Article 23. Grounds for making amendments and additions to the contract for the execution of the State defense order of the Law on the Defense Industry and the State Defense Order

Home / Laws / Article 23. Grounds for making amendments and additions to the contract for the execution of the State defense order of the Law on the Defense Industry and the State Defense Order

1. Amendments and additions to the contract for the execution of the state defense order are allowed in the following cases::

1) specified in paragraph 2 of this article, if the amendments and additions do not entail an increase in the budget of the approved state defense order;

2) making appropriate amendments and additions to the approved state defense order;

3) making amendments and additions that do not entail changes in the content of the state defense order, in accordance with the legislation of the Republic of Kazakhstan and the contract for the implementation of the state defense order.

2. Amendments and additions to the contract for the execution of the state defense order in accordance with paragraph 1 of this Article are allowed without making appropriate changes and additions to the approved state defense order in the following cases:

1) making changes in terms of reducing the price of military goods (products), dual-use goods (products), military works and military services and the amount of the contract, accepted by mutual agreement of the parties;

2) making changes to the tactical and technical specifications (technical specifications, tactical and technical characteristics) while maintaining the deadlines for fulfilling the obligations assumed by the parties, in agreement with the recipient of the state defense order;

3) reduction or increase in the amount of the contract related to a decrease or increase in the needs of the recipient of the state defense order in the volume of military goods (products) purchased, dual-use goods (products), military work performed and military services provided that the unit price of the goods (products), work, services specified in the concluded contract, and deadlines for fulfilling obligations;

4) an increase in the amount of the contract, if changes have been made to the design and estimate documentation that has been reviewed in accordance with the legislation of the Republic of Kazakhstan and a decision has been made to allocate additional money for the amount of such changes, as well as if additional work and (or) unrepairable units requiring replacement have been identified during the defecation of weapons and military equipment.;

5) reduction or increase of the contract amount caused by changes in the tax, customs and other legislation of the Republic of Kazakhstan, as well as the national legislation of the state whose resident has concluded an agreement with the recipient of the state defense order, an authorized organization or the executor of the state defense order;

6) changes in the amount for the current financial year of the agreement with a validity period exceeding the current financial year, without changing the total amount of the agreement in case of changes in the basic expenses of the second and third years of the planning period;

7) if, during the execution of the contract concluded with the contractor, the contractor of the state defense order has offered, subject to the invariance of the unit price of military goods (products), dual-use goods (products), military works and military services, improving their quality and (or) technical characteristics while maintaining the deadlines for fulfilling obligations.

8) changes in the term of execution of the contract for the fulfillment of the state defense order by mutual agreement of the parties in the event of force majeure circumstances.

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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