The Supreme court confirmed that the assignment of the monetary claim under the state contract is legal
The Russian armed forces previously believed that the contractor may cede to a third party the right to demand payment under the state contract. However, the Finance Ministry has repeatedly expressed otherwise. According to the Agency, the identity of the contractor is essential for the state customer, so the assignment under such a contract is illegal.
The Supreme court declared this explanation invalid from the date of its publication. Recall, from June 1, 2018 in the new edition of the paragraph 7 of Art. 448 of the civil code. The law made a clarification: the winner of the auction has the right to concede the requirement for a monetary obligation. The Russian armed forces stressed that the assignment of payment requirements under the state contract was permissible before these changes. At the conclusion of the assignment agreement, the executor of the state contract does not change, but only the right of monetary claim passes.
Document: the Decision of the Supreme Court of 23.04.2019 N АКПИ19-112