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Chapter 7 of the RF Code of Administrative Violations is augmented by articles that establish administrative responsibility for non-observing the limitations concerning the placement of orders for the supply of goods, the performance of work, and the provision of services for state and municipal needs, for violating the regulation for the placement of an order, for providing, publishing, or placing false information concerning the placement of an order, and for violating the terms of a state or municipal contract.
It is established that the placement of orders for state and municipal needs must be effected only by way of conducting the procedures established by Federal Law No 94-FZ of 21 July 2005.
Law No 94-FZ establishes that the inclusion in a contract of the the provision concerning the responsibility of a supplier, an executor, or a contractor for non-implementing an obligation envisaged in a state or municipal contract, is mandatory. The responsibility of a customer for a delay in implementing a contract is established directly by the Law on the Placement of State Orders – it represents a penalty (a fine or a surcharge) in the amount of 1/300 of the RF Central Banks’ refinancing rate for each day of the delay. In this connection, Law No 19-FZ excludes, from a number of legislative acts, the norms establishing the specific size of a penalty for the non-implementation or improper implementation of certain types of obligations concerning the supply of products for state needs - namely, for the failure of a supplier to timely implement a state contract in terms of the volume of products to be supplied for state federal needs; for declining to conclude the contracts for the supply of products “to the RSFSR agro-industrial complex in accordance with the state order classification and the established economic ties”, and also for the short delivery of such products; and for the failure to timely implement, or to implement in accordance with stipulated obligations, a contract for the supply of grain or grain products to the federal or regional grain funds.
Law No 94-FZ regulates the relations dealing with the placement of orders for supplies, work, or services both for state (federal and RF subjects’) and municipal needs, by way of establishing the uniform rules of relationship for state and municipal customers and their contractors. At the same time, many legislative acts, whose norms are to a certain degree contiguous with the norms of legislation of state orders, do not mention municipal orders. Law No 19-FZ eliminates this omission. Thus, the mention of municipal needs alongside state needs is included in a number of articles of Part 2 of the RF Civil Code, which regulate the supplies of goods and the performance of contract work for state needs, and is also included in the article concerning the legal regulation of contracts for the performance of scientific research work, experimental design, and technological work. Municipal contracts for the performance of research and development work for municipal needs must determine the volume of information to be recognized as confidential, and must regulate the issues pertaining to the imposition of the regime of commercial secrecy (previously, this requirement was to be applied only to the performance of research and development work for state needs).
Law No 19-FZ stipulates that the provisions of the Federal Law “On the Fundamental Principles of the State Regulation of External Trade Activity”, which forbid the imposition of a regime for foreign goods, work, and services which is less favorable than that imposed for Russian goods, work, and services, must not be applied to the supply of goods, the provision of services, and the performance of work for municipal needs.
Municipal formations are granted the rights similar to those enjoyed by the Russian Federation and RF subjects with regard to the use of an invention, or a practical model, or an industrial sample, or software and databases, as well as the topologies of integral microcircuits, created during the performance of work under a municipal contract for the performance of work for municipal needs.
The purchasers of gas for municipal needs are included in the list of purchasers who have the priority right to conclude contracts for the supply of gas.
Law No 19-FZ has introduced a clarification in the RF Budgetary Code by establishing that the financing necessary to secure the placement of an order for the supply of goods, the performance of work, and the provision of services for state or municipal needs may be carried out at the expense of the monies earmarked for state needs in the expenditures of a corresponding budget or the budgets of corresponding state off-budget funds. A state or municipal contract for the performance of work or the provision of services for state needs can be concluded for a period in excess of one year, if the subject of such a contract is the performance of work or the provision of services, whose production cycle of provision or performance has the duration of more than one year. The list of such services and categories of work is established by the RF Government.
For the sake of saving budget resources and guaranteeing the soundness of expenditures, Law No 19-FZ has also introduced some alterations in the Federal Law “On Gas Supply”, by establishing that, in the event of concluding a state or municipal contract for the supple of gas for state or municipal needs, the contract should take into account the volume of gas consumption coordinated by the state or municipal customer in accordance with the procedure established by the RF Government. The funds for the financing of gas supplies must be annually envisaged in corresponding budgets.
II. RESOLUTIONS of the Government of the Russian Federation 1. “ON THE ADDITIONAL MEASURES AIMED AT IMPLEMENTING THE FEDERAL TARGET PROGRAM “HOUSING” FOR THE YEARS 2002-2010” No 865 of 31 December In connection with the completion, in the year 2005, of the first phase of the Federal Target Program “Housing” for the years 2002-10, approved by Resolution of the RF Government No 675 of September 2001, this Program is reworded into a new version which envisages that the implementation of the second phase of the said Program be carried out in the years 2006-10. Reform in the housing sphere is to be continued alongside the implementation of a set of measures within the framework of the first-priority national project “Affordable and Comfortable Housing – to the Citizens of Russia”.
Since during the first phase of the Program, a number of activities aimed at implementing the subprograms within the context of the Program were carried out, some Resolutions of the RF Government with regard to these sub-programs are to be abolished as from 1 January 2006.
2. “ON THE PROCEDURE AND THE CONDITIONS FOR RECOGNIZING A PERSON AS DISABLED” No 95 of 20 February In accordance with Federal Law No 181-FZ “On the social protection of disabled persons in the Russian Federation” and in connection with legislation reform, new Regulations were adopted, setting the procedure and the conditions for recognizing a person as disabled. The recognition of a citizen as disabled must be carried out by the federal state institutions for medico-social expert examination in accordance with a comprehensive assessment of this person’s state of health on the basis of the analysis of his or her clinical, functional, social, housing, professional, occupational, and psychological data, by applying the classifications and criteria authorized by the RF Ministry of Health and Social Development. The medico-social expert examination is designed to determine the structure and degree of limitation of a citizen’s vital activity (including the limitation of capacity for labor activity), and his or her rehabilitation potential. The Resolution establishes the procedure for referring a person to a medico-social expert’s examination by an organization providing medico-prophylactic assistance (irrespective of its legal and organizational form), or by a pension provision body, or by a social protection agency. The medico-social expert examination of citizens must be performed at a bureau for medico-social expert examination at the place of residence (or at the place of temporary residence, or at the place of location of the pension file of a disabled person who has departed from the Russian Federation for permanent residence abroad), whose specialists are to develop the individual program of rehabilitation for the person recognized as disabled. The information on all cases of those citizens who, while being liable for call-up, or being of call-up age, have been recognized as disabled, must be submitted to appropriate military commissariats. Also established are the procedure for reexamining a disabled person, and the procedure for appealing against the decisions made by federal state institutions for medico-social expert examination.
III. ORDERS, INSTRUCTIONS, and REGULATIONS 1. Letter of the RF Federal Tax Service, No MM-6-03/85@, of 27 January 2006 “ON THE CONDUCTING OF INVENTORY IN ACCORDANCE WITH ITEM 1 OF ARTICLE TWO OF THE FEDERAL LAW No119-FZ OF 22 JULY 2005” The Letter clarifies the procedure for conducting the inventory of debit and credit indebtedness, as of 31 December 2005 inclusive, for VAT taxpayers who are obliged to conduct such an inventory in accordance with Item 1 of Article 2 of Federal Law No 119-FZ of 22 July 2005 “On the Introduction of Alterations in Chapter 21 of Part Two of the Tax Code of the Russian Federation, and on Recognizing as Null and Void Some Provisions of the Acts of the Russian Federation’s Legislation on Taxes and Charges”.
In particular, it is announced that when conducting an inventory of debit indebtedness, one must take into account the amount of debit indebtedness against delivered ( or performed, or provided), handed over, but not repaid, goods (or work, or services), and property rights, which have not been included into the VAT tax base for the previous tax periods (of 2005 and the previous years), since the moment of formation of debit indebtedness. When conducting the inventory of credit indebtedness, one must take into account the amount of credit indebtedness against goods (or work or services) taken on discount but not repaid, including fixed and intangible assets, and property rights, which comprise the amount of VAT presented at their acquisition, which have not been included in the tax deductions for the previous tax periods (of 2005 and the previous years) since the moment of the formation of credit indebtedness (except for credit indebtedness with the limitation period which had expired before 1 January 2006). The results of the inventory must be drawn up in the form of appropriate references, as exemplified in the annexes to the Letter.
2. Order of the RF Ministry of Regional Development No 8 of 26 January 2006 “ON THE STANDARD VALUE OF 1 SQ. METER OF THE TOTAL FLOORSPACE OF A DWELLING FOR THE FIRST HALF-YEAR OF 2006, AND ON THE AVERAGE MARKET VALUE OF 1 SQ. METER OF THE TOTAL FLOORSPACE OF A DWELLING, BY SUBJECT OF THE RUSSIAN FEDERATION FOR THE 1ST QUARTER OF 2006” The standard value of 1 square meter of the total floorspace of a dwelling throughout the whole of the Russian Federation, to be used when calculating the amount of subsidies to be allotted to citizens at the expense of the federal budget, is set, for the 1st half-year of 2006, at 13,600 roubles. Also determined is the average market value of 1 square meter of the total floorspace of a dwelling (in roubles), by subject of the Russian Federation, which must be used by the federal bodies of executive authority and by the bodies of executive authority of subjects of the Russian Federation when calculating the amount of subsidies to be allotted, in accordance with the plans for the 1st quarter of 2006, to all categories of citizens qualified for receiving the said subsidies at the expense of the federal budget for the purpose of housing acquisition.
I. V. Tolmachiova.
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