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Business group proposes dedicated public contracts for research and development

Business group proposes dedicated public contracts for research and development

A draft package prepared for the Delovaya Rossiya business forum proposes a dedicated government contract for developing and supplying new products, RBC reported on October 14 after reviewing the document.

The authors want to adapt the offset-contract model for research and experimental development. Contracts would have three stages, flexible technical requirements and links to future purchases of the resulting product.

A financial-risk table would specify the responsibilities of the state customer and contractor at each stage. Risk and profit allocation would change as work progressed from research towards a finished product.

Independent experts would assess completed stages. The authors propose protecting customers who accept and pay for work on the basis of favourable opinions from at least two accredited experts against negligence allegations under Article 293 of the Criminal Code.

Lawyers interviewed by RBC supported recognising scientific uncertainty but warned against automatic immunity. Pen & Paper partner Sergei Uchitel said an expert opinion could demonstrate due care only where the expert was independent, fully informed and reasonably relied upon. Yevgeny Metla of Koblev and Partners noted that investigators could commission their own assessment.

Sergei Yermolenko of Orlova\Ermolenko said staged reviews might help end unpromising projects sooner, though they would complicate contract execution. Skolkovo.Business head Igor Shnaider warned of additional bureaucracy and instead proposed a platform of contractors whose competence had been verified in advance.

These are draft initiatives reportedly sent to ministries in early October. The report did not announce adoption of a new contract category or a change to existing grounds for criminal liability.

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