Forms of documents for the provision of humanitarian assistance. Regulations on the procedure for receiving and distributing humanitarian aid in the Kyrgyz Republic

Document's name:
Document Number: 1335
Document type:
Receiving authority: Government of the Russian Federation
Status: Active
Published:
Acceptance date: 04 December 1999
Start date: December 23, 1999
Revision date: December 29, 2008

On approval of the Procedure for providing humanitarian assistance (assistance) to the Russian Federation

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the Procedure for providing humanitarian assistance
(assistance) Russian Federation

Document with changes made:
(Russian newspaper, N 192, 03.10.2001);
(Rossiyskaya Gazeta, N 94, 05/20/2003);
Resolution No. 376 of July 23, 2004 (Rossiyskaya Gazeta, No. 164, 03.08.2004);
Decree of the Government of the Russian Federation of December 21, 2005 N 790 (Collection of Legislation of the Russian Federation, N 52 (Part III), 12/26/2005);
(Russian newspaper, N 167, 02.08.2006);
(Rossiyskaya Gazeta, No. 2, 01/14/2009) (came into force on January 1, 2009).
____________________________________________________________________

In accordance with the Federal Law "On gratuitous assistance (assistance) of the Russian Federation and amendments and additions to certain legislative acts of the Russian Federation on taxes and on the establishment of benefits for payments to state extra-budgetary funds in connection with the implementation of gratuitous assistance (assistance) to the Russian Federation" (Collected Legislation of the Russian Federation, 1999, No. 18, Art. 2221) Government of the Russian Federation

decides:

1. Approve the attached Procedure for providing humanitarian assistance (assistance) to the Russian Federation.

2. The clause has lost force - Decree of the Government of the Russian Federation of December 21, 2005 N 790..

3. Recognize the decisions of the Government of the Russian Federation as invalid according to the attached list.

Chairman of the Government
Russian Federation
V.Putin

The procedure for providing humanitarian aid (assistance) to the Russian Federation

APPROVED
Government resolution
Russian Federation
dated December 4, 1999 N 1335

I. Fundamentals

1. This Procedure regulates the provision of humanitarian aid (assistance) to the Russian Federation, including its receipt, the issuance of certificates confirming that funds, goods and services belong to humanitarian aid (assistance), customs clearance, accounting, storage, distribution, as well as the procedure for disposing of those provided in as humanitarian aid (assistance) with cars (the clause was supplemented on May 28, 2003 by Decree of the Government of the Russian Federation of May 12, 2003 N 277; as amended, put into effect on January 1, 2009 by Decree of the Government of the Russian Federation of December 29, 2008 N 1044 .

2. Humanitarian aid (assistance) is understood as a type of free aid (assistance) provided for the provision of medical and social assistance low-income, socially unprotected, victims of natural Disasters and other emergency incidents to groups of the population, to eliminate the consequences of natural disasters and other emergency incidents, the costs of transportation, support and storage of the specified assistance (assistance).

Humanitarian assistance (assistance) may be provided by foreign states, their federal or municipalities, international and foreign institutions or non-profit organizations, foreign individuals (hereinafter referred to as donors) (paragraph as amended, put into effect on May 28, 2003 by Decree of the Government of the Russian Federation dated May 12, 2003 N 277.

Humanitarian aid (assistance) can be provided to the Russian Federation, constituent entities of the Russian Federation, government bodies, local governments, legal entities and individuals (hereinafter referred to as recipients of humanitarian aid (assistance).

The sale of humanitarian aid (full or partial) is prohibited.

3. Coordination on federal level The activities of bodies, organizations and individuals for the receipt and distribution of humanitarian aid (assistance) entering the Russian Federation are carried out by the Commission on International Humanitarian Issues of the Russian Federation (hereinafter referred to as the Commission), formed by Decree of the Government of the Russian Federation of April 16, 2004 N 215 “On the streamlining composition of coordinating, advisory, and other bodies and groups formed by the Government of the Russian Federation" (Collection of Legislation of the Russian Federation, 2004, No. 17, Art. 1658) (clause as amended by Decree of the Government of the Russian Federation of July 23, 2004 No. 376.

4. Import into the territory of the Russian Federation of food, medical products and medicines, including those related to humanitarian assistance (assistance), is carried out in accordance with the legislation of the Russian Federation.

Excise goods (products) cannot be classified as humanitarian aid (assistance), with the exception of vehicles intended for vehicles financed from the budgets of all levels of state and municipal organizations. special purpose for the provision of medical emergency care, as well as mobile diagnostic laboratories equipped with special medical equipment, received by medical institutions for their own needs; passenger cars designed to transport 10 people or more, imported for children's homes, orphanages, homes for the elderly and disabled; passenger cars equipped with lifts for wheelchairs, imported for rehabilitation centers for the disabled, meat and meat products, which, according to the terms of import, are intended only for industrial processing, semi-finished products, minced meat and fish, mechanically separated meat, as well as used clothing, shoes and bedding, with the exception of clothing, shoes and bedding sent to state and municipal organizations and institutions social protection population, healthcare, education, penal system, financed from budgets of all levels (paragraph as amended, put into effect on October 11, 2001 by Decree of the Government of the Russian Federation of September 26, 2001 N 691; supplemented on May 28, 2003 by Decree Government of the Russian Federation dated May 12, 2003 N 277.

5. Benefits for paying customs duties in respect of goods imported into the Russian Federation as humanitarian aid (assistance) do not apply to goods imported in accordance with foreign trade agreements (contracts) providing for payment for these goods by Russian legal entities and individuals.

5_1. In case of misuse of humanitarian aid (assistance), customs duties, taxes and other obligatory payments, as well as penalties and fines accrued on these amounts in accordance with the legislation of the Russian Federation, are subject to payment to the budget system of the Russian Federation.

Local self-government bodies inform the executive authorities of the constituent entities of the Russian Federation about facts of misuse of humanitarian aid (assistance), which forward the received information to the Commission, as well as to the relevant tax and customs authorities.
(The paragraph was additionally included on January 1, 2009 by Decree of the Government of the Russian Federation dated December 29, 2008 N 1044)

5_2. The Federal Customs Service submits quarterly information to the Commission on customs clearance of humanitarian aid (assistance) in the form and within the time frame agreed upon with the Commission. The customs authorities inform the internal affairs bodies about the recipients of humanitarian aid (assistance) so that they can carry out an appropriate check (the clause was additionally included on January 1, 2009 by Decree of the Government of the Russian Federation of December 29, 2008 N 1044).

II. Issuance of certificates confirming that funds, goods, works and services belong to humanitarian aid (assistance)

6. Decisions on confirmation of humanitarian aid (assistance) of funds and goods imported into the Russian Federation, as well as works and services, are made by the Commission. The list of documents confirming the humanitarian nature of the assistance provided is determined by the Commission. These documents are submitted by recipients of humanitarian aid (assistance), as well as by federal executive authorities, executive authorities of constituent entities of the Russian Federation, taking into account the intended purpose of the humanitarian assistance (assistance) received.

7. Decisions of the Commission are documented in protocols signed by its chairman (deputy chairman).

The commission, based on its decision, issues a certificate confirming that funds, goods, works and services belong to humanitarian aid (assistance), in the form according to the appendix. The certificate is submitted to the tax and customs authorities for the purpose of providing, in accordance with the established procedure, tax and customs benefits determined by the legislation of the Russian Federation. Copies of the certificate are sent to the Federal Tax Service and the Federal Customs Service within 3 days from the date of its issuance (paragraph as amended.

The certificate is signed by the chairman, deputy chairman or executive secretary of the Commission and certified by the seal of the Commission. The lists of funds, goods, works and services attached to the certificate are certified with a stamp with the inscription “Humanitarian assistance (assistance)”.

Sample signatures of the chairman, deputy chairman, executive secretary of the Commission, as well as the seal of the Commission and a stamp with the inscription “Humanitarian assistance (assistance)” are submitted by the Commission to the Federal Tax Service and the Federal Customs Service (paragraph as amended by Decree of the Government of the Russian Federation dated December 21, 2005 N 790.

The certificate is issued no later than 3 working days after the Commission makes the appropriate decision based on the power of attorney of the recipient of humanitarian aid (assistance) and is a document of strict accountability. The certificate is valid for one year from the date the Commission makes a decision to confirm that funds, goods, works and services belong to humanitarian aid (assistance).

A lost ID cannot be renewed. To obtain a new certificate, a second decision of the Commission is required.

8. Tax and customs benefits provided for in Article 2 Federal Law"On gratuitous assistance (assistance) of the Russian Federation and the introduction of amendments and additions to certain legislative acts of the Russian Federation on taxes and on the establishment of benefits for payments to state extra-budgetary funds in connection with the implementation of gratuitous assistance (assistance) to the Russian Federation" are provided to recipients of humanitarian aid ( assistance) only if you have the certificate specified in paragraph 7 of this Procedure.

9. Funds and goods related to humanitarian aid (assistance) are the property of the donor until the moment of their actual transfer to the recipient of humanitarian aid (assistance) (paragraph as amended, put into effect on May 28, 2003 by Decree of the Government of the Russian Federation dated May 12, 2003 N 277.

III. Customs clearance of goods imported into the Russian Federation as humanitarian aid (assistance)

10. Customs clearance of goods imported into the Russian Federation as humanitarian aid (assistance) is carried out in the manner determined by the Federal Customs Service (paragraph as amended by Decree of the Government of the Russian Federation of December 21, 2005 N 790; as amended, put into effect on 10 August 2006 by Decree of the Government of the Russian Federation dated July 26, 2006 N 459.

When importing these goods into the customs territory of the Russian Federation, the Federal Customs Service ensures their priority clearance and application of simplified customs procedures, exempts these goods in accordance with the legislation of the Russian Federation from taxes and from collecting fees for customs clearance (paragraph as amended by the Decree of the Government of the Russian Federation No. December 21, 2005 N 790.

IV. Accounting, storage and distribution of goods related to humanitarian aid (assistance), as well as the procedure for disposing of cars provided as humanitarian aid (assistance)

(heading supplemented on May 28, 2003 by Government Decree
Russian Federation dated May 12, 2003 N 277

11. All bodies and organizations receiving humanitarian aid (assistance) are obliged to ensure accounting, storage and distribution of goods related to humanitarian aid (assistance).

Accounting and storage of these goods are carried out separately from commercial goods.

12. Ensuring the safety of goods related to humanitarian aid (assistance) during transportation is the responsibility of the relevant transport organizations and internal affairs bodies.

13. Costs for transportation, unloading, storage and transfer to the final recipient of goods related to humanitarian aid (assistance) are carried out by agreement of the parties, including at the expense of the donor, or by decision of the executive authorities of the constituent entities of the Russian Federation at the expense of funds provided for in constituent entities of the Russian Federation to finance activities to ensure the provision of humanitarian assistance (assistance) to the Russian Federation (paragraph as amended, put into effect on May 28, 2003 by Decree of the Government of the Russian Federation dated May 12, 2003 N 277.

Free transfer of excise vehicles classified as humanitarian aid (assistance), specified in paragraph 4 of this Procedure, can only be carried out to state and municipal organizations (medical institutions, children's homes, orphanages, homes for the elderly and disabled, rehabilitation centers for the disabled, financed from budgets of all levels ) based on the Commission’s decision to amend a previously issued certificate. Such a decision is made on the basis of documents submitted to the Commission by the institution to which the cars are transferred, as well as by federal executive authorities and executive authorities of the constituent entities of the Russian Federation. The list of documents required to make a decision on making changes to a previously issued certificate is determined by the Commission (the paragraph was additionally included on May 28, 2003 by Decree of the Government of the Russian Federation dated May 12, 2003 N 277).

Commercial use of these vehicles or their use for other purposes is prohibited (the paragraph was additionally included on May 28, 2003 by Decree of the Government of the Russian Federation of May 12, 2003 N 277).

If these requirements are violated, the recipient of humanitarian aid (assistance) is subject to the measures provided for in this Procedure (the paragraph was additionally included on May 28, 2003 by Decree of the Government of the Russian Federation of May 12, 2003 N 277).

V. Monitoring the targeted use of humanitarian aid (assistance)

(section became invalid on January 1, 2009 -
Decree of the Government of the Russian Federation
dated December 29, 2008 N 1044, -

Appendix to the Order

Application
to the Procedure for providing humanitarian aid
assistance (assistance)
Russian Federation
(as amended as put into effect
from May 28, 2003 by resolution
Government of the Russian Federation
dated May 12, 2003 N 277;
as amended by the resolution
Government of the Russian Federation
dated July 23, 2004 N 376 -
see previous edition)

Commission on International Humanitarian Affairs
and technical assistance from the Government
Russian Federation

IDENTIFICATION

Extract
from the minutes of the N ____ meeting

Commission on International Humanitarian Affairs
and technical assistance from the Government
Russian Federation from ____ / ____/ ____

3. Country:

4. Project name:

Confirm affiliation with humanitarian aid:

Signature M.P.

List of invalid resolutions of the Government of the Russian Federation

APPROVED
Government resolution
Russian Federation
dated December 4, 1999 N 1335

1. Decree of the Government of the Russian Federation of March 18, 1992 N 170 “On measures to improve work with humanitarian aid coming from abroad.”

2. Resolution of the Council of Ministers - Government of the Russian Federation of August 10, 1993 N 760 "On amendments to the Regulations on the procedure for receiving, accounting, transportation, warehousing, security, distribution and sale of humanitarian aid cargo arriving in the territory of the Russian Federation from abroad "(Collected Acts of the President and Government of the Russian Federation, 1993, No. 33, Art. 3094).

3. Decree of the Government of the Russian Federation of May 25, 1994 N 532 “On the International Science Foundation and the International Foundation “Cultural Initiative” (Collected Legislation of the Russian Federation, 1994, N 5, Art. 498).

4. Clause 2 of the Decree of the Government of the Russian Federation of October 13, 1995 N 1009 “On introducing amendments and invalidating certain decisions of the Government of the Russian Federation” (Collected Legislation of the Russian Federation, 1995, N 43, Art. 4067).

5. Decree of the Government of the Russian Federation of July 18, 1996 N 816 “On benefits for the payment of customs duties in relation to goods imported into the customs territory of the Russian Federation as humanitarian aid” (Collected Legislation of the Russian Federation, 1996, N 31, Art. 3740) .

6. Decree of the Government of the Russian Federation of December 1, 1998 N 1414 "On introducing an amendment to the Decree of the Government of the Russian Federation of July 18, 1996 N 816 "On benefits for the payment of customs duties in relation to goods imported into the customs territory of the Russian Federation as humanitarian aid "(Collected Legislation of the Russian Federation, 1998, No. 49, Art. 6055).

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

On approval of the Procedure for providing humanitarian assistance (assistance) to the Russian Federation (as amended as of December 29, 2008)

Document's name: On approval of the Procedure for providing humanitarian assistance (assistance) to the Russian Federation (as amended as of December 29, 2008)
Document Number: 1335
Document type: Decree of the Government of the Russian Federation
Receiving authority: Government of the Russian Federation
Status: Active
Published: Collection of Legislation of the Russian Federation, N 50, 12/13/1999, Art. 6221

Russian newspaper, N 248, 12/15/1999

Acceptance date: 04 December 1999
Start date: December 23, 1999
Revision date: December 29, 2008

IN last years there is a consolidation of efforts of the international community in the field of humanitarian activities, which is beginning to acquire global character. At the same time, the initiative for assistance comes both from individual states and from authoritative international organizations.

Increasing international cooperation in the field of humanitarian response leads to the cooperation of individual countries, international and intergovernmental organizations within the framework of specific programs and projects of humanitarian activities, the integration of their resources and capabilities on a regional basis. In this case, the relevant government and international structures and their financial capabilities.

Simultaneously international organizations increasingly began to mobilize resources national structures various states to carry out specific emergency humanitarian response operations.

Against this background, there is a strengthening of the positions of non-governmental organizations operating under the auspices of the European Union, the UN and other international and intergovernmental institutions.
Russia has been taking an active part in international cooperation in the field of humanitarian response in recent years, primarily through the Russian Ministry of Emergency Situations. During this time, humanitarian assistance was provided to dozens of countries on various continents. Thousands of people were saved by Russian rescuers, and supplies, food and medicine worth billions of rubles were delivered to the affected countries.

International cooperation, promoting the unification of the efforts of the world community and states in the fight against disasters, as well as stimulating a certain integration of national efforts in this area, including economic ones, within the competence of international organizations, projects, programs, initiatives, has become an important component common labor humanity for the sake of the survival of civilization.

Within the framework of the UN, which unites all sovereign states world, the previously existing regulatory legal framework, based on generally accepted principles, was developed and supplemented with new documents international law. This base formed the legal basis for the international legal protection of each person individually and human civilization as a whole. These fundamental documents may include:
- Universal Declaration of Human Rights, human rights covenants;
- Final Act of the Conference on Security and Cooperation in Europe;
- conventions prohibiting genocide, apartheid, racial discrimination, torture, cruel and inhuman treatment;
- conventions specifically protecting the rights of women and children;
- conventions of the International Labor Organization regulating all aspects and types labor activity men, women and teenagers;
- Convention for the Protection of War Victims.

All these documents created (along with the regulation of other issues) the legal basis for international activities in the field of disaster management, which is currently carried out primarily on a humanitarian basis, which is why this activity is called humanitarian.
Humanitarian activities in the broad sense of the word are activities dedicated to the human person, aimed at ensuring human rights, freedoms and other interests. Humanitarian disaster response aims to ensure the survival of people and their communities in the face of disasters. In the process of humanitarian activities in the international arena, cooperation is carried out between its subjects and objects, which is called international humanitarian cooperation.

An important component of humanitarian work is humanitarian aid. It is usually found in disaster situations and, often, in peacekeeping operations.

Humanitarian assistance- this is assistance provided on a voluntary basis to the population in emergency situations of various types, without seeking any financial or political gain in order to alleviate the hardships and deprivations of the victims. Important feature humanitarian assistance is the gratuitous provision of it to the victims, the charitable order of this form of assistance.

Humanitarian assistance has the following main goals:
- ensure rescue and survival the largest number people affected by a natural disaster, man-made disaster or armed conflict, to preserve their health, as far as possible, in an emergency situation;
- restore the economic independence of all population groups and the functioning of life support services in as soon as possible, paying Special attention those most in need;
- repair and restore damaged infrastructure and revive economic activity.

Domestic and international humanitarian assistance is based on three fundamental principles- humanity, impartiality, neutrality.

The procedure for organizing domestic and international humanitarian assistance may differ significantly. Her organizational forms also depend significantly on the nature of the emergency situation, its scale, the specific needs of the population, geographical conditions emergency zone, relationships between actors and objects of assistance and many other factors. However, it is possible to outline a number of areas of work that are typical for most cases of humanitarian assistance.

Humanitarian assistance, as a rule, includes, firstly, the free supply of victims with various material resources, food, medicine, and, secondly, providing them with some necessary services.

International humanitarian aid broadly includes, and is sometimes used synonymously with, international disaster relief. Therefore, providing international emergency disaster relief is also critical integral part international activities in the field of disaster management.

Providing emergency international disaster assistance consists of providing the affected country, the countries of the affected region or the directly affected population with basic necessities (temporary shelter, water, food, medicine, property), personnel to provide assistance and services (emergency rescue, medical, utility, transport, information, etc.). Let us emphasize once again that in most cases, humanitarian assistance and emergency disaster relief are difficult to separate in meaning and content and most often simply use different terms to describe the same activity.

In the international practice of conducting humanitarian operations, six main areas of action are identified, the degree of importance and priority of which varies in hierarchy and scale. But in general, these directions can be considered basic:
- search and rescue;
- providing asylum;
- provision of food;
- supply drinking water;
- medical and social Security;
- protection from violence and intimidation.

These areas of action are determined by the real needs of people affected by emergency situations.

All actions to provide humanitarian assistance are based on the relationship between its two parties - subjects and objects.

The subjects of humanitarian assistance are organizations of the UN system, other international humanitarian organizations, and donor countries. The latter are the decisive link in the humanitarian aid system, since it is their material and financial resources that serve as its source. As examples of UN donor countries, most developed and some other states, such as Australia, Great Britain, European Union, Canada, the Netherlands, Norway, USA, Finland, Japan, etc.

The right to receive or offer humanitarian assistance is a fundamental humanitarian right that should belong to all people. Therefore, the need to gain unhindered access to disaster victims is essential to the success of humanitarian assistance.
At the same time, the role of objects of humanitarian aid is mainly taken by citizens of states suffering from disaster as a result of emergency situations natural and man-made, armed conflicts, emergency socio-economic circumstances. In addition, assistance can be provided to local governments and organizations providing life support to the population in emergency zones. If necessary, humanitarian assistance is provided at all stages of the emergency response.

In a sudden emergency situation, humanitarian assistance primarily pursues the goals of material and emergency medical care in the name of salvation and preservation human lives. It also allows victims to meet their basic needs for health care, shelter, clothing, water and food, including cooking facilities.
In the event of a civil or international conflict, the purpose of humanitarian assistance is not only to provide, but also to protect the civilian population, which is most often carried out under the auspices of the relevant UN structures and in cooperation with the International Committee of the Red Cross in accordance with international agreements. In all these cases, the formation, delivery, distribution and delivery of humanitarian aid to those in need is carried out, as already indicated, through humanitarian operations.

The organization of international disaster response activities is carried out by the UN, international humanitarian organizations, and individual states, as a rule, on a bilateral and multilateral basis.

To conduct humanitarian activities, including disaster response, special bodies, organizations, programs, committees and commissions have been created within the UN. New intergovernmental and non-governmental international humanitarian organizations continue their important activities or emerge.

A special place in the fight against disasters is currently occupied by:
- United Nations Office for the Coordination of Humanitarian Affairs (OCHA);
- Office of the United Nations High Commissioner for Refugees (UNHCR);
- United Nations Educational, Scientific and Cultural Organization (UNESCO);
- UN Food and Agriculture Organization agriculture(FAO);
- World Food Program (WFP);
- United Nations Development Program (UNDP);
- UN Program for environment(UNEP);
- United Nations Children's Fund (UNICEF);
- World organization health (WHO);
- World Meteorological Organization (WMO);
- International Committee of the Red Cross;
- International Federation of Red Cross and Red Crescent Societies;
- International Civil Defense Organization (ICDO) and some others.

IN Lately The North Atlantic Alliance (NATO) has stepped up its role in addressing humanitarian issues, especially through its Civil Emergency Planning Department (CEP).
International disaster response activities, as we see, are based mainly on the efforts of the UN and its bodies. Resolution General Assembly UN 46/182 established principles for the provision of humanitarian assistance and recommended measures to ensure response to large-scale emergencies. At the same time, the leadership and coordination of the efforts of the international community to provide disaster relief to affected countries is named one of the important tasks of the UN.

A financial mechanism has been created for the response of UN system organizations, which is based on an Emergency Fund with a constantly renewed capital of 50 million US dollars.

The UN Office for the Coordination of Humanitarian Affairs plays a direct coordinating role in disasters. The department links UN activities with the efforts of other participants in international humanitarian activities, collects contributions for assistance, organizes interaction between affected countries and donor countries, and stimulates the study, forecasting, and prevention of disasters.

International refugee protection is carried out under the leadership of the well-known Office of the United Nations High Commissioner for Refugees. The Department is engaged in solving the problems of refugees by assisting states, international and private organizations in the settlement and livelihoods of refugees, their voluntary repatriation or assimilation into new national communities. UNHCR is involved in providing assistance in emergency situations, often leading humanitarian operations.

The coordination of the activities of UN agencies, including on the issue under consideration, is usually carried out by the Inter-Agency Standing Committee. Certain structures, resources, and mechanisms for the international community to respond to large-scale emergencies under the auspices of the UN have also been created.

The coordinated functioning of this system allows the UN, with the participation of states and international organizations, to solve, within the existing political and economic capabilities, the enormously complex task of countering disasters at the international level.

In the event of a difficult situation and the scale of the disaster does not correspond to the available financial capabilities of the affected state, the UN DHA provides financial assistance to the government of that country. The purpose of this financial assistance, allocated by donor countries of the international community, is to cover the costs of meeting the most essential needs of the affected population, which cannot be financed from national resources. UN OCHA can provide up to $50,000 via transfer through the UN Development Program office in the affected country. This financial aid can only be provided if the national government makes a request for international assistance immediately after the emergency occurs and of this request to the appropriate UNDP office within the first week after the emergency occurs.

UN OCHA constantly maintains and renews stocks of emergency relief supplies received from donor countries in its warehouses located on various continents. One of these warehouses, for example, is located in Pisa (Italy). Basically, these warehouses store the necessary items for the survival of the affected population (tents, blankets, clothes, shoes, etc.), which UNOCHA can deliver by air to the area of ​​the emergency situation free of charge.
The international humanitarian response system that has been created and is currently functioning provides for the provision of humanitarian assistance not only under the leadership of UN OCHA, but also directly by countries that have expressed a desire to provide such assistance.
Today, in many states, primarily donor countries, special government organizations have been created that, with the coordinating role of the UN OCHA, or independently solve the problems of humanitarian response.

As an example, this government organization to provide humanitarian assistance to foreign countries in emergency situations, one can cite the activities of the US Office of Foreign Disaster Assistance (OFDA), which, according to the law of this country on foreign aid(1961) operates under the Agency for International Development. The OFDA Director is the special coordinator for the President of the United States for all federal government efforts to provide humanitarian assistance in the event of natural disasters and catastrophes abroad.
The Bureau implements programs to assist other states in preventing and eliminating the consequences of natural and man-made disasters. It uses the means of others federal agencies, organizations, private foundations, and individuals in the United States, provides assistance with machinery and equipment, trains faculty for training systems in other countries, provides improved disaster management technologies, provides material assistance, and sends trained personnel to disaster relief efforts.

The issue of providing assistance is considered in the United States after receiving a request from a country in need of it. The volume of necessary assistance is confirmed by the US Ambassador to that country, or by a special emissary sent by the OFDA directly to the disaster area.
Assistance to foreign countries is provided by decision of the US Congress. The President of the United States requests money from Congress. It sometimes takes more than a year to resolve this issue. At the same time, the US Congress puts forward a number of demands, both political and economic nature. For example, such requirements may include the conditions to provide assistance only with American goods, to use only the American fleet to transport assistance, etc. However, the President of the United States, if there is a need to provide urgent assistance, can make decisions independently (which happens more often in practice) with subsequent submission of a report to the US Congress.

The annual budget of the OFDA is approved by the US Congress within the range of about 50 million dollars. If necessary, up to $50 million more can be allocated through other programs.
To monitor the correct use of the assistance provided, the OFDA sends an emissary to the country receiving assistance. All OFDA work to provide assistance abroad is carried out on a contract basis. Contracts for the allocation of the necessary forces and means to provide assistance are concluded with the relevant US services.

The Russian Federation highly appreciates the results achieved by the world community in difficult and difficult path the formation of an international system of measures aimed at counteracting disasters, and a system of international organizations called upon, together with national forces, to carry out these tasks. Particularly noteworthy is the effectiveness of the existing economic mechanisms for solving complex problems of financing humanitarian projects, and the skillful search for financial and material resources for this.

Russian Federation accepts Active participation in international humanitarian work. From the point of view of its foreign policy objectives, it views it as international and serving the goals of stability and security in the world. Russia's participation in international humanitarian cooperation has today been elevated to the rank of state policy.

Integration of the Russian Ministry of Emergency Situations into the activities of similar structures of the world community is an objectively natural and necessary process. It allows us to find effective ways to solve problems of protecting the population and territories from emergency situations, to develop international experience prevention and liquidation of emergency situations, to minimize the scale of the consequences of major accidents, catastrophes and natural disasters, where the paramount factor is the timeliness and professionalism of the actions of the forces involved, including foreign ones, the efficiency of the search and use of financial and material resources..

The Ministry of Emergency Situations of Russia carries out its activities to provide international humanitarian assistance to the population of the Russian Federation and foreign countries affected by emergency situations jointly with interested federal executive authorities on the basis of decisions of the Government of the Russian Federation with the coordinating role of the Russian Ministry of Foreign Affairs.

Expenses for economic and humanitarian assistance to foreign countries affected by natural and man-made disasters and military conflicts are provided for in the annual budget of the Russian Federation and amount to about 80 million rubles and 2-2.5 million US dollars. In addition, funds from the reserve fund of the Government of the Russian Federation are used for humanitarian operations and liquidation of consequences of emergency situations. In each specific case of providing humanitarian assistance to the affected country, it is adopted by the relevant resolution of the Government of the Russian Federation.

Regulatory legal basis international humanitarian activities of the Russian Federation and, in particular, the Russian Ministry of Emergency Situations, are relevant international legal acts and the legislation of our country.

The Russian Ministry of Emergency Situations in the international arena operates in strict accordance with the Constitution of the Russian Federation, the previously mentioned federal laws in the field of natural and man-made safety, as well as other regulatory legal documents affecting these problems. It should be especially emphasized that these activities are built taking into account the provisions and on the basis of strict compliance with the requirements of the Geneva Conventions for the Protection of Victims of War of 1949 and their Additional Protocols. In addition, it is regulated by decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation and other acts.

To mobilize the capabilities of the Russian Ministry of Emergency Situations to carry out humanitarian tasks according to UN standards, the Russian National Emergency Humanitarian Response Corps was created (Decree of the Government of the Russian Federation of October 13, 1995). The body includes:
- agency "EMERKOM";
- central airmobile rescue squad, including a mobile hospital;
- automobile and engineering civil defense brigades;
- aviation enterprise.

This structure has ensured a qualitatively new state of the humanitarian forces of the Russian Ministry of Emergency Situations - readiness to act upon requests from the UN and other humanitarian structures in any area of ​​the world with high efficiency.

Russian regulatory legal regulation Russia's participation in international humanitarian activities is supplemented by the appropriate legal framework on issues of international cooperation with other states, unions of states, and international organizations. At the same time, areas of cooperation are being specified, including in the field of humanitarian response, the exchange of scientific and technical information and experience in emergency response.
A current area of ​​contractual and legal work is interdepartmental and interinstitutional agreements. In this case, it is possible to consolidate the achieved results by specific projects and programs, form broader partnerships on a mutually beneficial basis. An example of this are memorandums and agreements with UNHCR (1993), NATO (1996), humanitarian structures of Norway (1995), World Food Program (2001), Organization of African Unity (1997) and other acts.

Thus, the international humanitarian activities of the Ministry of Emergency Situations of Russia and the Russian Federation are based on a solid foundation of domestic legislation, international humanitarian law and contractual relations with foreign countries.

These legal norms apply to bilateral and multilateral relations. In this case, international normative standards have priority. legal documents. If international treaties of the Russian Federation establish rules other than those contained in the country’s legislation in the field of protecting the population and territories from emergency situations, then the rules of international treaties apply.

The regulatory legal framework ensures the practical international activities of the Russian Ministry of Emergency Situations in the field of counteracting disasters and solving humanitarian problems, which is important both for the world community and for Russia itself. In this area of ​​its activity, the Ministry, having summarized national and international experience, created a recognized and authoritative help service, which fit into the world system emergency humanitarian response to disasters and crises of various types.

The practice of international activities of the Russian Ministry of Emergency Situations includes cooperation with foreign countries, interstate and non-governmental organizations in the field of protecting the population and territories from emergency situations. Wherein:
- takes part in large-scale and relevant humanitarian actions of the UN and the international community, providing assistance to affected countries in carrying out emergency rescue operations, and supplying humanitarian supplies;
- support for Russia's interests is ensured when solving major foreign policy problems;
- assistance is provided to Russian citizens in emergency situations abroad;
- assistance and rescue technologies are jointly developed, professional training specialists.

A priority in Russia's international cooperation in the field of protecting the population and territories from emergency situations of various types is interaction and cooperation on this issue with the CIS member states.

The priority of these relations is determined by the Decree of the President of the Russian Federation of September 14, 1995 “On approval of the strategic course for the development of relations of the Russian Federation with the CIS member states.” The decree emphasizes that the development of the Commonwealth meets the vital interests of the Russian Federation, and relations with its member states are an important factor in Russia’s inclusion in world political and economic structures.

Based on this decree, a number of intergovernmental, interdepartmental, bilateral and multilateral agreements with neighboring countries in the field of protecting populations and territories from emergency situations were prepared, signed and entered into force. Their preparation was carried out in accordance with the requirements of the Law on international treaties of the Russian Federation, the Concept of international cooperation of the Ministry of Emergency Situations of Russia in interaction with interested federal executive authorities. In total, 16 agreements have been concluded and are in force with the CIS member states, including 10 bilateral and 6 multilateral.

As is clear from the outlined procedure for providing international emergency assistance in disasters, the main efforts to provide it fall on the UN system and donor countries like the United States. However, this is not enough to successfully counteract disasters.

The bulk of disaster response efforts in most cases occur at the national level. Affected countries invest huge amounts of their national financial and material resources in the fight against the disasters that have befallen them, which in most cases are not comparable with the amount of international assistance.

This completely natural ratio of the contribution of the affected states and the world community to the fight against specific disasters will obviously continue in the future. Only a few small developing countries are forced to rely primarily on assistance from the international community in the event of disasters.
Developing countries, adopting the experience of developed countries and the UN, are improving their national disaster response systems and economic assistance mechanisms in order to cope with them more effectively in the future. However, with the growth of the organizational, technological and economic capabilities of states to counteract disasters, the need for international humanitarian activities in this area, including international emergency disaster relief, continues to persist.

1. These Regulations define the legal and organizational basis for the procedure for receiving, recording and distributing humanitarian aid arriving in the Kyrgyz Republic. Legal entities and individuals, international organizations, their branches and representative offices receiving humanitarian assistance, in their activities are guided by the Constitution of the Kyrgyz Republic, laws of the Kyrgyz Republic, acts of the President of the Kyrgyz Republic, decisions of the Government of the Kyrgyz Republic, which have entered into force in the manner prescribed by law by international treaties on humanitarian aid. assistance, of which the Kyrgyz Republic is a participant, and this Regulation.

2. Authorized state body in the field of labor and social development The Kyrgyz Republic coordinates the procedure for receiving and recording the distribution of humanitarian aid, with the exception of humanitarian aid received by the authorized state body that manages the state material reserve.

2-1. Registration of recipients of humanitarian assistance who have received a conclusion from the authorized state body in the field of labor and social development on the humanitarian nature of the cargo is carried out in the Corporate Information System of Social Assistance (KISSP) and information about the humanitarian assistance they received is posted on the official website of the authorized state body in the field of labor and social development social development of the Kyrgyz Republic, with the exception of assistance received by the Armed Forces of the Kyrgyz Republic, law enforcement, national security agencies and other military formations that have the appropriate restrictive stamp.

May 4, 2017 No. 251)

3. The following basic concepts apply in these Regulations:

humanitarian aid- assets provided free of charge by states, organizations to the Government of the Kyrgyz Republic, local government bodies, state, non-profit organizations, as well as to individuals in need in the form of food, machinery, equipment, equipment, medical supplies and medicines, other property to improve the living conditions of the population, as well as to prevent and eliminate the consequences of emergency situations of a natural, biological-social, conflict, environmental and man-made nature, subject to their further consumption and/or free distribution;

sender of humanitarian aid (donor)- foreign states, their bodies, foreign organizations and institutions, foreign citizens (individuals) and international organizations;

recipient- The Government of the Kyrgyz Republic, local government bodies, state, non-profit organizations, as well as individuals in need of the Kyrgyz Republic, international donor organizations and their representative offices and branches, to which humanitarian aid is received, for its further distribution;

consumer- legal entities and individuals of the Kyrgyz Republic who are direct users of humanitarian assistance.

4. Humanitarian aid received on the territory of the Kyrgyz Republic, before its transfer to the consumer, is the property of the donor.

5. Customs operations in relation to humanitarian aid are carried out in the manner determined by the customs legislation of the Eurasian Economic Union and the legislation of the Kyrgyz Republic in the field of customs.

6. Humanitarian goods imported into the territory of the Kyrgyz Republic, as well as vehicles delivering humanitarian goods, are exempt from taxes, customs duties and fees for actions related to the release of goods.

The sale of humanitarian aid (full or partial) is prohibited. Humanitarian aid received purposefully by the authorized government agency, which manages the state material reserve, is implemented in accordance with the Law of the Kyrgyz Republic “On State Material Reserve”.

7. Humanitarian cargo must comply with international and national standards quality.

The humanitarian nature of the cargo arriving in the Kyrgyz Republic for the purpose of providing humanitarian assistance is determined by the authorized state body in the field of labor and social development in the form of a conclusion (decision). A conclusion on the nature of the humanitarian cargo is issued signed by the head of the authorized state body in the field of labor and social development or his deputy in charge of this area.

8. Types of humanitarian assistance include goods provided for in the List of categories of goods in respect of which a special customs procedure may be established, and the conditions for their placement under such a customs procedure, approved by decision of the Customs Union Commission dated May 20, 2010 No. 329, confirmed by the corresponding donation certificate donor. The gift certificate of the donor (individual) must be notarized.

Under the guise of humanitarian aid, the import of alcohol, tobacco products, precious metals, precious stones, products made from them, as well as literature of a religious nature that contains calls for changes in the constitutional system, religious intolerance, and the moral foundations of society is prohibited.

The import of literature of a religious nature is carried out in agreement with the authorized state bodies for religious affairs, national security and internal affairs.

13. Reception by the recipient of humanitarian aid is carried out in the presence of a representative of the authorized state body in the field of labor and social development (selectively) and other interested parties authorized by the donor.

18-2. The distribution of humanitarian aid by local governments, scientific and educational organizations, to which humanitarian aid is received, is carried out with the participation of representatives of non-profit organizations and the local community.

(As amended by the Decree of the Government of the Kyrgyz Republic dated May 4, 2017 No. 251)

19. Donors are recommended to supply medicines, medical products and medical equipment to the Kyrgyz Republic in accordance with the List of vital medicines determined by the Government of the Kyrgyz Republic.

20. Humanitarian assistance for medical purposes is provided by donors after preliminary coordination and approval of the distribution plan by the authorized state body in the field of health care, taking into account the need, names and quantity of humanitarian assistance provided.

21. Humanitarian medicines at the time of receipt must have a remaining shelf life of at least one year, with the exception of cases of targeted assistance. For sera and vaccines with a shelf life of one year or less, the remaining shelf life must be at least fifty percent. These requirements do not apply to medical products for which shelf life requirements are not established.

When importing medical products through humanitarian aid, the applicant must submit documents confirming the safety of the products and/or a letter of guarantee (declaration) from the donor stating that the medical products are in good working order.

The procedure for circulation of medical products received through humanitarian aid is carried out in accordance with the Decree of the Government of the Kyrgyz Republic “On approval of the Technical Regulations “On the Safety of Medical Products” dated February 1, 2012 No. 74.

The import of used medical products is approved and approved by a decision of the authorized state body in the field of healthcare.

22. Acceptance of humanitarian aid for medical purposes by the recipient is carried out in the presence of a representative of the authorized state body in the field of healthcare.

23. Control over the further targeted use of humanitarian aid in the Kyrgyz Republic is carried out by the authorized state body in the field of labor and social development, with the exception of humanitarian aid received by the authorized state body that manages the state material reserve.

FORM
reporting by recipients of humanitarian assistance

(As amended by the resolution of the Government of the Kyrgyz Republic dated May 4, 2017 No. 251 )

No. and date of conclusion of the authorized government agency in the field of labor and social development

Recipient of humanitarian aid

Distribution

Name of humanitarian aid (product)

Unit

According to plan

Actually distributed

Balance/Reserve (for emergencies) on ___________

Organization that received humanitarian aid

Region

Address

Amount(*) (som)

Amount(*) (som)

Amount(*) (som)

Amount(*) (som)

(*) the amount is indicated by the donor for customs purposes only

Order
providing humanitarian assistance (assistance) to the Russian Federation
(approved by resolution

With changes and additions from:

September 26, 2001, May 12, 2003, July 23, 2004, December 21, 2005, July 26, 2006, December 29, 2008

I. Fundamentals

1. This Procedure regulates the provision of humanitarian aid (assistance) to the Russian Federation, including its receipt, the issuance of certificates confirming that funds, goods and services belong to humanitarian aid (assistance), customs clearance, accounting, storage, distribution, as well as the procedure for disposing of those provided in as humanitarian aid (assistance) with passenger cars.

2. Humanitarian assistance (assistance) is understood as a type of free assistance (assistance) provided to provide medical and social assistance to low-income, socially unprotected groups of the population affected by natural disasters and other emergency incidents, to eliminate the consequences of natural disasters and other emergency incidents, expenses for transportation, support and storage of the specified assistance (assistance).

Humanitarian assistance (assistance) can be provided by foreign states, their federal or municipal entities, international and foreign institutions or non-profit organizations, foreign individuals (hereinafter referred to as donors).

Humanitarian aid (assistance) can be provided to the Russian Federation, constituent entities of the Russian Federation, government bodies, local governments, legal entities and individuals (hereinafter referred to as recipients of humanitarian aid (assistance).

The sale of humanitarian aid (full or partial) is prohibited.

3. Coordination at the federal level of the activities of bodies, organizations and individuals in receiving and distributing humanitarian aid (assistance) entering the Russian Federation is carried out by the Commission on International Humanitarian and Technical Assistance under the Government of the Russian Federation (hereinafter referred to as the Commission), established by a resolution of the Government of the Russian Federation Federation of April 16, 2004 N 215 “On streamlining the composition of coordination, advisory, and other bodies and groups formed by the Government of the Russian Federation” (Collection of Legislation of the Russian Federation, 2004, N 17, Art. 1658).

4. Import into the territory of the Russian Federation of food, medical products and medicines, including those related to humanitarian aid (assistance), is carried out in accordance with the legislation of the Russian Federation.

Excise goods (products) cannot be classified as humanitarian aid (assistance), with the exception of special-purpose vehicles intended for the provision of emergency medical care, financed from the budgets of all levels of state and municipal organizations, as well as mobile diagnostic laboratories equipped with special medical equipment received by medical institutions for your own needs; passenger cars designed to transport 10 people or more, imported for children's homes, orphanages, homes for the elderly and disabled; passenger cars equipped with lifts for wheelchairs, imported for rehabilitation centers for the disabled, meat and meat products, which, according to the terms of import, are intended only for industrial processing, semi-finished products, minced meat and fish, mechanically separated meat, as well as used clothing, shoes and bedding supplies, with the exception of clothing, shoes and bedding, sent to state and municipal organizations and institutions for social protection of the population, healthcare, education, and the penitentiary system, financed from budgets of all levels.

5. Benefits for paying customs duties in respect of goods imported into the Russian Federation as humanitarian aid (assistance) do not apply to goods imported in accordance with foreign trade agreements (contracts) providing for payment for these goods by Russian legal entities and individuals.

5.1. In case of misuse of humanitarian aid (assistance), customs duties, taxes and other obligatory payments, as well as penalties and fines accrued on these amounts in accordance with the legislation of the Russian Federation, are subject to payment to the budget system of the Russian Federation.

Local self-government bodies inform the executive authorities of the constituent entities of the Russian Federation about facts of misuse of humanitarian aid (assistance), which forward the received information to the Commission, as well as to the relevant tax and customs authorities.

5.2. The Federal Customs Service submits quarterly information to the Commission on customs clearance of humanitarian aid (assistance) in the form and within the time frame agreed upon with the Commission. Customs authorities inform internal affairs bodies about recipients of humanitarian aid (assistance) so that they can carry out an appropriate check.

II. Issuance of certificates confirming that funds, goods, works and services belong to humanitarian aid (assistance)

6. Decisions on confirmation of humanitarian aid (assistance) of funds and goods imported into the Russian Federation, as well as works and services, are made by the Commission. The list of documents confirming the humanitarian nature of the assistance provided is determined by the Commission. These documents are submitted by recipients of humanitarian aid (assistance), as well as by federal executive authorities, executive authorities of constituent entities of the Russian Federation, taking into account the intended purpose of the humanitarian assistance (assistance) received.

7. Decisions of the Commission are documented in protocols signed by its chairman (deputy chairman).

The commission, based on its decision, issues a certificate confirming that funds, goods, works and services belong to humanitarian aid (assistance), in the form according to Appendix. The certificate is submitted to the tax and customs authorities for the purpose of providing, in accordance with the established procedure, tax and customs benefits determined by the legislation of the Russian Federation. Copies of the certificate are sent to the Federal Tax Service and the Federal Customs Service within 3 days from the date of its issuance.

The certificate is signed by the chairman, deputy chairman or executive secretary of the Commission and certified by the seal of the Commission.

The lists of funds, goods, works and services attached to the certificate are certified with a stamp with the inscription “Humanitarian assistance (assistance)”.

Sample signatures of the chairman, deputy chairman, executive secretary of the Commission, as well as the seal of the Commission and a stamp with the inscription “Humanitarian assistance (assistance)” are submitted by the Commission to the Federal Tax Service and the Federal Customs Service.

The certificate is issued no later than 3 working days after the Commission makes the appropriate decision based on the power of attorney of the recipient of humanitarian aid (assistance) and is a document of strict accountability. The certificate is valid for one year from the date the Commission makes a decision to confirm that funds, goods, works and services belong to humanitarian aid (assistance).

A lost ID cannot be renewed. To obtain a new certificate, a second decision of the Commission is required.

8. Tax and customs benefits provided for in Article 2 of the Federal Law “On gratuitous assistance (assistance) of the Russian Federation and amendments and additions to certain legislative acts of the Russian Federation on taxes and on the establishment of benefits for payments to state extra-budgetary funds in connection with the implementation of gratuitous assistance (assistance) of the Russian Federation" are provided to recipients of humanitarian aid (assistance) only if they have the certificate specified in paragraph 7 of this Procedure.

9. Funds and goods related to humanitarian aid (assistance) are the property of the donor until the moment of their actual transfer to the recipient of humanitarian aid (assistance).

III. Customs clearance of goods imported into the Russian Federation as humanitarian aid (assistance)

10. Customs clearance of goods imported into the Russian Federation as humanitarian aid (assistance) is carried out in the manner determined by the Federal Customs Service.

When importing these goods into the customs territory of the Russian Federation, the Federal Customs Service ensures their priority clearance and application of simplified customs procedures, exempts these goods in accordance with the legislation of the Russian Federation from taxes and from the collection of fees for customs clearance.

IV. Accounting, storage and distribution of goods related to humanitarian aid (assistance), as well as the procedure for disposing of cars provided as humanitarian aid (assistance)

11. All bodies and organizations receiving humanitarian aid (assistance) are obliged to ensure accounting, storage and distribution of goods related to humanitarian aid (assistance).

Accounting and storage of these goods are carried out separately from commercial goods.

12. Ensuring the safety of goods related to humanitarian aid (assistance) during transportation is the responsibility of the relevant transport organizations and internal affairs bodies.

13. Costs for transportation, unloading, storage and transfer to the final recipient of goods related to humanitarian aid (assistance) are carried out by agreement of the parties, including at the expense of the donor, or by decision of the executive authorities of the constituent entities of the Russian Federation at the expense of funds provided for in constituent entities of the Russian Federation to finance activities to ensure the provision of humanitarian assistance (assistance) to the Russian Federation.

Free transfer of excise vehicles classified as humanitarian aid (assistance), specified in paragraph 4 of this Procedure, can only be carried out to state and municipal organizations (medical institutions, children's homes, orphanages, homes for the elderly and disabled, rehabilitation centers for the disabled, financed from budgets of all levels ) based on the Commission’s decision to amend a previously issued certificate. Such a decision is made on the basis of documents submitted to the Commission by the institution to which the cars are transferred, as well as by federal executive authorities and executive authorities of the constituent entities of the Russian Federation. The list of documents required to make a decision on making changes to a previously issued certificate is determined by the Commission.

Commercial use of these vehicles or their use for other purposes is prohibited.

If these requirements are violated, the recipient of humanitarian aid (assistance) is subject to the measures provided for in this Procedure.

Application
to the Procedure for providing humanitarian aid
assistance (assistance) of the Russian Federation
(as amended May 12, 2003,
July 23, 2004)

Commission
on issues of international humanitarian and technical assistance under the Government of the Russian Federation

Certificate Extract from the minutes of the N ____ meeting Commission on International Humanitarian and Technical Assistance under the Government of the Russian Federation dated ____ / ____/ ____ 1. Russian recipient: ________________________________________________ (name and details, including TIN) 2. Donor: 3. Country: 4. Project name: Confirm affiliation with humanitarian aid: Signature M.P.

Scroll
resolutions of the Government of the Russian Federation that have become invalid
(approved by Decree of the Government of the Russian Federation of December 4, 1999 N 1335)

1. Decree of the Government of the Russian Federation of March 18, 1992 N 170 “On measures to improve work with humanitarian aid coming from abroad.”

2. Resolution of the Council of Ministers - Government of the Russian Federation dated August 10, 1993 N 760 "On amendments to the Regulations on the procedure for reception, accounting, transportation, warehousing, security, distribution and sale of humanitarian aid cargo arriving on the territory of the Russian Federation due to milestone" (Collected Acts of the President and Government of the Russian Federation, 1993, No. 33, Art. 3094).

3. Decree of the Government of the Russian Federation of May 25, 1994 N 532 “On the International Science Foundation and International Foundation"Cultural Initiative" (Collected Legislation of the Russian Federation, 1994, No. 5, Art. 498).

4. Clause 2 of the Decree of the Government of the Russian Federation of October 13, 1995 N 1009 “On introducing amendments and invalidating certain decisions of the Government of the Russian Federation” (Collected Legislation of the Russian Federation, 1995, N 43, Art. 4067).

5. Decree of the Government of the Russian Federation of July 18, 1996 N 816 “On benefits for the payment of customs duties in relation to goods imported into the customs territory of the Russian Federation as humanitarian aid” (Collected Legislation of the Russian Federation, 1996, N 31, Art. 3740 ).

6. Decree of the Government of the Russian Federation dated December 1, 1998 N 1414 “On introducing an amendment to the Decree of the Government of the Russian Federation dated July 18, 1996 N 816 “On benefits for the payment of customs duties in relation to goods imported into the customs territory of the Russian Federation as humanitarian aid" (Collected Legislation of the Russian Federation, 1998, No. 49, Art. 6055).

It does not work Editorial from 12.05.2003

Name of documentDECREE of the Government of the Russian Federation dated 04.12.99 N 1335 (as amended on 12.05.2003) "ON APPROVAL OF THE PROCEDURE FOR PROVIDING HUMANITARIAN ASSISTANCE (ASSISTANCE) TO THE RUSSIAN FEDERATION"
Document typedecree, list, order
Receiving authorityRussian government
Document Number1335
Acceptance date01.01.1970
Revision date12.05.2003
Date of registration with the Ministry of Justice01.01.1970
StatusIt does not work
Publication
  • The document was not published in this form
  • Document in electronic form FAPSI, STC "System"
  • (as amended on 12/04/99 - “Collection of Legislation of the Russian Federation”, 12/13/99, N 50, Art. 6221,
  • "Rossiyskaya Gazeta" 12/14/99 N 248)
NavigatorNotes

DECREE of the Government of the Russian Federation dated 04.12.99 N 1335 (as amended on 12.05.2003) "ON APPROVAL OF THE PROCEDURE FOR PROVIDING HUMANITARIAN ASSISTANCE (ASSISTANCE) TO THE RUSSIAN FEDERATION"

PROCEDURE FOR PROVIDING HUMANITARIAN ASSISTANCE (ASSISTANCE) TO THE RUSSIAN FEDERATION

dated 26.09.2001 N 691, dated 12.05.2003 N 277)

I. Fundamentals

1. This Procedure regulates the provision of humanitarian assistance (assistance) to the Russian Federation, including its receipt, issuance of certificates confirming the belonging of funds, goods and services to humanitarian assistance (assistance), customs clearance, accounting, storage, distribution and control over the intended use, and also the procedure for disposing of passenger cars provided as humanitarian aid (assistance).

dated 12.05.2003 N 277)

2. Humanitarian assistance (assistance) is understood as a type of free assistance (assistance) provided to provide medical and social assistance to low-income, socially unprotected groups of the population affected by natural disasters and other emergency incidents, to eliminate the consequences of natural disasters and other emergency incidents, expenses for transportation, support and storage of the specified assistance (assistance).

Humanitarian assistance (assistance) can be provided by foreign states, their federal or municipal entities, international and foreign institutions or non-profit organizations by foreign individuals (hereinafter referred to as donors).

(as amended by Decree of the Government of the Russian Federation dated May 12, 2003 N 277)

Humanitarian aid (assistance) can be provided to the Russian Federation, constituent entities of the Russian Federation, government bodies, local governments, legal entities and individuals (hereinafter referred to as recipients of humanitarian aid (assistance).

The sale of humanitarian aid (full or partial) is prohibited.

3. Coordination at the federal level of the activities of bodies, organizations and individuals in receiving and distributing humanitarian aid (assistance) entering the Russian Federation is carried out by the Commission on International Humanitarian Assistance under the Government of the Russian Federation (hereinafter referred to as the Commission), formed by a resolution of the Government of the Russian Federation dated September 29, 1997 N 1244 “On the formation of the Commission on International Humanitarian Assistance under the Government of the Russian Federation and the abolition of the Commission on International Humanitarian and Technical Assistance under the Government of the Russian Federation” (Collected Legislation of the Russian Federation, 1997, N 40, Art. 4604 ).

4. Import into the territory of the Russian Federation of food, medical products and medicines, including those related to humanitarian aid (assistance), is carried out in accordance with the legislation of the Russian Federation.

Excise goods (products) cannot be classified as humanitarian aid (assistance), with the exception of special-purpose vehicles intended for the provision of emergency medical care, financed from the budgets of all levels of state and municipal organizations, as well as mobile diagnostic laboratories equipped with special medical equipment received by medical institutions for your own needs; passenger cars designed to transport 10 people or more, imported for children's homes, orphanages, homes for the elderly and disabled; passenger cars equipped with lifts for wheelchairs, imported for rehabilitation centers for the disabled, meat and meat products, which, according to the terms of import, are intended only for industrial processing, semi-finished products, minced meat and fish, mechanically separated meat, as well as used clothing, shoes and bedding supplies, with the exception of clothing, shoes and bedding, sent to state and municipal organizations and institutions for social protection of the population, healthcare, education, and the penitentiary system, financed from budgets of all levels.

(as amended by Resolutions of the Government of the Russian Federation dated September 26, 2001 N 691, dated May 12, 2003 N 277)

5. Benefits for paying customs duties in respect of goods imported into the Russian Federation as humanitarian aid (assistance) do not apply to goods imported in accordance with foreign trade agreements (contracts) providing for payment for these goods by Russian legal entities and individuals.

II. Issuance of certificates confirming that funds, goods, works and services belong to humanitarian aid (assistance)

6. Decisions on confirmation of humanitarian aid (assistance) of funds and goods imported into the Russian Federation, as well as works and services, are made by the Commission. The list of documents confirming the humanitarian nature of the assistance provided is determined by the Commission. These documents are submitted by recipients of humanitarian aid (assistance), as well as by federal executive authorities, executive authorities of constituent entities of the Russian Federation, taking into account the intended purpose of the humanitarian assistance (assistance) received.

7. Decisions of the Commission are documented in protocols signed by its chairman (deputy chairman).

The commission, based on its decision, issues a certificate confirming that funds, goods, works and services belong to humanitarian aid (assistance), in the form according to the appendix. The certificate is submitted to the tax and customs authorities for the purpose of providing, in accordance with the established procedure, tax and customs benefits determined by the legislation of the Russian Federation. Copies of the certificate are sent to the Ministry of Taxes and Duties of the Russian Federation and the State Customs Committee of the Russian Federation within 3 days from the date of its issuance.

The certificate is signed by the chairman, deputy chairman or executive secretary of the Commission and certified by the seal of the Commission. The lists of funds, goods, works and services attached to the certificate are certified with a stamp with the inscription “Humanitarian assistance (assistance)”.

Sample signatures of the chairman, deputy chairman, executive secretary of the Commission, as well as the seal of the Commission and a stamp with the inscription “Humanitarian assistance (assistance)” are submitted by the Commission to the Ministry of the Russian Federation for Taxes and Duties and the State Customs Committee of the Russian Federation.

The certificate is issued no later than 3 working days after the Commission makes the appropriate decision based on the power of attorney of the recipient of humanitarian aid (assistance) and is a document of strict accountability. The certificate is valid for one year from the date the Commission makes a decision to confirm that funds, goods, works and services belong to humanitarian aid (assistance).

A lost ID cannot be renewed. To obtain a new certificate, a second decision of the Commission is required.

8. Tax and customs benefits provided for in Article 2 of the Federal Law “On gratuitous assistance (assistance) of the Russian Federation and amendments and additions to certain legislative acts of the Russian Federation on taxes and on the establishment of benefits for payments to state extra-budgetary funds in connection with the implementation of gratuitous assistance (assistance) of the Russian Federation" are provided to recipients of humanitarian aid (assistance) only if they have the certificate specified in paragraph 7 of this Procedure.

9. Funds and goods related to humanitarian aid (assistance) are the property of the donor until the moment of their actual transfer to the recipient of humanitarian aid (assistance).

(as amended by Decree of the Government of the Russian Federation dated May 12, 2003 N 277)

III. Customs clearance of goods imported into the Russian Federation as humanitarian aid (assistance)

10. Customs clearance of goods imported into the Russian Federation as humanitarian aid (assistance) is carried out in the manner determined by the State Customs Committee of the Russian Federation.

When importing these goods into the customs territory of the Russian Federation, the State Customs Committee of the Russian Federation ensures their priority clearance and application of simplified customs procedures, exempts these goods in accordance with the legislation of the Russian Federation from taxes and from the collection of fees for customs clearance.

(as amended by Decree of the Government of the Russian Federation dated May 12, 2003 N 277)

11. All bodies and organizations receiving humanitarian aid (assistance) are obliged to ensure accounting, storage and distribution of goods related to humanitarian aid (assistance).

Accounting and storage of these goods are carried out separately from commercial goods.

12. Ensuring the safety of goods related to humanitarian aid (assistance) during transportation is the responsibility of the relevant transport organizations and internal affairs bodies.

13. Expenses for transportation, unloading, storage and transfer to the final recipient of goods related to humanitarian aid (assistance) are carried out by agreement of the parties, including at the expense of the donor, or by decision of the executive authorities of the constituent entities of the Russian Federation at the expense of funds provided in the constituent entities of the Russian Federation to finance activities to ensure the provision of humanitarian assistance (assistance) to the Russian Federation.

(as amended by Decree of the Government of the Russian Federation dated May 12, 2003 N 277)

Free transfer of excise vehicles classified as humanitarian aid (assistance), specified in paragraph 4 of this Procedure, can only be carried out to state and municipal organizations (medical institutions, children's homes, orphanages, homes for the elderly and disabled, rehabilitation centers for the disabled, financed from budgets of all levels ) based on the Commission’s decision to amend a previously issued certificate. Such a decision is made on the basis of documents submitted to the Commission by the institution to which the cars are transferred, as well as by federal executive authorities and executive authorities of the constituent entities of the Russian Federation. The list of documents required to make a decision on making changes to a previously issued certificate is determined by the Commission.

for taxes and fees, the Ministry of Labor and Social Development of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation and Federal service security of the Russian Federation in accordance with the legislation of the Russian Federation.

15. The State Customs Committee of the Russian Federation quarterly submits to the Commission information on customs clearance of humanitarian aid (assistance) in the form and within the time limits agreed with the Commission. Customs authorities inform internal affairs bodies about recipients of humanitarian aid (assistance) so that they can carry out an appropriate check.

Local self-government bodies inform the executive authorities of the constituent entities of the Russian Federation about facts of misuse of humanitarian aid (assistance), which forward the received information to the Commission, as well as to the relevant tax and customs authorities.

The recipient of humanitarian aid (assistance), using the tax, customs and other benefits provided to him, in the event of misuse of humanitarian aid (assistance), pays taxes and other obligatory payments to the budgets of all levels, as well as penalties and fines accrued on them at current rates. Collection of taxes, payments, penalties and fines is carried out by tax and customs authorities in accordance with the legislation of the Russian Federation.