Supplement the rules when you can not require security of the contract
Expand the list of cases where the customer is not entitled to demand security of the contract. Draft amendments to Law No. 44-FZ were submitted to the state Duma.
Customers will not be allowed to demand energy service contracts. Now the rule is valid only in three cases:
enter into a contract with state and municipal state institutions;
purchase services for the provision of credit;
budget institution, unitary enterprise enters into a contract for a Bank guarantee.
The authors of the project explained: the contractor carries out energy-saving measures at its own expense. The contract is paid if the institution has saved energy resources. Customers do not have additional costs. If the customer has saved below the level prescribed in the contract, the contractor will receive less income. Thus, the counterparty is interested in fulfilling the contract in full. The requirement to provide an energy service contract is excessive and limits the ability to implement energy saving in public institutions.
The customer has the right to set the security of the contract in the amount of 5 to 30 percent of the NMC, but there are two exceptions:
NMC exceeds 50 million rubles. - set the security in the amount of 10 to 30 percent of the NMC, but not less than the advance;
advance above 30 percent of the NMC-set the security in the amount of the advance.
Document: Draft of the Federal law from 28.11.2018 No. 596293-7