Article 22. The contract for the fulfillment of the State defense order of the Law on the Defense Industry and the State Defense Order

Home / RLA / Article 22. The contract for the fulfillment of the State defense order of the Law on the Defense Industry and the State Defense Order

1. The execution of a state defense order is carried out on the basis of a contract for the execution of a state defense order concluded between the authorized body in the field of the state defense order or the recipient of the state defense order and the executor of the state defense order.

A contract for the execution of a state defense order is concluded both for the execution of the entire complex of production of military goods (products), dual-use goods (products), military works and military services, and for certain types of these goods (products), works and services.

2. The quality of military goods (products), dual-use goods (products), military works and military services supplied under a contract for the fulfillment of a state defense order must comply with the requirements of regulatory and technical documentation, tactical and technical specifications (technical specifications, tactical and technical characteristics) and conditions the agreement.

3. A contract for the execution of a state defense order may be concluded for a period of more than one financial year in the case of the purchase of military goods (products), dual-use goods (products), military works and military services, the delivery time (execution, provision) of which, due to the duration of execution, is stipulated as follows fiscal year (subsequent fiscal years).

4. The contract for the execution of a state defense order specifies the subject of the contract, the duration of the contract and (or) the terms of individual stages of the contract, the amount of the contract and the advance payment, if any, the terms of quality control, acceptance conditions, place and time of delivery (execution, provision), the amount of the penalty (fine, penalty), grounds for termination termination of the contract, liability of the parties and other conditions that do not contradict the legislation of the Republic of Kazakhstan.

5. The authorized body in the field of the state defense order or the recipient of the state defense order shall send to the executor of the state defense order a contract for the execution of the state defense order within ten calendar days from the date of adoption of the relevant act of the Government of the Republic of Kazakhstan on approval of the state defense order.

6. The contract for the execution of the state defense order must be signed by the executor of the state defense order within twenty calendar days from the date of its receipt.

7. The contractor of the state defense order has the right to refuse to conclude a contract for the execution of the state defense order in the following cases::

1) if the required military goods (products), dual-use goods (products) are discontinued;

2) the announcement of international sanctions, embargoes, the occurrence of force majeure circumstances;

3) if the technical specification to the contract, which is an integral part of it, does not correspond to the tactical and technical task (technical specification, tactical and technical characteristics), on the basis of which the choice of the contractor of the state defense order was made.

8. A contract for the fulfillment of a state defense order must contain conditions for full payment for the supply of military goods (products), dual-use goods (products), military work or the provision of military services within a period not exceeding thirty calendar days from the date of fulfillment of obligations under this agreement.

The contract for the fulfillment of the state defense order must contain the conditions for the payment of value-added tax in accordance with the requirements of the tax legislation of the Republic of Kazakhstan.

9. A contract for the execution of a state defense order is considered fulfilled provided that the authorized body in the field of the state defense order or the recipient of the state defense order and the executor of the state defense order have fully fulfilled their obligations under the said contract.

10. In cases of non-fulfillment or improper fulfillment by the executor of the state defense order of the obligations assumed under the contract for the fulfillment of the state defense order, the authorized body in the field of the state defense order or the recipient of the state defense order ensures the recovery of penalties (fines, penalties) in accordance with the legislation of the Republic of Kazakhstan. The penalty (fine, fine) is credited to the republican budget.

11. When executing a contract for the fulfillment of a state defense order, the name, quantity, quality, technical specification, cost, place and time of delivery of military goods (products), dual-use goods (products), military works and military services must correspond to the content of the contract.

12. The recipient of the state defense order and the executor of the state defense order shall immediately inform the authorized body in the field of the state defense order about the refusal to conclude, the late conclusion and termination of the contract for the fulfillment of the state defense order, amendments and additions to it, as well as the disruption of the delivery of military goods (products), goods (products) dual-use, performing military work and providing military services.

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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