The court recalled, when the responsibility of the contractor for the state contract is determined by special laws
The prosecutor demanded to invalidate the provisions of the contract, according to which the liability of the insurer for violation of the terms of payment of insurance compensation is established by the law on the contract system. The court agreed with the claims, indicating that in this part the provisions of the Law on MTPL are applied as special in relation to Law No. 44-FZ.
A similar opinion was already expressed in practice. Courts rely on the position of the Armed Forces of the Russian Federation on the issue of the amount of penalties for energy supply contracts.
To reduce the risks of litigation, we recommend to recheck the documentation for the purchase of OSAGO services and, if necessary, to adjust it.
Document:
Resolution of the Arbitration Court of the East Siberian District of 26.01.2018 in the case No. A78-15608 / 2016