Fines and penalties for violation of state contracts will soon have to pay for a new way

Since September 9, new rules on liability under state contracts will begin to operate, and former ones will lose their force.

Innovations will be applied to procurement, the notice of which will be placed in the UIS after the specified date. Customers need to take this into account when drafting contracts. The existing contracts will continue to obey the old rules.

The main innovation is that the penalty for suppliers will not have to be calculated using a special formula. It will be replaced by a simple rule: for each day of late payment, the default interest will be charged at the rate of 1/300 of the Central Bank's refinancing rate from the contract price. At the same time, it should be reduced by an amount proportional to the amount of obligations fulfilled.

Other notable changes include the following:

- if there are stages of execution in the contract, the penalty to the supplier is accrued on the basis of the price of the stage, and not from the price of the whole contract;

- average and small business and socially-oriented non-profit organizations will pay fines in a smaller amount than other suppliers. This rule is valid for purchases conducted only among these entities;

- for the winner of the purchase, which offered the highest price for the right to contract, special provisions are provided. The penalty for him will be calculated from the initial maximum price’s;

- the total amount of the penalty for the customer or supplier can’t exceed the contract price.

Document: Resolution of the Government of the Russian Federation No. 1042 of August 30, 2017 (enters into force on September 9, 2017)