The Ministry of Finance proposed to calculate fines for improper execution of state contracts in a different way

2 July 2019, Tuesday

The Agency wants to adjust the rules for determining the amount of penalty for improper performance of the contract for individual cases.

According to the project, if the contract is concluded on the basis of the purchase from small businesses and socially oriented non-profit organizations, the contractor will be fined 1% of the contract price or its stage, but not less than 1 thousand rubles and not more than 5 thousand rubles (paragraph 4 of the Changes). Now the size of the fine can reach up to 200 thousand rubles.

Differently propose to calculate the penalties for the perpetrators of the contracts, which are concluded according to the results of purchases with the price increase (PP. "b" p. 5 Changes). If the contract is concluded with a bidder who has offered a price greater than the initial maximum contract price, penalties for breach of obligations will be calculated from the contract price. In other cases, the counting will continue from the initial maximum price of the contract.

There are also several technical changes in the draft, which reproduce the recent changes in the Law N 44-FZ:

remove the words "fixed amount". The requirement to specify a fine in this form was excluded from may 12;

the expression "refinancing rate" will be replaced by "key rate" (clause 6 of the Amendments);

will add point about application of other order of calculation of penalties in the cases provided by the legislation (item 7 of Changes).

Document: Draft Resolution of the Russian Government

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