FAS clarified the specifics of calculating the terms for unilateral refusal of state contracts
The explanations relate to the calculation of a thirty-day time limit for determining the date of proper notification of the customer's counterparty of unilateral refusal of the contract, as well as the effective date of the decision on such refusal.
From the letter of the FAS it follows that if the last day of the said thirty-day period falls on a non-working day, then the next day will be the date of proper notification.
The decision on unilateral refusal enters into force ten days after the day of proper notification. The period commences on the day following the date of proper notification. If the tenth day falls on a non-working day, then according to the Civil Code of the Russian Federation, it is postponed to the next business day following it, FAS points out. This will be the end date, and the decision to refuse in this case will come into force the next day.
Following the logic of FAS, we give an example of calculation. So, the thirtieth day fell on a non-working day - April 7, 2018. Day of proper notice in this case will be April 8. On April 9, a ten-day period will begin to be calculated. The tenth day is April 18. If this day was not working, and on April 19 - a working day, then the decision on unilateral refusal of the contract would come into force on April 20.
It is important to note that the rules of the Civil Code of the Russian Federation on the determination of the terms of the FAS apply only when calculating the effective date of the decision to renounce the contract. When determining the due notice period, the agency does not use these rules.
Document:
Letter of the Federal Antimonopoly Service of Russia of 14.03.2018 N RP / 16764/18