Municipal or state needs - these are the needs for various goods that are provided from the budget of the appropriate level or other sources. These things are necessary for fulfilling the functions of the Federation, Russian entities or municipalities, fulfilling obligations at the international level, implementing programs at all levels and resolving local issues. The supply of goods for state needs is carried out by the relevant entities.
The essence of the supply of items to meet the needs of the state
The activity of any country extends beyond civil matters. The functions of state authorities involve a set of measures that are aimed at maintaining the existing system of legal relations.
To ensure normal operation as an independent and effectively functioning element of the socio-economic system, the country must pursue external and internal economic policies, strengthen the apparatus of power and the defense capability of the state, etc.
One way to accomplish these tasks is to supply goods for state needs. Procurement is made in the form of contracts and agreements.
Legal regulation
The conclusion of contracts for the supply of goods for state needs is based on the norms of legal acts issued by authorities within their powers. The list of documents includes the following laws:
- Civil Code (chapter 30);
- Federal Law No. 60 governing the supply of products for state needs;
- RF Law No. 79, considering the features of the state material reserve;
- federal law No. 275 on state defense orders;
- Law of the Russian Federation No. 53 governing the procurement of products, food and agricultural raw materials for the needs of the country.
The purpose of concluding contracts for the supply of goods for state needs is to meet the country's needs at all levels (federal, regional, local). The specifics of the subject of the contract is a special list of participants in the transaction, the structure of the contract, the procedure for conclusion and implementation.
The essence of the state contract
A contract for the supply of goods for municipal and state needs is a contract that is concluded on the basis of an order from one of the parties to the transaction, if the supplier has agreed to execute it.
Under the terms of the contract, the supplier must transfer the list of goods that are intended to meet the needs of the state. The buyer (or his representative), in turn, is obliged to accept and pay for the order.
According to the provisions of Article 763 of the Civil Code, the procurement of goods, construction contracting, and the preparation of survey and design documents may be associated with the conclusion of state contracts.
Within the meaning of the provisions of the legislation of the contractual sphere, state contracts can also be applied in the field of transportation, energy saving, to provide paid services, to carry out research (technological, experimental-design type) work.
Essence of the contract
A contract for the supply of goods for the needs of a country is a written transaction concluded between the parties regarding the seller transferring certain things to the buyer for a fee. The purpose of the contract is to implement the terms of the state type contract.
Signs of the transaction: retribution, conservatism, reciprocity. Contracts for the supply of goods for state and municipal needs can be concluded with any performers.
Documents of both types are similar in many aspects. There are a number of differences in the composition of participants, the delivery procedure, the rights and obligations of the parties, types and limits of liability.
A sample contract for the supply of goods for state needs is presented in the article with a detailed explanation of each item.
Parties to the transaction
The parties to the contract and the contract for the supply of goods for state needs are somewhat different from each other. The supplier in both cases is an entrepreneur, that is, it is impossible to purchase things from an ordinary citizen for the needs of the country.
The buyer is the customer (state). Under the terms of the transaction, the goods are not to be transferred personally to the customer, but to the person whom he indicated as the recipient. Acquire products from the budget of the country.
State customers are represented by executive authorities at the federal level, approved by the Russian Government, state-owned enterprises or state-level institutions. This is enshrined in the second paragraph of the first paragraph of the third article of the federal law regulating the features of the supply of products for state federal needs.
Often, state-type customers are federal contract corporations acting instead of the Ministry of Trade:
- Roskontract;
- "Roskhleboprodukt";
- Other commercial non-governmental organizations.
State customers have a great influence on the content of the contract (contract): they select suppliers, set prices. As a result, all their actions lead to a change in state policy in the procurement of goods for federal needs.
The buyer in the supply contract indicates any organization of commercial or non-commercial type. The subject of the transaction may be any types of goods that are purchased for the implementation of economic goals and the implementation of entrepreneurial activities. Often these are things that are determined by the list of generic characteristics (i.e., are considered mass-produced mass products).
Russian law establishes that under government contracts it is impossible to purchase goods produced abroad. Exceptions are cases when in Russia such things are not released for economic reasons or due to lack of physical ability. If the state customer acquires real estate for the needs of the state, the transaction is executed in the form of a real estate purchase and sale agreement.
Stages and features of the supply of goods for state needs
The conclusion of state contracts and agreements to meet the needs of the country is carried out in five stages:
- Establishing a list of the country's needs for various products, as a result of which a state supply order is drawn up. The document indicates the range of goods, approximate prices and terms, other terms of the transaction.
- Placing a state order in an open or closed way. An open option involves bidding, auctions, tenders in open or closed form. Closed way - direct selection of a specific person who will supply. If the contractor is selected according to the latter option, the supplier has the right to accept the order or refuse the buyer. If he is a monopolist in this market, then he is obliged to conclude a contract (agreement), except when the execution of the order will entail losses. If the supplier unreasonably refused to sell products, he must pay the buyer a fine, the amount of which is the cost of the goods indicated in the application. This is enshrined in the second paragraph of the second paragraph of the fifth article of federal law No. 60 and is considered an exceptional penalty.
- Acceptance of the state order by the supplier’s side and further conclusion of the contract. His project in most cases is developed by the buyer. The supplier must sign the project within 30 days or inform the buyer about the refusal to conclude the contract. In the latter situation, the customer has the right to forcibly through the court force the other party to conclude a transaction (legal regulation of the supply of goods for state needs in this case is carried out in accordance with the fifth paragraph of Article 528 of the Civil Code). If the supplier does not agree with a part of the terms of the contract (contract), within one month he is obliged to sign the project with the protocol of disagreements attached to it. The customer is also given 30 days to resolve disputed issues. If the protocol drawn up by the supplier is rejected, the interested entity has the right to apply to the court to resolve the dispute.
- The choice of delivery option and the recipient of the goods. The recipient can be the state customer himself or the person indicated by him (the third-party recipient is indicated in the shipping orders). The consignee is not responsible to the contractor, as it is not considered a party to the contract. If the buyer and the recipient of the goods are different entities, the customer is obliged to send a notification to the other parties about the involvement of a third party in the transaction.
- Drawing up a notice of attachment to the supplier of the buyer. The notice to the parties is written.
Contract pricing
Organization of the supply of goods for state needs is carried out taking into account market prices. The cost of production is determined after analysis of various indicators.
Amounts of purchase are divided into solid, semi-solid, exchange. According to general rules, the prices in the state contract and the supply contract concluded on its basis must be identical.
Rights and obligations of the parties
An important element in determining the order of delivery of goods for state needs is the establishment of the rights and obligations of the parties to the transaction. The main responsibilities of the supplier: the conclusion of a written contract for the supply (in accordance with article 529 of the Civil Code); transfer of the contract object to the buyer (according to the provisions of Chapter 30 of the Civil Code).
The financial obligations of the supplier include the payment of a penalty in the amount of 50% if there was a shortage of products or delays. In addition to a monetary sanction, the party of the offender must compensate the affected subject for losses.
The duties of the state customer include the acceptance of the goods, the attachment of the buyer to the supplier and payment for the delivered products.
Responsibility of the parties to the transaction
An important aspect of regulating the supply of goods for state needs is the determination of the types and limits of liability in case of violation by one of the parties of its obligations under a contract or agreement.
The general model of liability for a transaction is building relationships on a risk basis. State customers (governing bodies) must respond according to the same principles. This is due to the fact that state-type contracts are directly related to supply contracts, and the responsibility of the supplier’s party occurs regardless of whether it’s his fault.
Losses to the buyer may occur, for example, due to the actions of the customer. In this case, limiting the occurrence of the obligation of the customer to bear responsibility entails severe financial consequences for the supplier. Bearing responsibility to the buyer for the actions of third parties, the customer loses the opportunity to recover damages from the guilty entity.
Since the basis for the supply of goods for state needs is a contract or agreement, violation of the provisions of this document entails prosecution in exceptional cases provided for in Article 533 of the Civil Code. Sanctions are applied if the supplier suffered financial damage due to the fulfillment of the terms of the contract. For example, if the price of the contract does not cover the costs incurred in the production of goods.
In this case, the state type customer is obliged to compensate these losses within a month. If the buyer has not done this, the supplier shall have the right to refuse further execution of the contract and the contract for the supply of goods concluded in connection with this. These losses are also attributed to the state customer.
The specifics of the subject of the contract
To ensure its own existence as a sovereign (independent), efficiently operating socio-economic system, the state must pursue foreign and domestic policies, strengthen the country's apparatus of power and work capacity, and maintain normal interaction with the outside world.
A feature of the subject of the transaction is the implementation of the provisions of Article 506 of the Civil Code. From this norm it follows that the contract (contract) may be concluded in respect of the following things:
- not seized and not limited in circulation (with the exception of cases expressly specified in the legislation);
- purchased or manufactured by the supplier;
- acquired for municipal or state needs;
- those that the seller has at the time of signing the contract, or produced (purchased) in the future (according to the norms of the second paragraph of Article 455 of the Civil Code).
The supply of goods for state needs through the Civil Code is a necessary procedure that allows a country to function normally and fulfill the powers vested in its bodies. The whole process of concluding a transaction must comply with the provisions of Russian law.