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State committees of the Republic of Tatarstan State procurement committee of the Republic of Tatarstan

Russia's Finance Ministry: specify in the contract procedure and the formula for calculating the penalty optional

21 May 2015, Thursday

Customers in the contract should be determined the norm, according to which the payment will be forfeit. This is due to the following. The federal law from 05.04.2013 N 44-FL does not establish the obligation of the customer at the contract conclusion indicated in it the formula for calculating the penalty. However, the contract must include a mandatory condition of the responsibility of the parties for non-performance or improper performance of obligations provided for.

This view is reflected in the Letter of the Ministry of Finance of Russia from 11.12.2014 N 02-02-04 / 63862.

However, FAS Russia noted that the inclusion in the draft contract only references to the normative legal act regulating the procedure for calculating the penalty, not the proper fulfillment of obligations under the conditions established in the contract on the responsibility of the customer and the supplier (contractor, executor).

http://www.consultant.ru/law/review/fed/fks2015-05-12.html

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