The contract of supply of goods for state or municipal needs
The supply of goods for state or municipal needs is based on the state or municipal contract for the supply of goods for public or municipal needs, as well as contracts concluded in accordance with it (Article 525 of the Civil Code).
In addition to the norms of the Civil Code, the supply of goods for state or municipal needs is regulated by special laws. This federal law of December 13, 1994 No. 60-FZ "On the supply of products for federal government needs", as of 29.12.1994 No. 79-FZ "On State Material Reserve", dated 02.12.1994 No. 53-FZ "On Procurement and supplies of agricultural products, raw materials and food for public needs ", dated 29.12.2012 No. 275-FZ" On State Defense Order ", dated 21.07.2005 No. 94-FZ" On the placement of orders for the supply of goods, performance of work, rendering services for public and municipal needs. "
The state or municipal contract is based on the order for the supply of goods for state or municipal needs, placed in accordance with the law on placing orders for the supply of goods, rendering services for state and municipal needs. The conclusion of a state or municipal contract is mandatory for supplier (s) only in cases provided by law, and subject to the refund of public or municipal reserve of all losses that may be caused to the supplier (excluding government enterprises) in connection with the fulfillment of this contract.
Placement of a state or municipal order can be carried out by holding open or closed bidding in the form of a tender, auction, including auction in electronic form, as well as without bidding (asking for price quotations for goods, from a single supplier, on commodity exchanges). request for price quotations for goods is the method of placing an order, in which information about the needs for goods for state or municipal needs is communicated to an unlimited number of persons by posting on the official website a notice of the request quotations and the winner in the request for quotations is the participant in the placement of the order who offered the lowest price of the contract.
The law specifically regulates the procedure for concluding a state or municipal contract (Article 528 of the Civil Code) and concluded in accordance with it (on the basis of notice of affixing to the supplier) of the supply contract goods for state or municipal needs (Article 529 of the Civil Code).
The delivery of goods for state or municipal needs can be made directly to the state or municipal customer or at his instruction (shipping order) to another person (recipient).
If the buyer pays for the goods under the contract for the supply of goods for state or municipal needs, the state or municipal customer is recognized as a surety for this obligation of the buyer (Article 532 of the Civil Code).
Contract of contracting
According to paragraph 1 of Art. 535 of the Civil Code under the contract of contracting, the producer of agricultural products undertakes to transfer the agricultural produce grown to him (to the purchaser), the person who purchases such products for processing or sale.
By its legal nature, this contract is consensual, remunerative and bilateral.
Agricultural commercial organizations can act as agricultural producers : economic companies, partnerships, production cooperatives, and peasant (farm) farms. As a buyer under the contract of contracting is procurer, ie. a commercial organization or an individual entrepreneur engaged in entrepreneurial activity for the purchase of agricultural products for its subsequent sale or processing.
The producer of agricultural products is obliged to transfer to the consigner the grown (produced) agricultural products in the quantity and assortment provided for by the contract of contracting (Article 537 of the Civil Code).
The legislator establishes some preferential rules for the producer of agricultural products as an economically weaker party. So, as a general rule, the procurer takes this product at the location of its location and provides its export.
Since the production of agricultural products depends very much on weather conditions and is an economic activity with increased risk, the legislator specifically stipulates that the manufacturer of this product, who has not fulfilled the obligation or performed it improperly, is liable in the presence of his guilt (art. 538 GK).
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