Article 20. Formation and placement of the State Defense Order of the Law on the Defense Industry and the State Defense Order

Home / RLA / Article 20. Formation and placement of the State Defense Order of the Law on the Defense Industry and the State Defense Order

1. The draft state defense order is formed at the request of recipients of the state defense order in accordance with the Budget Code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan, development plans of government agencies, international treaties and obligations of the Republic of Kazakhstan.

When forming the republican budget, a draft state defense order is being developed for the relevant planning period in accordance with the rules for the formation, placement and execution of the state defense order.

2. Recipients of the state defense order form tactical and technical specifications (technical specifications, tactical and technical characteristics) for military goods (products), dual-use goods (products), military works and military services in accordance with national standards.

In the absence of national standards, recipients of a state defense order independently formulate tactical and technical specifications (technical specifications, tactical and technical characteristics) for military goods (products), dual-use goods (products), military works and military services.

Recipients of a state defense order send a tactical and technical assignment (technical specification, tactical and technical characteristics) to the authorized body in the field of the state defense order, indicating the place of delivery of military goods (products), dual-use goods (products), military works and military services.

The authorized body in the field of the state defense order carries out work on processing tactical and technical assignments (technical specifications, tactical and technical characteristics) with organizations included in the register, unless otherwise provided for in paragraph 7 of this Article.

3. If there are military goods (products), dual-use goods (products) in the list of tangible assets of the state material reserve, produced in accordance with the legislation of the Republic of Kazakhstan on civil protection in the order of refreshment, meeting the requirements of the recipient of the state defense order, the tangible assets of the state material reserve are transferred to the recipients of the state defense order, while Transportation costs are carried out at the expense of the recipient of the state defense order.

4. The selection of executors of the state defense order from among those included in the register is carried out on a competitive basis by the authorized body in the field of the state defense order or the recipient of the state defense order based on the possibilities of ensuring the necessary conditions for the production of military goods (products), dual-use goods (products), military works and military services, the ability to produce military goods (products), dual-use goods (products), to carry out military works and provide military services of the required quality in accordance with the procedure established by the rules for the formation, placement and execution of the state defense order.

During the procedure for selecting the executors of the state defense order, representatives of the organizations of the military-industrial complex participating in the competition may be present at the meeting of the tender commission when opening envelopes (price proposals) with audio and video recordings and signing the minutes of the meeting by the members of the commission.

The procedure for inclusion in the register and exclusion from the register, qualification requirements for legal entities and the list of documents required for inclusion in the register are established by the rules for the formation, placement and execution of the state defense order.

If it is necessary to work with information constituting state secrets within the framework of a state defense order, the possibility of legal entities included in the register to provide the necessary conditions for their protection is taken into account.

5. If it is impossible to determine the executor of the state defense order from the register, the authorized organization is recognized as the executor of the state defense order.

6. If an authorized organization is unable to supply (import) military goods (products), dual-use goods (products), perform military work and provide military services, this measure is not included in the state defense order, and these goods (products), works and services are purchased in accordance with the legislation of the Republic of Tajikistan. Kazakhstan on public procurement or budget funds allocated for this event, They can be redistributed to other activities within the framework of the state defense order.

7. The choice of the executor of the state defense order for the supply of military goods (products), dual-use goods (products) to the state material reserve is carried out from among the storage facilities of the state material reserve and organizations that have established mobilization orders, in accordance with the rules for the formation, placement and execution of the state defense order.

If the storage facilities of the state material reserve and organizations that have mobilization orders do not have the ability to produce or supply military goods (products), dual-use goods (products) of the required quality, the choice of the contractor of the state defense order for the supply of military goods (products), dual-use goods (products) is made. appointments (applications) to the state material reserve are carried out in accordance with paragraphs 4, 5 and 6 of this article.

8. The provisions of this article do not apply to scientific research.

9. The provisions of paragraphs 3, 4, 5, 6 and 7 of this Article do not apply to special state bodies of the Republic of Kazakhstan. The selection of executors of the state defense order by special state bodies of the Republic of Kazakhstan is carried out in accordance with the rules for the formation, placement and execution of the state defense order.

10. A legal entity whose place of registration is a state or territory included in the list of offshore zones approved by the central authorized body for budget execution, or whose beneficial owner is a legal entity registered in offshore zones, cannot be the executor of a state defense order and (or) supplier of imported military goods (products).

This Law regulates public relations in the field of the defense industry, the state defense order, as well as certain issues of the turnover of weapons and military equipment.

President

Republic of Kazakhstan

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