Article 29. Reclamation of the Law on the Defense Industry and the State Defense Order

Home / RLA / Article 29. Reclamation of the Law on the Defense Industry and the State Defense Order

1. When a defect is established at the place of operation in military goods (products), dual-use goods (products), military works and military services, or their failure, produced, modernized, repaired or serviced, during the established warranty period by the structural subdivision of the recipient of the state defense order through the recipient The authorized body in the field of the state defense order is immediately notified., the military representative and executor of the state defense order. This product(s) is decommissioned and, by a method that excludes further damage, is delivered to the place of further storage until the causes of the defect or failure are established.

2. To establish the causes of defects in military goods (products), dual-use goods (products), military works and military services produced, modernized, repaired or serviced, a joint commission is established with the participation of representatives of the recipient of the state defense order, the contractor of the state defense order and military representatives (if necessary available). The commission's working procedure is determined by the rules for the formation, placement and execution of the state defense order.

3. If the fault of the executor of the state defense order is established, military goods (products) and dual-use goods (products) may be returned to the executor of the state defense order for complete replacement when installed during operation.:

1) the counterfeit origin of the goods (products) themselves or their spare parts and components;

2) the production of goods (products), their spare parts and components not by the contractor of the state defense order, if the contract for the execution of the state defense order, tactical and technical specifications (technical specifications, tactical and technical characteristics) and design and technological documentation, and also, when selecting the executor of the state defense order from the register, one of the requirements of the authorized body in the field of the state defense order or the recipient of the state defense order was their production by the executor of the state defense order himself.;

3) defective goods (products) that cannot be repaired.

4. If a defect is detected in military goods (products), dual-use goods (products) that cannot be repaired due to the fault of the contractor of the state defense order, which is of a hidden nature and can only be detected in factory conditions when there is reason to believe that all the supplied goods (products) have a defect.) within the framework of the contract for the fulfillment of the state defense order, the entire series of goods (products) is subject to return.

5. The contractor of the state defense order has the right to independently recall military goods (products), dual-use goods (products) or their series with their subsequent replacement. In this case, the replacement period is taken into account in the amount of penalties imposed on the contractor of the state defense order.

6. When establishing the guilt of the contractor of a state defense order, penalties are imposed on him, the amount of which is established by a standard contract for the execution of a state defense order, the content of which is determined by the rules for the formation, placement and execution of a state defense order, from the date of receipt of notification of the detection of defects in military goods (products), dual-use goods (products).), military-purpose works and military-purpose services or their failure, manufactured, modernized, repaired or serviced under the state defense order, during the established warranty period until the completion of work to eliminate the identified deficiencies.

7. The fault of the contractor of the state defense order is not recognized if the commission establishes a causal relationship between the improper operation and failure of military goods (products), dual-use goods (products) manufactured, modernized, repaired or serviced under the state defense order.

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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