As considers the Ministry of Economic Development, definition in the contract of such condition doesn't contradict the Law N 44-FZ and the Civil Code of the Russian Federation. Department has come to this conclusion, having considered the following situation: the condition about the commercial credit is included in the contract concluded following the results of an electronic auction.
We believe, recommendations of the ministry are applicable also to the procurements conducted by different ways. Therefore, a condition that the advance payment is the commercial credit it is possible to include in any contract concluded on 44-FZ.
The document Letter of the Ministry of Economic Development of the Russian Federation from 3/21/2017 N D28i-1347