the reporting month. 2. Other organizations submit a report at the request of the Ministry of Defense. |
Procedure and deadlines for submitting a Report on the execution of a government contract |
| Order of the Ministry of Defense of the Russian Federation dated November 19, 2018 No. 670. | On determining the composition and format for presentation by the head executors, executors (organizations performing 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 Decree of the Government of the Russian Federation of January 19, 1998 No. 47 | Format for submitting a Report on the execution of a government contract |
| NEW! Order of the Ministry of Defense of the Russian Federation dated November 21, 2019 No. 686. | On amending paragraph 2 of the procedure and deadlines for submitting by organizations fulfilling the state defense order, in which military representative offices of the Ministry of Defense of the Russian Federation have been established, a report on the execution of a state contract, a contract provided for by the Rules for maintaining separate accounting of financial results by organizations fulfilling the state defense order 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 said report from other organizations... | The deadline for submitting the report was changed from the 10th to the 25th |
| Order of the Federal Antimonopoly Service of Russia dated March 23, 2018 No. 362/18. | On approval of the procedure for reviewing information on facts of increases by suppliers (performers, contractors) in 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 inflating prices for state defense products |
| Order of the Federal Antimonopoly Service of Russia dated June 17, 2019 N 772/19. | On approval of the form for submitting information to the antimonopoly authority about the fact that the supplier (contractor, performer) 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 of October 11, 2012 No. 1036 | On the specifics of assessing the conformity of defense products (works, services) supplied under the state defense order, design processes (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sale, disposal and disposal of these products | Definitions given life cycle, production, design, etc. State Defense Products |
| 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 generating a state contract identifier for a state defense order | government contract identifier (GCI) |
| 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 of the production cycle for manufacturing products | 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 quotas for mandatory supplies (state reservation) of the most important types of material and technical resources and the formation of their list and volume for fulfilling the state defense order | Quotas in cases of non-placement of government by customers at auctions of orders. |
| Decree of the Government of the Russian Federation of July 18, 2019 N 932 | Purchasing 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: absence of the manager, members of the collegial executive body, a person performing the functions of the sole executive body, chief accountant of a legal entity - a participant in the procurement of a criminal record under Articles 201.1, 238, 285, 285.4 and 286 of the Criminal Code of the Russian Federation. |
Procurement with limited participation, two-stage tenders, closed tenders with limited participation, closed two-stage tenders or auctions |
| Directive of the Central Bank of the Russian Federation dated July 15, 2015 N 3729-U | 2. The 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... for payment of taxes and fees, customs duties, insurance premiums.... in total exceeding 50 percent from the contract price; write-off of funds... towards the transfer of profit... in an amount exceeding 20 percent from the contract price; |
Criteria for suspended operations. |
| Directive of the Central Bank of the Russian Federation dated November 22, 2016 No. 4210-U | When the contractor transfers funds aimed at reimbursement of expenses for stock formation, the bank exercises control over: - not exceeding the amount; - payment by the contractor of expenses for stock formation; - full fulfillment by the customer of obligations under the contract; - compliance with the amount of the goods acceptance certificate. |
Features of monitoring payments for state defense orders. |
| Directive of the Central Bank of the Russian Federation dated July 15, 2015 N 3733-U | On the procedure for submitting information by an authorized bank to a single information system state defense order | From 03/01/2019, one separate invoice for payment under this contract. |
| Letter of the Federal Antimonopoly Service of Russia dated February 14, 2019 No. AK/11005-PR/19 | On the conclusion of government 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 December 2, 2017 No. 1465 | Contract terms at indicative and cost-reimbursable prices. |
Responsibility of the State Defense Order executor.
| Regulatory document | Document text fragment |
|---|---|
| Article 14.49. Violation mandatory requirements in relation to defense products (work performed, services provided) ...... 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. | |
| Code of the Russian Federation on administrative offenses | Article 14.55. Violation of the terms of a state contract for a state defense order or the terms of an agreement concluded for the purpose of fulfilling a state defense order 2.1.Violation official the main executor of the deadline and procedure for payment for goods (work, services) supplied (performed, rendered) under a state defense order, including failure to fulfill the obligation to provide an advance, - shall entail 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 a state contract for a state defense order, committed by a person specified in parts 1, 2 or 2.1 of this article, entails disqualification of the official for a period of up to three years. |
| Code of the Russian Federation on administrative offenses | Article 14.55.2. Actions (inaction) of the main contractor, contractor, which lead or may lead to an unreasonable increase in the price of products under the state defense order, non-fulfillment or improper execution of the state contract under the state defense order 1. Commitment by the main executor, executor of actions (inaction) prohibited by the legislation of the Russian Federation in the field of state defense procurement, if such actions (inaction) lead or may lead to an unreasonably inflated price for products under a state defense order, non-fulfillment or improper execution of a state contract.... - 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 one million rubles. 2. The inclusion by the head contractor, the 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 - in double 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. |
| Code of the Russian Federation on administrative offenses | Article 15.14. Misuse of budget funds Misuse of budget funds, expressed in the direction of budget funds budget system Russian Federation and payment of monetary obligations for purposes that do not fully or partially correspond to the goals determined by the law (decision) on the budget…. for purposes that do not correspond to the goals defined by the contract (agreement) or other document that is the legal basis for the provision of these funds, if such an action does not contain a criminal offense - entails 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 purposes other than their intended purpose. |
| Code of the Russian Federation on administrative offenses | Article 15.37. Violation of the requirement to maintain separate records of the results of financial and economic activities. 1. Failure of the main contractor, the contractor under the state defense order, to comply with the requirement to maintain separate records of the results of financial and economic activities shall entail 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 rubles. 2. Gross violation by the lead contractor, the contractor under the state defense order of the rules for maintaining separate records 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 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 of the results of financial and economic activities means a distortion of the total amounts of expenses incurred by at least 10 percent. |
| Code of the Russian Federation on administrative offenses | Article 19.4.2. Obstruction of the legitimate activities of an official of a federal executive body exercising control and supervision functions in the field of state defense procurement, 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 rubles; for legal entities - from three hundred thousand to five hundred thousand rubles. Article 19.5. Failure to comply on time with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control), municipal control…. - entails the imposition of an administrative fine on officials in the amount of fifty thousand rubles; for legal entities - five hundred thousand rubles. |
| Code of the Russian Federation on administrative offenses | Article 19.7.2. Failure to provide information and documents or submission of knowingly 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 control and supervision functions in the field of state defense procurement , a body of internal state (municipal) financial control ... - entails 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 rubles. |
| NEW! Code of the Russian Federation on administrative offenses |
Article 7.29. Making a decision on placing a state defense order with sole supplier(contractor, performer) in the event that the determination of the supplier (contractor, performer) in accordance with the legislation of the Russian Federation on the contract system in the field of procurement must be carried out through a competition or auction - entails the imposition of an administrative fine on officials in the amount of one hundred thousand rubles. |
| Code of the Russian Federation on administrative offenses | Article 7.29.1. Violation of the procedure for determining the initial (maximum) price of a government contract for a state defense order or the price of a government contract when placing a state defense order... entails 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 the supplier Russian weapons and military equipment that have no Russian analogues, a single supplier (performer, contractor), ... from concluding a government contract under a state defense order... - entails 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. |
| Code of the Russian Federation on 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 for justifying the initial (maximum) contract price, justifying the procurement object (except for the description of the procurement object) shall entail the imposition of an administrative fine on officials in the amount of ten thousand rubles. |
| NEW! Code of the Russian Federation on administrative offenses |
Article 7.32. Violation of the procedure for concluding or changing a contract 4. Changing the terms of the contract, including an increase in the prices of goods, works, services, if the possibility of changing the terms of the 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 rubles. 4.1. Changing the terms of a state contract under 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. Actions provided for in parts 4 and 4.1 of this article, if such actions entailed additional expenditure of funds from the relevant budgets of the budget system of the Russian Federation or a decrease in the number of goods supplied, the volume of work performed, services provided to meet state and municipal needs - shall entail the imposition of an administrative fine on officials, legal entities in the amount of double the amount of additionally spent funds from the corresponding budgets of the budget system of the Russian Federation or the prices of goods, works, services, the quantity, volume of which has been reduced and which were the subject of an administrative offense. |
| Code of the Russian Federation on administrative offenses | Article 7.32.1. Violation of the deadline and procedure for payment for goods (work, services) for state needs under the state defense order Violation by an official of a state customer of the deadline and procedure for payment for goods (work, services) for state needs under a state defense order, including failure to fulfill the obligation to provide an advance payment stipulated by a 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. Misuse of budget funds 1. Expenditure of budgetary funds by an official of the recipient of budgetary funds for purposes that do not comply with the conditions for their receipt, ... committed on a large scale, - shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by forced labor for a term of up to two 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 by arrest for a term of up to six months, or by imprisonment for a term of up to two 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. 2. The same act committed: a) by a group of persons by prior conspiracy; b) on an especially large scale, - shall be punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced 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 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. Note. A large amount is an amount exceeding 1,500,000 rubles, and especially large in size - 7,500,000 thousand rubles. |
| Criminal Code of the Russian Federation | Article 201.1. Abuse of authority in the implementation of state defense orders 1. Use by the person performing management functions in a commercial or other organization, their powers contrary to the legitimate interests of this organization and in order to obtain benefits and advantages for themselves or other persons, if this act entailed causing significant harm to the legally protected interests of society or the state when fulfilling a state defense order, - 2. The same act: |
| Criminal Code of the Russian Federation | Article 285.4. Abuse of official powers in the implementation of state defense orders 1. The use by an official of his official powers contrary to the interests of the service, if this act was committed out of mercenary or other personal interest and entailed a significant violation of the interests of society or the state protected by law when 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 wages or 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 imprisonment for a term of four to four years. up to eight years with a fine in the amount of five hundred thousand to one million rubles or in the amount of wages 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 a period of up to three years. 2. The same act: a) committed by an organized group; b) causing grave consequences, - punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to five years. |
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