Labor Code Russian Federation The Government of the Russian Federation decides:
Establish for pedagogical workers, depending on the position and (or) specialty, taking into account the characteristics of their work, the duration of working hours (the norm of hours of pedagogical work for the rate wages) according to the application. dated 09.06.2007 N 363)
Prime Minister
Russian Federation
M.KASYANOV
Working hours (norm of hours of pedagogical work for the wage rate) for teaching staff established on the basis of reduced working hours no more than 36 hours per week<1> . (as amended by Decree of the Government of the Russian Federation of 09.06.2007 N 363)
<1>The working time of pedagogical workers includes teaching (educational) work, educational work, as well as other pedagogical work provided for official duties and working hours, approved in in due course.
Pedagogical workers, depending on the position and (or) specialty, taking into account the characteristics of their work, are established: (as amended by Decree of the Government of the Russian Federation of 09.06.2007 N 363)
1. Working hours:
36 hours a week - for faculty members educational institutions higher professional education and educational institutions of additional professional education (advanced training) of specialists;
30 hours a week - for senior educators of educational institutions (except for preschool educational institutions and educational institutions additional education children);
36 hours a week:
senior educators of preschool educational institutions and educational institutions of additional education for children;
psychologists, methodologists (senior methodologists), social pedagogues, organizing teachers, industrial training masters, senior counselors, labor instructors of educational institutions;
heads of physical education of educational institutions of primary vocational and secondary vocational education;
teachers-organizers (basics of life safety, pre-conscription training) of general educational institutions, institutions of primary vocational and secondary vocational education;
instructors-methodologists (senior instructors-methodologists) of educational institutions of additional education for children of a sports profile.
2. The norm of hours of teaching work for the wage rate (normalized part of pedagogical work)<2>, <3>, <4>:
<2>For teaching work performed with the consent of teaching staff in excess of the established norm of hours for the wage rate, an additional payment is made in accordance with the received wage rate in a single amount in the manner determined by the Ministry of Education and Science of the Russian Federation. (as amended by Decree of the Government of the Russian Federation of 01.02.2005 N 49)
<4>For teachers, professors, teachers of additional education of educational institutions, the norm of hours of teaching work includes the lessons (classes) they conduct, regardless of their duration, and short breaks (changes) between them.
Teachers who cannot be provided with a full teaching load are guaranteed the payment of the wage rate in full, provided that they are supplemented to the established norm of hours by other pedagogical work in the following cases:
teachers of grades 1-4 when transferring teaching lessons foreign language, music, visual arts and physical culture for teachers-specialists;
teachers of grades 1-4 of rural general educational institutions with a non-Russian language of instruction, who do not have sufficient training to conduct Russian language lessons;
teachers of the Russian language in rural elementary general education schools with a non-Russian language of instruction;
teachers of physical culture of rural general educational institutions, teachers of a foreign language of general educational institutions located in the villages of logging and rafting enterprises and chemical forestry enterprises.
Teachers of general education institutions and teachers of pedagogical schools and pedagogical colleges, whose workload decreases during the academic year for reasons beyond their control compared to the established workload, until the end of the academic year is paid:
wages for the actual number of hours, if the remaining workload is higher than the established norm for the rate;
salary in the amount of the rate, if the remaining workload is below the established norm for the rate and if it is impossible to load them with other pedagogical work;
the salary established before the decrease in the teaching load, if it was set below the norm for the rate and if it is impossible to load them with other pedagogical work.
Teachers of institutions of primary vocational and secondary vocational education who, for reasons beyond their control, during the academic year, the teaching load decreases compared to the established workload, until the end of the academic year are paid wages in the amount established during the billing at the beginning of the academic year.
Pedagogical workers must be informed about the decrease in the teaching load during the year and about the additional workload with other pedagogical work no later than two months in advance.
18 hours a week:
teachers of grades 5-11 (12) of general education institutions (including cadet schools), general education boarding schools (including cadet boarding schools), educational institutions for orphans and children left without parental care, special (correctional) educational institutions for students (pupils) with disabilities, health-improving educational institutions of a sanatorium type for children in need of long-term treatment, special educational institutions of an open and closed type, educational institutions for children of preschool and primary school age, educational institutions for children, those in need of psychological, pedagogical and medical and social assistance, interschool educational complexes, training and production workshops; (As amended by Decree of the Government of the Russian Federation of August 18, 2008 N 617)
teachers of pedagogical schools and pedagogical colleges;
teachers of special disciplines of 1-11 (12) classes of musical, artistic educational institutions;
teachers of grades 3-5 of schools of general musical, artistic, choreographic education with a 5-year term of study, grades 5-7 of art schools with a 7-year term of study (children's music, art, choreographic and other schools), grades 1-4 of children's art schools and schools of general art education with a 4-year term of study;
teachers of additional education;
trainers-teachers (senior trainers-teachers) of educational institutions of additional education for children of a sports profile;
foreign language teachers of preschool educational institutions;
20 hours a week - for teachers of grades 1-4 of general educational institutions;
24 hours a week - teachers of grades 1-2 of schools of general musical, artistic, choreographic education with a 5-year term of study, grades 1-4 of children's music, art, choreographic schools and art schools with a 7-year term of study;
720 hours per year - for teachers of primary and secondary vocational education institutions.
3. The norm of hours of pedagogical work for the wage rate<3>:
<3>The rate of hours of pedagogical and (or) teaching work for the wage rate of pedagogical workers is set in astronomical hours.
20 hours a week - teachers-defectologists and teachers-speech therapists;
24 hours a week - music directors and accompanists;
25 hours a week - for educators of educational institutions working directly in groups with students (pupils) with disabilities; (As amended by Decree of the Government of the Russian Federation of August 18, 2008 N 617)
30 hours per week - instructors physical education, educators in boarding schools, orphanages, extended day groups of educational institutions, in school boarding schools;
36 hours a week - for teachers of preschool educational institutions, preschool groups of general educational institutions and educational institutions for children of preschool and primary school age, institutions of additional education for children and institutions of primary vocational and secondary vocational education.
It does not work Edition from 03.04.2003
| Document name | Decree of the Government of the Russian Federation of 03.04.2003 N 191 "ON THE DURATION OF WORKING TIME (NORMAL HOURS OF PEDAGOGICAL WORK FOR THE WAGE RATE) OF PEDAGOGICAL WORKERS OF EDUCATIONAL INSTITUTIONS" |
| Type of document | regulation, rules |
| Host body | Russian government |
| Document Number | 191 |
| Acceptance date | 01.01.1970 |
| Revision date | 03.04.2003 |
| Date of registration in the Ministry of Justice | 01.01.1970 |
| Status | It does not work |
| Publication |
|
| Navigator | Notes |
Decree of the Government of the Russian Federation of 03.04.2003 N 191 "ON THE DURATION OF WORKING TIME (NORMAL HOURS OF PEDAGOGICAL WORK FOR THE WAGE RATE) OF PEDAGOGICAL WORKERS OF EDUCATIONAL INSTITUTIONS"
Decree
In accordance with Article 333 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:
Establish for pedagogical workers of educational institutions, depending on the position and (or) specialty, taking into account the characteristics of their work, the duration of working hours (the norm of hours of pedagogical work for the wage rate) in accordance with the appendix.
Prime Minister
Russian Federation
M.KASYANOV
APPENDIX
to the decision of the Government
Russian Federation
April 3, 2003
N 191
The length of working time (norm of hours of pedagogical work for the wage rate) for teaching staff of educational institutions is established on the basis of a reduced working time of no more than 36 hours per week<1> .
<1>The duration of the working time of pedagogical workers includes teaching (educational) work, educational work, as well as other pedagogical work provided for by official duties and working hours, approved in the prescribed manner.
Pedagogical workers of educational institutions, depending on the position and (or) specialty, taking into account the characteristics of their work, are established:
1. Working hours:
36 hours a week - to employees from among the teaching staff of educational institutions of higher professional education and educational institutions of additional professional education (advanced training) of specialists;
30 hours a week - for senior educators of educational institutions (except for preschool educational institutions and educational institutions of additional education for children);
36 hours a week:
senior educators of preschool educational institutions and educational institutions of additional education for children;
psychologists, methodologists (senior methodologists), social pedagogues, organizing teachers, industrial training masters, senior counselors, labor instructors of educational institutions;
heads of physical education of educational institutions of primary vocational and secondary vocational education;
teachers-organizers (basics of life safety, pre-conscription training) of general educational institutions, institutions of primary vocational and secondary vocational education;
instructors-methodologists (senior instructors-methodologists) of educational institutions of additional education for children of a sports profile.
2. The norm of hours of teaching work for the wage rate (normalized part of pedagogical work)<2>, <3>, <4>:
<2>For teaching work performed with the consent of teaching staff in excess of the established norm of hours for the wage rate, an additional payment is made in accordance with the received wage rate in a single amount in the manner determined by the Ministry of Education of the Russian Federation.
<3>
<4>For teachers, professors, teachers of additional education of educational institutions, the norm of hours of teaching work includes the lessons (classes) they conduct, regardless of their duration, and short breaks (changes) between them.
Teachers who cannot be provided with a full teaching load are guaranteed the payment of the wage rate in full, provided that they are supplemented to the established norm of hours by other pedagogical work in the following cases:
teachers of grades 1-4 when transferring the teaching of foreign language, music, fine arts and physical education lessons to specialist teachers;
teachers of grades 1-4 of rural general educational institutions with a non-Russian language of instruction, who do not have sufficient training to conduct Russian language lessons;
teachers of the Russian language in rural primary schools with a non-Russian language of instruction;
Teachers of physical culture of rural general educational institutions, teachers of a foreign language of general educational institutions located in the villages of logging and rafting enterprises and chemical forestry enterprises.
Teachers of general education institutions and teachers of pedagogical schools and pedagogical colleges, whose workload decreases during the academic year for reasons beyond their control compared to the established workload, until the end of the academic year is paid:
wages for the actual number of hours, if the remaining workload is higher than the established norm for the rate;
Salary in the amount of the rate, if the remaining workload is below the established norm for the rate and if it is impossible to load them with other pedagogical work;
the salary established before the decrease in the teaching load, if it was set below the norm for the rate and if it is impossible to load them with other pedagogical work.
Teachers of institutions of primary vocational and secondary vocational education who, for reasons beyond their control, during the academic year, the teaching load decreases compared to the established workload, until the end of the academic year are paid wages in the amount established during the billing at the beginning of the academic year.
Pedagogical workers must be informed about the decrease in the teaching load during the year and about the additional workload with other pedagogical work no later than two months in advance.
18 hours a week:
teachers of grades 5-11 (12) of general education institutions (including cadet schools), general education boarding schools (including cadet boarding schools), educational institutions for orphans and children left without parental care, special (correctional) educational institutions for students (pupils) with developmental disabilities, health-improving educational institutions of a sanatorium type for children in need of long-term treatment, special educational institutions of an open and closed type, educational institutions for children of preschool and primary school age, educational institutions for children, those in need of psychological, pedagogical and medical and social assistance, interschool educational complexes, training and production workshops;
teachers of pedagogical schools and pedagogical colleges;
teachers of special disciplines of 1-11 (12) classes of musical, artistic educational institutions;
teachers of grades 3-5 of schools of general musical, artistic, choreographic education with a 5-year term of study, grades 5-7 of art schools with a 7-year term of study (children's music, art, choreographic and other schools), grades 1-4 of children's art schools and schools of general art education with a 4-year term of study;
teachers of additional education;
trainers-teachers (senior trainers-teachers) of educational institutions of additional education for children of a sports profile;
foreign language teachers of preschool educational institutions;
20 hours a week - for teachers of grades 1-4 of general educational institutions;
24 hours a week - teachers of grades 1-2 of schools of general musical, artistic, choreographic education with a 5-year term of study, grades 1-4 of children's music, art, choreographic schools and art schools with a 7-year term of study;
720 hours per year - for teachers of primary and secondary vocational education institutions.
3. The norm of hours of pedagogical work for the wage rate<3>:
<3>The rate of hours of pedagogical and (or) teaching work for the wage rate of pedagogical workers is set in astronomical hours.
20 hours a week - teachers-defectologists and teachers-speech therapists;
24 hours a week - music directors and accompanists;
25 hours a week - for educators of educational institutions working directly in groups with students (pupils) who have developmental disabilities;
30 hours a week - for physical education instructors, educators in boarding schools, orphanages, extended day groups of educational institutions, in school boarding schools;
36 hours a week - for teachers of preschool educational institutions, preschool groups of general educational institutions and educational institutions for children of preschool and primary school age, institutions of additional education for children and institutions of primary vocational and secondary vocational education.
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In accordance with part 2 of article 112 federal law"O customs regulation in the Russian Federation" and the Agreement on determining the customs value of goods transported across the customs border of the Customs Union dated January 25, 2008. The Government of the Russian Federation DECIDES:
1. Approve the attached Rules for determining the customs value of goods exported from the Russian Federation.
2. Recognize as invalid paragraph four of clause 1 of Decree of the Government of the Russian Federation of August 13, 2006 N 500 "On the procedure for determining the customs value of goods transported across the customs border of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, N 34, art. 3688 ).
3. This resolution enters into force 30 days after the day of its official publication.
Prime Minister
Russian Federation
V.Putin
Approved
Government Decree
Russian Federation
dated March 6, 2012 N 191
REGULATIONS
DEFINITIONS OF THE CUSTOMS VALUE OF GOODS EXPORTED
FROM THE RUSSIAN FEDERATION
I. General provisions
1. These Rules establish the procedure for determining the customs value of goods exported from the Russian Federation, including the specifics of applying the methods (rules) for determining the customs value of goods provided for in Articles 4, 6, 7, 9 and 10 of the Agreement on determining the customs value of goods transported through customs border of the Customs Union, dated January 25, 2008 (hereinafter referred to as the Agreement), when goods are exported from the Russian Federation (hereinafter referred to as goods being valued (exported)).
2. The customs value of the assessed (exported) goods is determined for the purpose of calculating the exported customs duties, the basis for the calculation of which is the customs value of the valued (exported) goods, and is also used for the purpose of applying Clause 6 of Part 1 of Article 131 of the Federal Law "On Customs Regulation in the Russian Federation" in relation to goods exported from the Russian Federation.
3. The customs value of goods is not determined and declared if, in accordance with the customs legislation of the Customs Union, international treaties and the legislation of the Russian Federation when exporting goods from the Russian Federation does not arise and cannot arise the obligation to pay export customs duties, the calculation base for which is the customs value of the goods being valued (exported).
For the purpose of applying Clause 6 of Part 1 of Article 131 of the Federal Law "On Customs Regulation in the Russian Federation", when such goods are exported from the Russian Federation, the value given in commercial or other documents relating to them shall be used as the customs value for customs declaration.
(the paragraph was introduced by Decree of the Government of the Russian Federation of 12.08.2015 N 833)
4. The concepts used in these Rules mean the following:
a) "identical goods" - goods that are identical in all respects, including physical characteristics, quality and reputation. Minor discrepancies in appearance goods are not grounds for refusing to consider them as identical, if otherwise such goods comply with the requirements of this subparagraph. Goods are not considered identical if they are not produced in the same country as the goods being valued (exported). Goods produced by a person other than the manufacturer of the goods being valued (exported) are considered identical only if identical goods of the same manufacturer are not found on the territory of the Russian Federation;
b) "similar goods" - goods that are not identical, but have similar characteristics and consist of similar components, which allows them to perform the same functions as the goods being valued (exported) and be commercially interchangeable with them. When determining whether goods are homogeneous, characteristics such as quality, reputation and availability are taken into account. trademark. Goods are not considered homogeneous if they are not produced in the same country as the goods being valued (exported). Goods produced by a person other than the manufacturer of the valued (exported) goods are considered as homogeneous only if similar goods of the same manufacturer are not found on the territory of the Russian Federation.
5. The concepts are used in these Rules in the meanings defined in the Agreement, with the exception of the concepts that are established by these Rules.
II. Basic principles for determining the customs value
valued (exported) goods
6. The main principles for determining the customs value of goods being valued (exported) are the principles established in the Agreement, taking into account the specifics established by these Rules.
7. The basis for determining the customs value of the valued (exported) goods should be, to the maximum extent possible, the value of the transaction with these goods in the meaning established by paragraph 11 of these Rules.
8. If the customs value of goods being valued (exported) cannot be determined using the method based on the value of a transaction with exported goods (hereinafter referred to as method 1), the customs value of such goods is determined using either the method based on the value of a transaction with identical goods (hereinafter referred to as method 2), or the method based on the value of a transaction with homogeneous goods (hereinafter referred to as method 3), or the addition method (hereinafter referred to as method 5). The declarant, depending on the documents available to him, has the right to choose one of the specified methods for determining the customs value of the goods being valued (exported).
9. If the customs value of the goods being valued (exported) cannot be determined using the methods specified in paragraph 8 of these Rules, the reserve method (hereinafter referred to as method 6) shall be applied.
10. The procedure for determining the customs value of goods to be valued (exported) must be generally applicable, that is, it must not differ depending on the sources of supply of goods (country of destination, type of goods, participants in the transaction, etc.).
III. Methods for determining the customs value of the assessed
(exported) goods
Method based on the value of a transaction with exported goods (method 1)
11. The customs value of the goods being valued (exported) is the value of the transaction with them, that is, the price actually paid or payable for the goods when they are sold for export from the Russian Federation to the country of destination and supplemented in accordance with paragraph 17 of these Rules, while simultaneously fulfilling following conditions:
a) there are no restrictions on the rights of the buyer to use and dispose of the goods, except for those that limit the geographical area where the goods can be resold or that do not significantly affect the value of the goods;
b) the sale of goods or their price does not depend on compliance with conditions or obligations, the impact of which on the value of goods cannot be quantified;
c) any part of the income received as a result of the subsequent sale of goods, disposal of goods in any other way or their use will not be due directly or indirectly to the seller, except in cases where additional accruals can be made in accordance with paragraphs 17-22 of these Rules;
d) the buyer and the seller are not related persons or the buyer and seller are related persons, but the value of the transaction with the goods being valued (exported) is acceptable for customs purposes in accordance with paragraph 12 of these Rules.
12. The fact of the relationship between the seller and the buyer should not be the basis for recognizing the value of the transaction as unacceptable for the purposes of determining the customs value of the goods being valued (exported). In this case, the circumstances surrounding the sale must be analyzed. If this relationship did not affect the price actually paid or payable, the value of the transaction must be recognized as acceptable for determining the customs value of such goods. If, on the basis of information provided by the declarant or received customs authority otherwise, signs are found that the relationship between the seller and the buyer has affected the value of the transaction, then the customs authority informs the declarant in writing about these signs. In this case, the declarant has the right to prove the absence of the influence of the relationship on the value of the transaction.
13. When selling between related parties, the value of the transaction is accepted by the customs authority and the customs value is determined in accordance with paragraph 11 of these Rules, if the declarant proves by comparison that such value is close to one of the following that took place in the same or in the corresponding period of time test values:
transaction value when selling identical or similar goods for export from the Russian Federation to the same country where the goods being valued are exported to buyers who are not related to the seller. Information on the sale of identical or similar goods by the same seller who sells the goods being valued (exported) may be used;
the customs value of identical or similar goods, determined in accordance with paragraphs 32 - 35 of these Rules.
14. The provisions provided for in paragraph 13 of these Rules are used at the initiative of the declarant solely for comparison purposes and cannot be used as a basis for determining the customs value of the goods being valued (exported).
15. When making a comparison using the provisions provided for in paragraph 13 of these Rules, the information provided by the declarant on differences in commercial levels of sale (wholesale, retail and other), in the number of goods, in additional charges provided for in paragraph 17 of these Rules, as well as in the costs that the seller normally incurs in sales if the seller and buyer are not related, compared to the costs that the seller does not incur in sales if the seller and buyer are related.
16. The price actually paid or payable for the valued (exported) goods is the total amount of all payments for these goods made or to be made by the buyer directly to the seller and (or) to another person in favor of the seller. At the same time, payments can be made directly or indirectly in any form.
Additional accruals to the price actually paid
or payable
17. When determining the customs value of goods being valued (exported) at the cost of a transaction with them, to the price actually paid or payable for these goods, the following shall be added in the amount not included in the indicated price:
a) expenses incurred by the buyer:
to pay remuneration to an agent (intermediary), with the exception of remuneration paid by the buyer to his agent (intermediary) for the provision of services related to the purchase of goods;
on a container, if for customs purposes it is considered as a single unit with the goods being valued (exported);
for the packaging of goods to be valued (exported), including the cost of packaging materials and packaging work;
b) the appropriately distributed value of the following goods and services, directly or indirectly provided by the buyer free of charge or at a reduced price for use in connection with the production of the goods being valued (exported) and their sale for export from the Russian Federation to the country of destination:
raw materials, materials and components that are an integral part of the evaluated (exported) goods;
tools, stamps, molds and other similar items used in the production of goods being valued (exported);
materials used in the production of the valued (exported) goods;
design, development, engineering, design work, decoration, design, as well as sketches and drawings necessary for the production of goods being valued (exported);
c) license and other similar payments for the use of objects intellectual property(with the exception of payments for the right to reproduce the evaluated (exported) goods outside the territory of the Russian Federation), which relate to the evaluated (exported) goods and which the buyer must directly or indirectly pay as a condition for the sale of such goods, provided that these payments relate to the evaluated (exported) goods (exported) goods;
d) part of the income received by the buyer as a result of the subsequent sale, use or disposal of goods being valued (exported) in any other way, which is directly or indirectly due to the seller.
18. Additional accruals provided for in paragraph 17 of these Rules are made on the basis of reliable, quantifiable and documented information. In the absence of such information, method 1 does not apply.
19. When determining the customs value of goods being valued (exported) no additional charges shall be made to the price actually paid or payable, except for the additional charges provided for in paragraph 17 of these Rules.
20. The distribution of the value of the items used in the production of the goods to be valued (exported) provided for in paragraph three of subparagraph "b" of paragraph 17 of these Rules may be carried out by referring it to the customs value of the first batch of goods or to the customs value of another quantity of goods determined by the declarant, which cannot be less than the number of declared goods. Such allocation must be made in the manner applicable to the particular circumstances, depending on the documents held by the declarant and in accordance with generally accepted principles. accounting.
At the same time, the cost of these items shall be recognized as the costs of their acquisition, if the buyer of the exported goods purchased these items from persons who are not related persons in relation to this buyer, or the costs of their manufacture, if such items were produced by the buyer of the goods being valued (exported) or by a person who is related party in relation to that customer. If these items were previously used by the buyer of the goods being valued (exported) (irrespective of whether they were purchased or produced by him), the initial purchase or production price is subject to reduction in order to obtain (determine) the cost of these items, taking into account their use.
21. In relation to the goods and services provided by the buyer to the seller provided for in paragraph five of subparagraph "b" of paragraph 17 of these Rules, which were purchased or rented by the buyer, additional charges are made in the part related to the costs of their acquisition or rental.
22. In the case of importation into the Russian Federation of goods provided for in subparagraph "b" of paragraph 17 of these Rules, their value is considered to be the customs value declared upon importation of these goods into the customs territory of the Customs Union and accepted in the prescribed manner by the customs authority.
If the goods provided for in subparagraph "b" of paragraph 17 of these Rules were purchased in the customs territory of the Customs Union, their value is considered to be the cost of acquisition.
23. When making additional charges provided for by subparagraph "b" of paragraph 17 of these Rules, in addition to the cost of goods and services directly or, accordingly, the customs value of these goods, all costs associated with the provision (delivery) of such goods to the seller (including the costs of their return, if provided for).
24. In the event that separate payments by the buyer (that is, made in addition to the price actually paid or payable), subject to accounting as additional charges provided for in paragraph 17 of these Rules, are made to Russian face who is not the seller of the goods being valued (exported), the seller of the said goods has the right to request and receive from this person documents confirming the cost of the relevant goods and (or) services.
25. Method 1 cannot be applied if the payments (payments) specified in paragraph 24 of these Rules are made to a person located outside the territory of the Russian Federation, and if at least one of the following conditions is met:
a) the seller of the goods being valued (exported) does not have documents of this person confirming the cost of goods and (or) services;
b) the authenticity of the documents cannot be confirmed by methods compatible with the requirements established by the legislation of the Russian Federation, while the customs authority does not have the ability to carry out customs control after the release of goods, including on-site customs inspection;
c) the customs value of goods, provided for in paragraph one of clause 22 of these Rules, is absent or cannot be applied.
Transaction value method for identical goods (method 2)
26. If the customs value of the goods being valued (exported) cannot be determined using method 1, the customs value of such goods may be the value of a transaction with identical goods sold for export from the Russian Federation to the same country where the goods being valued are exported, and exported from the Russian Federation in the same or corresponding period of time as the valued (exported) goods.
The value of a transaction with identical goods is the customs value of these goods, determined by method 1 and accepted by the customs authority.
27. To determine the customs value of goods being valued (exported) according to method 2, the value of a transaction with identical goods sold at the same commercial level and essentially in the same quantity as the goods being valued (exported) is used. If such sales are not identified, the value of the transaction with identical goods sold at the same commercial level, but in different quantities, is used. If such sales are not identified, the value of the transaction with identical goods sold at a different commercial level, but in essentially the same quantities, is used. If such sales are also not identified, the value of the transaction with identical goods sold at a different commercial level and in different quantities is used.
These data are adjusted for differences in the commercial level of sale and / or in the number of goods on the basis of evidence documenting the reasonableness and accuracy of the adjustment, regardless of whether it leads to an increase or decrease in the value of a transaction with identical goods. In the absence of such information, method 2 is not used.
When determining the customs value of goods being valued (exported) according to method 2, if necessary, the value of a transaction with identical goods is adjusted to take into account a significant difference in the costs associated with the export of goods being valued and identical goods, due to the difference in the distances over which they are transported (transported), and types of transport.
28. If more than one transaction value with identical goods is identified (taking into account the adjustment made in accordance with paragraph 27 of these Rules), the lowest of them is used to determine the customs value of the goods being valued (exported).
Method according to the value of a transaction with homogeneous goods (method 3)
29. If the customs value of the goods being valued (exported) cannot be determined using method 1, the customs value of goods may be the value of a transaction with similar goods sold for export from the Russian Federation to the same country where the goods being valued are exported, and exported from the Russian Federation in the same or corresponding period of time as the valued (exported) goods.
The value of a transaction with homogeneous goods is the customs value of these goods, determined by method 1 and accepted by the customs authority.
30. To determine the customs value of goods being valued (exported) according to method 3, the value of a transaction with similar goods sold at the same commercial level and essentially in the same quantity as the goods being valued (exported) is used. If such sales are not identified, the value of the transaction with similar goods sold at the same commercial level, but in different quantities, is used. If such sales are also not detected, the value of the transaction with similar goods sold at a different commercial level and in different quantities is used.
These data are adjusted for differences in the commercial level of sale and (or) in the number of goods on the basis of evidence documenting the validity and accuracy of the adjustment, regardless of whether it leads to an increase or decrease in the value of a transaction with similar goods. In the absence of such information, method 3 is not used.
When determining the customs value of goods being valued (exported) according to method 3, if necessary, the value of a transaction with similar goods is adjusted to take into account a significant difference in the costs associated with the export of goods being valued and similar goods, due to the difference in the distances over which they are transported (transported), and types of transport.
31. If more than one value of a transaction with homogeneous goods is identified (taking into account the adjustment made in accordance with paragraph 30 of these Rules), the lowest of them is used to determine the customs value of the goods being valued (exported).
Addition method (method 5)
32. If it is impossible to determine the customs value of the goods being valued (exported) according to method 1, the customs value of these goods may be the estimated value, which is determined by adding:
a) the amount of expenses for the manufacture or purchase of materials and expenses for production, as well as for other operations related to the production of the goods being valued (exported);
b) the amount of profit and selling and administrative expenses, equivalent to the amount that is usually taken into account when selling goods of the same class or type as the goods being valued (exported) that are produced in the Russian Federation for export to the same country where the goods being valued are exported products.
33. The costs specified in subparagraph "a" of paragraph 32 of these Rules are determined on the basis of information on the production of goods being valued (exported) provided by the manufacturer or on his behalf and confirmed by commercial documents of the manufacturer, provided that such documents comply with the accounting rules established by In Russian federation.
34. The costs specified in subparagraph "a" of paragraph 32 of these Rules shall include the costs indicated in paragraphs three and four of subparagraph "a" of paragraph 17 of these Rules, and the appropriately distributed cost directly or indirectly provided by the buyer for use in connection with the production valued (exported) goods of each item (goods) or services specified in subparagraph "b" of paragraph 17 of these Rules.
When determining these costs, it is not allowed to re-account the same indicators.
35. The amount of profit and commercial and administrative expenses is taken into account as a whole and is determined on the basis of information provided by the manufacturer of the goods being valued (exported) or on his behalf. If this information does not correspond to the information at the disposal of the customs authority on the amount of profit and commercial and administrative expenses that usually occur when selling goods of the same class or type as the goods being valued (exported) when they are sold for export from the Russian Federation to that In the same country to which the goods being valued are exported, the customs authority may determine the usual amount of profit and selling and administrative expenses on the basis of information available to it.
Fallback method (method 6)
36. If it is impossible to determine the customs value of goods being valued (exported) using methods 1, 2, 3 or 5, the customs value of goods being valued (exported) is determined on the basis of data available in the Russian Federation by using methods that are compatible with the principles of the Agreement and the provisions of these Rules.
37. Determination of the customs value of goods under method 6 is carried out by flexible application of methods 1, 2, 3 or 5, in particular, the following is allowed:
a) when determining the customs value of the goods being valued (exported) using method 2 or 3, a reasonable deviation from the requirements established by paragraphs 26 and 29 of these Rules that identical or similar goods must be exported in the same or in the corresponding period of time is allowed, which and valued (exported) goods;
b) when determining the customs value of goods being valued (exported) the customs value of identical or similar goods determined by method 2 or 3 may be taken as a basis.
38. The following cannot be used as a basis for determining the customs value of goods being valued (exported) according to method 6:
a) the price of the product domestic market Russian Federation;
b) the price of goods supplied from the Russian Federation for sale in a country other than the country to which the goods being valued (exported) are supplied;
c) expenses not included in the estimated value, which was determined for identical or similar goods when determining the customs value according to method 5;
d) a system providing for the acceptance for customs purposes of the higher of the two alternative values;
e) minimum customs value;
f) arbitrary or fictitious value.
39. If the customs authority applies the provisions provided for in paragraphs 11-37 of these Rules, it is obliged to indicate in writing the source of the data used, as well as a detailed calculation made on their basis.
New edition Art. 333 of the Labor Code of the Russian Federation
For teachers, a reduced working time of no more than 36 hours per week is established.
Depending on the position and (or) specialty of pedagogical workers, taking into account the characteristics of their work, the length of working hours (standard hours of pedagogical work for the wage rate), the procedure for determining the teaching load specified in the employment contract, and the grounds for its change, cases of establishing the upper limit of the educational the workload of teaching staff is determined by the federal executive body authorized by the Government of the Russian Federation.
Commentary on Article 333 of the Labor Code of the Russian Federation
The rationing of the working time of pedagogical workers is specific. The law establishes:
Length of working time, including teaching (educational) work, educational work;
Other pedagogical work provided for by official duties and working hours, approved in the prescribed manner;
Separate rationing of the actual pedagogical (educational) load. Working hours are determined by the number of hours per week.
The pedagogical (teaching) load, depending on the type of educational institution, is taken into account in hours per week or per academic year.
Part 3 of Article 92 of the Labor Code establishes a reduced working time for all teaching staff. Its duration is no more than 36 hours per week. For senior educators of educational institutions (except for preschool educational institutions and educational institutions of additional education for children), the working time is set to no more than 30 hours a week on the basis of Decree of the Government of the Russian Federation of April 3, 2003 N 191 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers of educational institutions".
For all other teaching staff, the norm of teaching hours is determined:
For teachers of grades 5 - 11 (12), other pedagogical workers of general educational institutions, the norm of hours is determined at 18 hours a week;
For teachers of grades 1 - 4 - 20 hours a week;
For teachers of grades 1 - 2 of schools of general musical, artistic, choreographic education - 24 hours a week;
For teachers of institutions of primary and secondary vocational education - in the amount of 720 hours per year.
The teaching load of a teaching worker of an educational institution, stipulated in an employment contract, in accordance with Article 55 of the Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education", is limited upper limit. For teachers of educational institutions of secondary vocational education, the teaching load should not exceed 1440 hours per year, based on paragraph 54 model provision on an educational institution of secondary vocational education (secondary specialized educational institution), approved by Decree of the Government of the Russian Federation of March 3, 2001 N 160; for teachers of educational institutions for advanced training, not more than 800 hours in one academic year (clause 32 of the Model Regulation on an educational institution of additional professional education (advanced training) of specialists, approved by Decree of the Government of the Russian Federation of June 26, 1995 N 610). The teaching load of teaching staff of a higher educational institution is established by the educational institution independently. Its maximum size should not exceed 900 hours per academic year, as required by paragraph 77 of the Model Regulation on an educational institution of higher professional education (higher educational institution) of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 5, 2001 N 264. Since the teaching load is made dependent on the qualifications and profile of the department, universities set the load for professor positions at the level of 400 - 450 hours per academic year, for associate professors - 700 - 720 hours, for assistants - 850 - 900 hours per year.
If the teacher cannot be provided with a full teaching load, he is guaranteed the payment of the wage rate in full, provided that they are loaded up to the established norm of hours with other pedagogical work in the cases provided for in paragraph 2 of Decree of the Government of the Russian Federation N 191.
In educational institutions, study time is determined in academic hours equal to 45 - 50 minutes. The norm of hours of pedagogical and (or) teaching work for the wage rate is determined in astronomical hours, established by Decree of the Government of the Russian Federation N 191.
The norm of working time for pedagogical workers is established for the wage rate. The wage rate of employees of state and municipal educational institutions is determined in relation to the Unified tariff scale(ETS). In educational institutions that provide paid educational services, the wage rate corresponding to the norm of working hours is determined on the basis of the wage rate paid from the state or municipal budgets. All other educational activities carried out in excess of working hours are subject to additional payment.
Pedagogical workers are allowed to work outside the established working hours (part-time work), including similar position, specialty, which is an exception to the rule about internal combination provided for in part 1 of Article 98 of the Labor Code. In addition, in accordance with Article 282 of the Labor Code, the features of part-time work of pedagogical workers can be established, among other things, by the Government of the Russian Federation. In accordance with the order of the Government, the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41 established the features of part-time work of pedagogical workers. They are allowed to work part-time in their free time from their main job at the place of their main job or in other organizations, including in a similar position, specialty, profession.
The duration of part-time work may not exceed, under each employment contract, half of the monthly norm of working time, calculated from the established duration. working week determined by agreement between the employee and the employer. In addition, there is no limit to the number employment contracts that an employee can enter into. With the consent of the employer, basically working time part-time work is allowed for highly qualified specialists in educational institutions for advanced training and retraining of personnel. The salary at the main place of work is preserved.
The following types of work performed during the main working hours with the consent of the employer are not considered part-time jobs and do not require the conclusion of an employment contract:
Work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists.
Another commentary on Art. 333 of the Labor Code of the Russian Federation
1. The regulation of the working time of teaching staff has its own specifics. The law establishes both the length of working time, including teaching (educational) work, educational work, as well as other pedagogical work, provided for by official duties and working hours, approved in the prescribed manner, and separate regulation of the actual pedagogical (educational) workload. The length of working time is determined by the number of hours per week, and the pedagogical (teaching) load, depending on the type of educational institution, in hours per week or per academic year.
These norms apply to all teachers, and not just teachers of educational institutions.
2. In accordance with paragraph 3 of Art. 92 of the Labor Code of the Russian Federation, the commented article establishes a reduced working time for all teaching staff no more than 36 hours a week. By virtue of Decree of the Government of the Russian Federation of April 3, 2003 N 191 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers of educational institutions" for senior educators of educational institutions (except for preschool educational institutions and educational institutions of additional education for children) Working hours are limited to 30 hours per week.
For the rest of the teaching staff, the said Decree determines the norm of hours of teaching work. So, for teachers of grades 5 - 11 (12), other pedagogical workers of general educational institutions, the norm of hours is 18 hours a week, for teachers of grades 1 - 4 - 20 hours a week, for teachers of grades 1 - 2 of schools of general music, art, choreography education - 24 hours a week.
The norm of teaching hours for teachers of primary and secondary vocational education institutions is set at 720 hours per year.
3. In accordance with Art. 55 of the Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education", the workload of a pedagogical worker of an educational institution, stipulated in an employment contract, is limited to the upper limit determined by the standard provision on an educational institution of the corresponding type and type. For teachers of educational institutions of secondary vocational education, the workload should not exceed 1440 hours per year (clause 54 of the Model Regulation on an educational institution of secondary vocational education (secondary specialized educational institution), approved by Decree of the Government of the Russian Federation of March 3, 2001 N 160); for teachers of educational institutions for advanced training - no more than 800 hours per academic year (clause 32 of the Model Regulation on an educational institution of additional professional education (advanced training) of specialists, approved by Decree of the Government of the Russian Federation of June 26, 1995 N 610). The teaching load of teaching staff of a higher educational institution is established by the educational institution independently in the amount of up to 900 hours per academic year (clause 77 of the Model Regulation on an educational institution of higher professional education (higher educational institution) of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 5, 2001 N 264). Since the teaching load is made dependent on the qualifications and profile of the department, universities set the load for professor positions at the level of 400 - 450 hours per academic year, associate professor - 700 - 720 hours, assistant - 850 - 900 hours per year.
4. Teachers who cannot be provided with a full teaching load are guaranteed the payment of the wage rate in full, provided that they are loaded up to the established norm of hours with other pedagogical work in the cases provided for in clause 3 of Decree of the Government of the Russian Federation N 191 of April 3, 2003. (as amended February 1, 2005).
5. The norm of hours of pedagogical and (or) teaching work for the wage rate, established by Decree of the Government of the Russian Federation N 191, is defined in astronomical hours.
6. The norm of working time for teaching staff is established for the wage rate. The wage rate for employees of state and municipal educational institutions is determined in relation to the UTS. For educational institutions providing paid educational services, the wage rate corresponding to the standard of working hours is determined based on the wage rate paid from the state or municipal budgets. Educational activities over the normal working hours is carried out for an additional payment.
7. Work outside the established working hours (part-time work) is allowed for teaching staff in accordance with the general rules on part-time work. The previously allowed exception to the rules provided for in Part 1 of Art. 98 of the Labor Code of the Russian Federation on internal combination, i.e. the possibility of part-time work, including in a similar position, specialty, is excluded from the commented article. Thus, due to the qualified default of the legislator, pedagogical workers are subject to general rules about compatibility.
In accordance with Art. 282 of the Labor Code of the Russian Federation, the features of part-time work of pedagogical workers can be established by the Government of the Russian Federation. Decree of April 4, 2003 N 197 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" The Government of the Russian Federation instructed the Ministry of Labor and social development of the Russian Federation in agreement with the Ministry of Education of the Russian Federation, taking into account the opinion of the Russian tripartite regulatory commission social and labor relations. In accordance with this Decree of the Ministry of Labor of Russia of June 30, 2003 N 41, the features of part-time work of pedagogical workers are established.
The duration of part-time work is determined by agreement between the employee and the employer and cannot exceed, under each employment contract, half the monthly norm of working time, calculated from the established duration of the working week (see paragraph 2 of the commentary to this article). If half of the monthly norm for the main job is less than 16 hours per week, then part-time work should not exceed 16 hours per week. In addition, the number of employment contracts that an employee can enter into is not limited. It is important that the duration of work under each of the part-time employment contracts does not exceed half the monthly norm of working time.
During the main working hours, with the consent of the employer, part-time work is allowed for highly qualified specialists in educational institutions for advanced training and retraining of personnel. At the same time, wages at the main place of work are preserved. In addition, during the main working hours, with the consent of the employer, the following types of work can be carried out, which are not considered part-time jobs and do not require the conclusion of an employment contract:
Pedagogical work on conditions hourly pay no more than 300 hours per year;
Consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;
Management of graduate and doctoral students, as well as the head of the department, management of the faculty of an educational institution with additional payment by agreement between the employee and the employer, including employees who are not on the staff of the institution (organization);
Pedagogical work in the same educational institution (with the exception of institutions of higher professional education) with additional payment;
Work without employment position in the same institution or other organization in excess of the monthly norm of working hours according to the schedule, including the management of classrooms, laboratories and departments by pedagogical workers, the teaching work of managers and other employees of educational institutions, the management of subject and cycle commissions, industrial training, the practice of students and other students , duty of medical workers;
Article 334 of the Labor Code of the Russian Federation. Annual basic extended paid leave ›
In accordance with Part 1.1 of Article 95 of the Federal Law "On contract system in the field of procurement of goods, works, services to ensure public and municipal needs"The Government of the Russian Federation decides:
1. Approve the attached Rules for changing, by agreement of the parties, the term for the execution of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the scope of work, services provided for by contracts, the deadline for which ends in 2016.
Rules
changes by agreement of the parties in the term of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services provided for by contracts, the deadline for which ends in 2016
(approved by Decree of the Government of the Russian Federation of March 14, 2016 No. 191)
1. These Rules determine the procedure for changing in 2016, by agreement of the parties, the term for the performance of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services provided for by contracts (including government contracts, municipal contracts, civil law contracts budget institutions for the supply of goods, performance of works, provision of services for the needs of customers, concluded before the date of entry into force of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"), the deadline for which expires in 2016 ( hereinafter referred to as contracts).
2. Changing the terms of the contracts provided for in paragraph 1 of these Rules is allowed within the limits of the volumes of financial security brought to the customers for the acceptance and (or) performance in 2016 of obligations under the contracts.
3. These Rules apply to contracts with a maturity of more than 6 months, the execution of which, due to circumstances beyond the control of the parties, is impossible without changing their conditions and the subject of which are:
a) supply of goods, performance of work, provision of services included in the lists approved by federal authorities state power(federal government agencies), government agencies of state off-budget funds Russian Federation, State Corporation for Atomic Energy "Rosatom", as well as the most significant federal government agencies science, education, culture and healthcare, determined in accordance with the legislation of the Russian Federation, by the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations in relation to procurement to meet federal needs, respectively (carried out by the indicated federal state authorities (federal state bodies), governing bodies state extra-budgetary funds of the Russian Federation, the State Atomic Energy Corporation "Rosatom" and their subordinate customers, as well as the most significant federal state institutions of science, education, culture and healthcare, determined in accordance with the legislation of the Russian Federation), the needs of the subject of the Russian Federation, municipal needs , with the exception of the works specified in subparagraph "b" of this paragraph. At the same time, the price of the contract must exceed 1 million rubles when making purchases to meet federal needs, the amount established by the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations when making purchases to meet the needs of the constituent entity of the Russian Federation, municipal needs, respectively, and be no more than than 5 million rubles if the contract is concluded to meet the needs of a constituent entity of the Russian Federation, municipal needs based on the results of tenders, electronic auctions, requests for proposals, in which only small businesses, socially oriented non-profit organizations could be procurement participants;
b) construction, reconstruction, technical re-equipment of facilities capital construction, including the purchase of equipment included in the estimate of construction, reconstruction, technical re-equipment, and (or) carrying out work to preserve cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific and methodological guidance.
4. These Rules apply to contracts whose currency is the Russian ruble.
5. A change in the terms of the contract provided for in paragraph 1 of these Rules is formalized additional agreement to the contract, the basis for the preparation of which is sent to the customer in writing application of the supplier (contractor, performer) with justification of the impossibility of executing the contract without changing its conditions in connection with significant change circumstances in accordance with Article 451 of the Civil Code of the Russian Federation.
The customer is not entitled to make a decision to increase the price of the contract, the price of a unit of goods, work performed, services rendered without contacting the supplier (contractor, performer) specified in paragraph one of this clause.
6. The customer decides to amend the contract based on:
a) out of the need to execute contracts as a matter of priority, the subject of which is the supply of goods necessary for the normal life support of citizens (food, means for providing an ambulance, including an ambulance specialized, medical care in an emergency or urgent form, medicines);
b) from the need to achieve the results of activities of state (municipal) programs, federal target programs or non-program areas of activity (functions, powers) of state authorities (local governments), as well as decisions taken in the prescribed manner on the provision of budget funds budget system the Russian Federation for the implementation of capital investments;
c) from the volume of actually fulfilled obligations stipulated by the contract, as of the date of the decision to amend it;
d) from the amount of financial security approved and brought to the customer for the acceptance and (or) performance in 2016 of obligations under contracts.
7. The customer decides to amend the contract within a period of not more than 30 days from the date of receipt of the documents and information specified in the first paragraph of paragraph 5 of these Rules, and sends the supplier (contractor, performer) a notice of the decision.
8. When preparing an additional agreement to the contract, the customer ensures agreement with the supplier (contractor, performer) of the new terms of the contract.
9. Calculation and justification of changes in the terms of the contract specified in paragraph 1 of these Rules is drawn up in an annex to the supplementary agreement to the contract, which is an integral part of the contract.
10. An additional agreement to a contract concluded in accordance with these Rules may not provide for an increase in the quantity of goods supplied, the volume of work performed or services rendered.
11. Changing the term of the contract is carried out by agreement of the parties within 2016.
12. Price of the contract (with the exception of contracts, the subject of which is the construction, reconstruction and technical re-equipment of capital construction facilities of the state and municipal property) by agreement of the parties can be increased and is determined within the value calculated by the formula:
13. For the purposes of these Rules, the federal state authorities (federal state bodies), the governing bodies of the state off-budget funds of the Russian Federation, the State Atomic Energy Corporation "Rosatom", as well as the most significant federal state institutions of science, education, culture and healthcare, defined in in accordance with the legislation of the Russian Federation, the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations or their authorized executive bodies of the constituent entities of the Russian Federation, local authorities, respectively, quarterly approve price adjustment indices for each item of goods, works, services (names of groups of goods, works , services) included in the lists provided for by subparagraph "a" of paragraph 3 of these Rules. By decision of the local administration, indexes approved by the highest executive bodies can be used to change contract prices
state authorities of the constituent entities of the Russian Federation or authorized by them executive authorities of the constituent entities of the Russian Federation, on whose territory
respective municipalities.
14. The decision of the customer to reduce the quantity of goods, the volume of work performed, the service provided may be taken in accordance with paragraph 6 of these Rules. At the same time, the price of a unit of goods, work, services may be increased in accordance with paragraph 15 of these Rules.
15. The price of a unit of goods, work, services in the case specified in paragraph 14 of these Rules is determined within the value calculated by the formula:
K - the amount of goods, the amount of work performed, services provided, provided for by the contract;
The amount of funds transferred by the customer under the contract;
The initial price of a unit of goods, work, services provided for by the contract;
PPI - price adjustment index, established in accordance with paragraph 13 of these Rules.
16. The price of the contract in the case specified in paragraph 14 of these Rules, by agreement of the parties, can be changed and is determined within the value calculated by the formula:
,
The limit value of the new price of a unit of goods, the volume of work performed, services rendered, determined in accordance with paragraph 15 of these Rules;
Reduced quantity of goods, volume of work performed, services rendered.
17. The change in 2016 of the contract price, the subject of which is the construction, reconstruction and technical re-equipment of capital construction facilities, the performance of work to preserve cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific and methodological guidance, is determined within the value , calculated by the formula:
C - the initial price of the contract;
The volume of payments in accordance with the terms of the contract in 2016;
Forecast index-deflator "Investments in fixed capital from all sources of financing" for 2016 as a percentage of 2015, approved by the Government of the Russian Federation as part of the forecast of the socio-economic development of the Russian Federation, effective as of the date of the change in the contract;
Forecast deflator index "Investments in fixed assets from all sources of financing" for 2016 as a percentage of 2015, approved by the Government of the Russian Federation as part of the forecast of the socio-economic development of the Russian Federation, effective on the date of adoption of the regulatory legal act on the provision of budgetary funds from the budget budgetary system of the Russian Federation for the implementation investment project on the construction, reconstruction and technical re-equipment of capital construction projects, carrying out work to preserve cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific and methodological guidance.
18. When changing the price of the contract, the subject of which is the construction, reconstruction and technical re-equipment of capital construction facilities, the performance of work to preserve cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, with the exception of the scientific and methodological guidance, the costs agreed by the customer and contractor , to be included in the consolidated estimate calculation of the cost of construction, should not exceed the current estimated standards for certain types costs approved in accordance with the legislation of the Russian Federation.
19. The highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations, when making purchases to meet the needs of the constituent entity of the Russian Federation, municipal needs, respectively, may establish other features for amending contracts in terms of changing the term for the performance of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the scope of work, services provided for by contracts, the subject of which is the construction, reconstruction and technical re-equipment of capital construction objects, the performance of work to preserve cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, with the exception of the scientific and methodological guidance, including the use of other indices (coefficients) instead of the deflator indices specified in paragraph 17 of these Rules that ensure the calculation limit value increase in the price of the contract.
Document overview
The rules for changing, by agreement of the parties, the term for the execution of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services provided for by contracts, the execution period of which ends in 2016 G.
The rules provide for the possibility of change by agreement of the parties essential conditions contracts in relation to contracts, the execution period of which is more than 6 months and the execution of which, due to circumstances beyond the control of the parties, is impossible without changing their conditions.
A change in the terms of the contract is formalized by an additional agreement to it. The basis for the preparation of such an agreement is the written request of the supplier sent to the customer with the justification for the impossibility of executing the contract without changing its conditions due to a significant change in circumstances.
The customer is not entitled to make a decision to increase the price of the contract, the price of a unit of goods, work performed, services rendered without the supplier's request.
Federal state bodies, the highest executive bodies of state power of the constituent entities of the Federation, local administrations approve lists of goods, works, services for which it is possible to change the terms of the contract in relation to procurement to meet federal, regional and municipal needs, respectively.
In this case, the price of the contract must exceed 1 million rubles. when purchasing for federal needs, the amount established by the highest executive bodies of state power of the constituent entities of the Federation and local administrations when purchasing to meet regional and municipal needs.
Changes in the terms of contracts are allowed within the limits of the volume of financing brought to customers for the adoption and (or) performance in 2016 of obligations under contracts. Changes in the terms of execution of contracts are carried out by agreement of the parties within 2016.