Auction of the Ministry of Defense. Rules for the release and sale of movable military property
Sometimes, the enemy hides among his own. Yes, after checking military prosecutor's office auctions of the Ministry of Defense, a number of serious violations. All the criminal schemes that the department’s employees had been honing over the years were uncovered.
Let us clarify that we are talking about auctions for the one-time sale of released military property. That is, we are talking about a huge number ferrous and non-ferrous metals. At the same time, in each lot, under the guise of scrap, they presumably tried to sell either usable property, or ammunition, or both at the same time.
It turns out that for their own benefit, some department employees destroyed it. So who is the initiator of such lawlessness among the military? 
Some conclusions can be drawn based on numerous checks by the Main Military Prosecutor's Office. On this moment The main character of all the schemes and fraud is the head of the sales department of the Western Military District, Nikolai Vyalov, who, apparently, is preparing, in accordance with his official duties, the documents necessary for the sale of military property. According to the prosecutor's office, it was Mr. Vyalov who organized secret auctions to make money on the department's property.
But the potential buyers at these auctions were fly-by-night companies that, of course, didn’t even have a landline telephone, let alone process non-ferrous metals. It's about about the company DeltaMet LLC, RegionResurs LLC and Secondary metals and alloys LLC. Various trading platforms were used to conduct competitive procedures. Moreover, the activities of this group could not do without “forceful” support. After all, during the audit it turned out that without the support of influential employees of the same military prosecutor’s office, such crimes would have been impossible to hide. However, everything secret someday becomes clear.
It seems that the scope of Mr. Vyalov went beyond the bounds of decency. Apparently, such large-scale financial transactions with a corruption component can no longer go unnoticed. Moreover, fraud of this kind spoils the reputation of the entire department as a whole. Thus, FAS has already shown interest in the activities of the Ministry of Defense and identified violations in the competition for the sale of metal for 792 million rubles. Nothing would have happened if the Inchermet company from the Tver region had not complained to the service. The point is that it was not for nothing that enterprising employees of the Ministry of Defense raised such prices, for 792 million rubles, and with a deposit of 158 million rubles, only the company DeltaMet LLC would have acquired state property.
Presumably, Nikolai Vyalov’s scheme was worked out and each time the events took place according to a pre-planned scenario. Probably, the process was approximately the same: Nikolai Vyalov, according to the procedure, the Ministry of Defense prepared a list of released military property, apparently under the guise of scrap, with the connivance of the commanders military units, and, possibly, in collusion with them, the list included cars, components and spare parts.
Possibly ammunition too. After this, a large lot was formed, consisting of a large volume of scrap ferrous and non-ferrous metals, distributed throughout the country. Next, the lot was put up for auction on the site with the owners of which an agreement was reached on a controlled holding of the event. At the same time, one or more of the already mentioned companies participated in the auction.
As a result, the sites provided winnings with a minimal difference compared to the starting price. And if problems suddenly arose, the “rear” people from the circle of the former military prosecutor were apparently involved in resolving the situation. Probably all auctions with Vyalov’s participation took place according to this scenario.
The price is affordable for everyone In the fall of 2016, a lot was put up on the trading platform of JSC Russian Auction House, the same one, 792 million rubles. Of the several participants who applied, the company DeltaMet, already known to us, was allowed to participate in the auction, and it received the lot at the starting price.
The fact that this is a happy accident is, of course, unlikely, because Nikolai Vyalov is a partner general director DeltaMet LLC Rasim Kurgunaev. Most likely, they are the ones who share the authorized capital in the company Chariot LLC, where a certain Kurnaev has 33%, and a certain Vyalov has 34%. Now let's move on to absolutely honest and serious questions. For what reason, after the prosecutor's investigation, no one identified the main defendants in the criminal case?
After all, the fact of theft of funds has been established. Moreover, it seems that an audit of the write-off of equipment and the sale of scrap metals revealed that, under the guise of scrap, it was apparently Nikolai Vyalov and his comrades who could try to sell vehicles for various purposes. However, this was prevented by the relevant services in the Main Armored Directorate of the Ministry of Defense. As a result of an inspection by the Main Military Prosecutor's Office, relevant violations were revealed.
The share of military expenditures in the economy of our country has always constituted an impressive part of the budget. A lot has been done for the defense industry and good quality. Some of the material resources were used for their intended purpose, some were sent to warehouses to be stored in case of war. The highest level of preservation is achieved by the so-called preserved military equipment or property of the first category of security. Conservation is not just storage, but also maintaining property in full working order, constant control and service.
Over the years, the warehouses of the Ministry of Defense have been filled with old-style military ammunition, equipment, spare parts, fuels and lubricants. Every year more and more new weapons come into service, and the old ones lose their relevance. Implementation military equipment conservation occurs through auctions. Because of large quantity structures in the Ministry of Defense system, these auctions are very different:
At all auctions for the sale of military property, 90% of the lots are of the same type:
- Trucks ZIL - 131
- Trucks Ural - 4320 and GAZ - 66
- Passenger cars UAZ – 469
- Tankers
- Camp kitchens
- Thermoses
- Canvas boots, chrome boots
- Padded jackets, jackets, tunics, caps
- Trousers
- Spare parts
- Scrap of ferrous and non-ferrous metals
- Diesel fuel and various fuels and lubricants
- Very rarely there are trains, planes, helicopters, boats
In more than half of the cases, the technology being implemented belongs to the fifth category, i.e. has served its resource. Sales of canned Vehicle are held as exceptions and attract many people who want to purchase it. On average, prices for a preserved UAZ 469 start at 50 thousand, during bidding they reach 120 - 170 thousand. It should also be taken into account that some military vehicles are sold without a title, which entails additional costs when registering.
You can also purchase military equipment through intermediary companies. In this case, the cost increases by a third. At the same time, you can try to start the car, see what documents are available, and complete the purchase in one day.
font size
Decree of the Government of the Russian Federation dated 15-10-99 1165 ON THE SALE OF RELEASED MOVABLE MILITARY PROPERTY (2017) Relevant in 2018
RULES FOR THE RELEASE AND SALE OF MOVABLE MILITARY PROPERTY
1. These Rules determine the procedure for the release and sale of movable military property (except for weapons and ammunition) assigned to the operational management of the Armed Forces Russian Federation, other troops, military formations and bodies*, as well as in the economic management or operational management of enterprises and organizations under the jurisdiction of federal executive authorities, which provide military service.
* These Rules, in accordance with the legislation of the Russian Federation, mean:
under "other troops" - border troops of the Federal Border Service of the Russian Federation, internal troops Ministry of Internal Affairs of the Russian Federation, Railway Troops of the Russian Federation, troops Federal agency government communications and information under the President of the Russian Federation, civil defense troops;
under “military formations” - engineering, technical and road construction military formations under the federal executive authorities;
under "bodies" - Service foreign intelligence Russian Federation, authorities Federal service security of the Russian Federation, bodies of the Federal Border Service of the Russian Federation, federal bodies of government communications and information, federal bodies state protection and the federal body for ensuring mobilization training of bodies state power Russian Federation.
2. Decisions on the release and sale of movable military property are made by the federal executive authorities that provide for military service. IN in some cases Federal executive authorities, which provide for military service, can make decisions on the sale of movable military property in respect of which decisions on the release were made earlier.
3. The list and forms of documents necessary for making decisions on the release and sale of movable military property, as well as the procedure for preparing and making such decisions, are established by the federal executive authorities that provide for military service.
4. In order to resolve issues related to the release and sale of movable military property, federal executive authorities that provide for military service:
a) determine (create) an authorized military command and control body;
b) determine on a competitive basis the organizations through which the sale of released movable military property will be carried out (hereinafter referred to as organizations);
c) approve the regulations on the competition for the selection of organizations;
d) determine the procedure for removing released movable military property from sale and its further use.
5. The authorized military control body concludes agreements with organizations for the sale of released movable military property.
6. The sale of released movable military property is carried out:
on the domestic market - according to sales rules individual species goods, exchange, commission and retail, as well as under the terms of the barter agreement;
on the foreign market - in accordance with the legislation of the Russian Federation.
The sale of released movable military property located abroad is carried out authorized body military control in accordance with the legislation of the Russian Federation and taking into account the legislation of the state on whose territory this property is located, as well as the norms of international law.
7. Released movable military property, the free sale of which is prohibited, shall be sold in the manner established by law Russian Federation for this type of property.
8. The market value of released movable military property is determined taking into account market conditions.
The valuation of released movable military property is carried out in accordance with the current valuation standards and those developed on their basis federal authorities executive authorities, which provide for military service, assessment methods.
9. The transfer of released movable military property to the buyer is carried out after fulfillment of the terms of the transaction.
10. Cash, received from the sale of released movable military property, minus the costs of its pre-sale preparation and sale, are fully taken into account in federal budget revenues.
11. Control over the sale of released movable military property is carried out by the federal executive authorities, which provide for military service, and the Ministry of State Property of the Russian Federation.
12. Released movable military property may be withdrawn from sale, which is determined by the authorized military administration body in contracts with organizations.
APPROVED
Government resolution
Russian Federation
dated October 15, 1999
N 1165
Project N 88343-3
RUSSIAN FEDERATION
THE FEDERAL LAW
About released military property
This Federal Law defines the rules for the release and further use of military property. The law establishes the legal and organizational framework for the sale and disposal (liquidation) of released military property and defines the powers of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, legal entities and individuals when carrying out these types of activities. This Federal Law does not apply to types of military property, the sale, disposal (liquidation) of which is carried out in accordance with the regulatory legal acts of the Russian Federation on nuclear and chemical weapons.
Chapter I. General provisions
Article 1. Basic concepts and definitions used for the purposes of this Federal Law
For the purposes of this Federal Law, the following basic concepts apply:
Other troops - troops of the Border Service of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, Railway Troops of the Russian Federation, troops of the Federal Agency for Government Communications and Information under the President of the Russian Federation, civil defense troops;
Military formations - engineering, technical and road construction military formations under the federal executive authorities;
Bodies - the foreign intelligence service of the Russian Federation, bodies of the Federal Security Service of the Russian Federation, bodies of the Border Service of the Russian Federation, federal government communications and information bodies, federal state security bodies and the federal body for ensuring mobilization training of government bodies of the Russian Federation.
Military property - property that is under the right of operational management in administrative bodies, associations, formations, military units, bodies and organizations of federal executive authorities that provide for military service, and organizationally part of the Armed Forces of the Russian Federation, the Border Guard Service of the Russian Federation, other troops, military formations and bodies. Military property is federal property.
Military property includes: all types of weapons and military equipment, ammunition, fuel (fuel), food, clothing, engineering, chemical and apartment property, other material and technical means, infrastructure elements located in the Armed Forces of the Russian Federation, the Border Service of the Russian Federation, other troops, military formations and bodies.
Immovable military property - elements of infrastructure that are firmly connected to the ground and the movement of which without disproportionate damage to their purpose is impossible. Movable military property is military property not related to immovable military property. Decommissioned military equipment is surplus, morally or physically obsolete, unused or unused military equipment. Released military property is military property taken out of service, for which the federal executive authorities, which provide for military service, have made a decision on its further use, as well as military property subject to liquidation, including in accordance with international treaties of the Russian Federation.
Released military property - property transferred in the prescribed manner to participants in the activities for its sale, disposal (liquidation) in accordance with the decision of the Government of the Russian Federation and written off from the register of governing bodies, associations, formations, military units and organizations of federal authorities that provide for military service .
Participants in the sale and disposal (liquidation) of decommissioned military property are federal executive authorities, which provide for military service, legal and individuals- performers of work on the sale and disposal (liquidation) of released military property. Military equipment - technical means intended for combat, technical and logistical support of troops, as well as equipment and apparatus for monitoring and testing these means, components of these means and components. Weapons are means intended to destroy enemy personnel, equipment, structures and other objects, components of these means and components.
Ammunition is a disposable product designed to hit a target or perform tasks that contribute to the destruction of a target or impede enemy actions. Infrastructure is a system of stationary facilities designed to support the livelihoods, training, deployment and combat operations of the Armed Forces, other troops, military formations and bodies. Sale - alienation of released military property through purchase and sale, privatization, exchange, donation or other transactions in accordance with the legislation of the Russian Federation. Recycling is the implementation of a set of organizational, technical, scientific, economic, environmental, production and other measures, technological processes ensuring demilitarization, diversification (repurposing) and processing of military equipment removed from service, exhausted, morally or physically obsolete, including - liquidated in accordance with international treaties and unilateral obligations of the Russian Federation, in order to change them intended purpose, further use for production and economic purposes, obtaining commercial products, raw materials and financial resources. Disposal may also be carried out in cases where continued storage of samples of military equipment poses a danger to human life and environment or if there is no need for this military property and is not expected in the future.
Demilitarization - transferring military property released from service into a state that excludes any possibility of its combat use for its intended purpose. Diversification - giving samples of military property released from service new functions for use for economic or other non-military purposes.
Liquidation is the process of destroying military property taken out of service, carried out when it is impossible (inexpedient) to carry out disposal, or to carry out procedures defined by international treaties of the Russian Federation. Use - direct, or after disposal (demilitarization, diversification), use of released military property for economic or other non-military purposes. Dual-use military equipment is dual-use products supplied for the country's economic and defense needs with uniform requirements. Recycling products - secondary resources (ferrous and non-ferrous metal scrap; waste containing gems And precious metals; recovered explosives and other materials), products for general civilian use, as well as demilitarized weapons and military equipment that do not require industrial processing, their components and components intended for sale in the prescribed manner on the domestic and foreign markets. Safety of disposal (liquidation) of military property - absence or minimization of the risk of damage to personnel, the population, the environment and production facilities in the process of disposal (liquidation) of released military property.
Article 2. Legal regulation of the sale and disposal (liquidation) of released military property
Legal regulation of the sale and disposal (liquidation) of released military property is carried out in accordance with the Constitution of the Russian Federation, this Federal Law, other federal laws and regulatory legal acts of the Russian Federation and constituent entities of the Russian Federation, as well as international treaties of the Russian Federation on the reduction and limitation of arms.
Article 3. Purposes of sale and disposal (liquidation) of released military property
The main goals of the sale and disposal (liquidation) of released military property are:
-reducing the level of explosion and fire hazards, as well as the danger of radioactive and chemical contamination of the environment in places of storage (storage) of released military equipment;
- rational use of material resources obtained in the process of recycling released military property, for economic or other purposes;
- obtaining funds to cover costs associated with the implementation of work on the disposal (liquidation) of released military property, as well as work on the creation and improvement of new technologies and scientific developments in these areas;
- receiving funds to maintain the combat readiness of the Armed Forces, Border Guard Service, military formations, other troops and bodies;
- problem solving social protection military personnel, as well as citizens discharged from military service and members of their families;
- expanding the area of military-technical cooperation through activities for the sale and disposal of released military property and the sale of products of its disposal.
Article 4. Basic principles of sale and disposal (liquidation) of released military property
1. The basic principles of the sale and disposal (liquidation) of released military property are:
- safety of the recycling (disposal) process for the health of the population and personnel, as well as the environment natural environment;
- economic efficiency of sales and disposal;
- repurposing of released infrastructure facilities for their use for socio-economic purposes.
2. The implementation of the provisions set out in part one of this article is achieved through:
- organizing the recycling (liquidation) of released military property using technologies that ensure the protection of public health, personnel and environmental safety of work, as well as its cost-effective processing and resource conservation;
- regulatory and technical support for recycling (liquidation) processes;
- creation in the process of recycling of products that are competitive and necessary for economic purposes;
- providing work performers, regardless of their organizational and legal forms and forms of ownership, who have licenses for the relevant type of activity, with equal opportunities to participate in the disposal (liquidation) and sale in the domestic and foreign markets of products for the disposal of released military property on the basis of government contracts concluded between government customers and performers of work in accordance with the legislation of the Russian Federation;
- various sources financing work on the disposal (liquidation) of released military property, including foreign ones;
- inclusion of work on the disposal of released weapons, military equipment and ammunition into the state defense order, with financing both from budget funds, and attracting funds from extra-budgetary sources;
- use of funds received from the sale of released military property and disposal products in accordance with this Federal Law and other regulatory legal acts of the Russian Federation.
3. Work on the use of released military property must be systematic. Requirements for its rational use should be laid down at the stage of developing new types of military equipment.
Chapter II. Powers of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments for the sale, disposal (liquidation) of released military property
Article 5. Powers of state authorities of the Russian Federation
The powers of government bodies of the Russian Federation include:
- definition public policy, development, adoption and implementation of federal laws, other regulatory legal acts, programs and plans in the field of sale and disposal (liquidation) of released military property;
- conclusion and implementation of international treaties of the Russian Federation;
- coordination of the activities of executive authorities of the constituent entities of the Russian Federation;
- formation and implementation of the state defense order for the disposal of weapons, military equipment and ammunition;
- development and implementation of measures to attract investment, including foreign, for the disposal (liquidation) of released military property;
- licensing of activities of performers of work on the disposal and sale of weapons, military equipment and ammunition.
Article 6. Powers of state authorities of the constituent entities of the Russian Federation
The powers of government bodies of the constituent entities of the Russian Federation include:
- development and adoption of laws and other regulatory legal acts on the disposal (liquidation) of released military property in accordance with federal legislation;
- participation in resolving issues regarding the placement on the territory of constituent entities of the Russian Federation of enterprises and organizations intended to carry out work on the disposal (liquidation) of weapons, military equipment and ammunition;
- participation in solving environmental issues;
- establishment with government authorities of the Russian Federation general principles economic incentives, taxation and fees when performing disposal work (liquidation of weapons, military equipment and ammunition.
Article 7. Powers of local government bodies
The powers of local government bodies include:
- coordination of decisions on the location of enterprises and organizations performing work in the territory where local self-government is carried out, providing them with all types of energy resources, local materials, raw materials and personnel, as well as providing the benefits provided for by the legislation on taxes and fees in the payment of local taxes and fees;
- assessment of the environmental situation and possible consequences, from the implementation of programs and plans for the disposal (liquidation) of released military property and participation in monitoring the safe conduct of work;
- informing the population about the degree of security of facilities and taking measures to eliminate possible consequences from the disposal (liquidation) of released military property.
Chapter III. Organization of work on the release, as well as the sale and disposal (liquidation) of released military property
Article 8. Basics of organizing work on the release of military property
1. The decision on the release of military property is made by the Federal executive authorities that provide for military service. Based decisions taken They annually compile consolidated lists of military property subject to release.
2. The decision on the further use of released military property is made by the Government of the Russian Federation.
3. The safety, security and preparation for sale and disposal (liquidation) of released military property until it is transferred to the performers of the work is entrusted to the federal executive authorities that provide for military service.
Article 9. Sale of released immovable military property
1. The sale of released immovable military property is carried out in accordance with the legislation of the Russian Federation in the manner determined by the Government of the Russian Federation.
2. The transfer of released immovable military property is carried out after the Government of the Russian Federation approves the plan for the sale of released immovable military property, according to proposals from the federal executive body for management state property.
3. The transfer of released real estate military property to the buyer is carried out only after the transfer of funds to the seller or after the conditions of the competition (transaction) are fulfilled.
4. Released real estate military property, which is illiquid for sale, but is in demand by local authorities for the development of socio-economic programs, can be transferred to these authorities by decision of the federal executive body for managing state property.
5. Information on the sale of released immovable military property must be published by the seller no later than 30 days before the date of sale of this property.
6. Sale of released immovable military property, except for those subject to state registration aircraft and sea vessels, inland navigation vessels and space objects, can be carried out on the basis of exchange for residential premises for military personnel and citizens discharged from military service.
7. If the released military property is not sold within six months after the competition, a decision is made on its further use in the manner determined by the Government of the Russian Federation.
Article 10. Sale of released movable military property
1. The sale of released movable military property is carried out by federal executive authorities that provide for military service, in accordance with the procedure established by the Government of the Russian Federation. The sale of this property is carried out on the foreign and domestic markets in accordance with the legislation of the Russian Federation for the corresponding type of product.
2. Federal executive authorities that provide for military service may transfer, in accordance with the procedure established by the Government of the Russian Federation, released military property to organizations that produce or previously produced this property in order to pay off debt for products supplied or for work (services) performed on modernization, repair and maintenance of military property. Organizations may use military property transferred to them for purposes determined by the Government of the Russian Federation.
3. The sale of released military property located abroad is carried out by federal executive authorities that provide for military service, in accordance with the legislation of the state in whose territory this property is located, international treaties and the legislation of the Russian Federation.
Article 11. Disposal (liquidation) of military property
1. Work on the disposal (liquidation) of released military property is organized by federal executive authorities, which are entrusted by the Government of the Russian Federation with the functions of state customers of work on the disposal (liquidation) of the relevant types of military property
2. Work on the disposal (liquidation) of released weapons, military equipment and ammunition is carried out within the framework of tasks of the state defense order by contractors who have licenses for this type activities in accordance with the legislation of the Russian Federation.
3. Released weapons, military equipment and ammunition are transferred to the work performers in a complete state, without removing blocks, assemblies and parts containing precious and rare earth metals and only after necessary measures ensuring the preservation of state secrets. It is allowed to transfer the specified military property without components and components used to ensure the operation and repair of similar property in service with the Armed Forces, other troops, military formations and bodies, as well as removed for reasons of secrecy, if there are appropriate notes in the technical acts on the write-off of this military property.
4. Work on the disposal (liquidation) of released military property, the disposal of which does not require obtaining a license, is carried out outside the framework of the state defense order, under contracts (agreements) concluded between the federal executive authorities, which provide for military service, and the performers of the work.
5. The sale of disposal products of released military property is carried out by those performing disposal work in the manner established by the legislation of the Russian Federation for the corresponding type of product.
Article 12. Fundamentals of financial policy in the implementation of this Federal Law
1. Financing of work within the framework of this Federal Law may be carried out from federal budget funds allocated for the implementation of the state defense order; funds received from the sale of recycling products, attracted loans and borrowings, funds from Russian and foreign investors; funds provided by international monetary organizations, as well as funds from other extra-budgetary sources.
2. Funds received from the sale of weapons, military equipment and ammunition recycling products, minus the costs of carrying out these works and selling recycling products, are fully taken into account in federal budget revenues and are used to finance work on the disposal of weapons and military equipment, decision social issues and other goals related to the activities of the Armed Forces, Border Service, other troops, military formations and bodies, in accordance with regulatory legal acts of the Russian Federation.
3. Funds received from the sale of released movable and immovable military property and disposal products, released military property, carried out outside the framework of the state defense order, after paying taxes and other obligatory payments and reimbursement of costs associated with these types of activities, are credited in full to the accounts of federal executive authorities that submitted military property for release, to account for funds received from entrepreneurial and other income-generating activities, opened in the prescribed manner in the authorities Federal Treasury. The funds received are used in full to finance the activities of federal executive bodies that provide for military service.
4. When implementing this Federal Law, it is not allowed to cause economic, environmental and financial damage to the Russian Federation, reduce spending on national defense, violate the state pricing policy for military products, infringe on the interests of participants in the sale and disposal (liquidation) of released military property.
Article 13. Economic incentives for recycling (liquidation) of released military property
Economic incentives for the disposal (liquidation) of released military property included in the state defense order are carried out in accordance with the legislation of the Russian Federation on the state defense order.
Article 14. Responsibility for compliance with the legislation of the Russian Federation on the rules for the release, sale, disposal (liquidation) of military property
In case of non-compliance, improper fulfillment or violation of the laws of the Russian Federation, other regulatory legal acts on the rules for the release, sale, disposal (liquidation) of military property or contractual obligations, the parties (persons) bear civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.
Chapter IV. Final provisions
Article 15. Entry into force of this Federal Law
This Federal Law comes into force on the date of its official publication.
Article 16. Bringing regulatory legal acts of the Russian Federation into conformity with this Federal Law.
1. To propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring the regulations issued by them into conformity with this Federal Law legal acts.
2. The Government of the Russian Federation should ensure that federal executive bodies bring their regulatory legal acts into compliance with this Federal Law, as well as develop the new ones required by them regulations.
3. Regulatory legal acts of the Russian Federation and constituent entities of the Russian Federation, until they are brought into compliance with this Federal Law, are applied to the extent that does not contradict this Federal law.
The president
Russian Federation
Loading...
