The Finance Ministry insists: the assignment of monetary claims under the state contract is illegal
The Agency again spoke about the illegality of the assignment under the state contract. It recalled that legal relations in public procurement are regulated not only by civil, but also by budget legislation and the legislation on the contract system.
So, according to the Law N 44-FZ it is impossible to replace the performer, except for succession at reorganization. In addition, according to the Ministry of Finance, payment details and other terms of payment for goods, works and services are essential terms of the contract. They cannot be changed.
The Agency reminded about the amendments to the BC of the Russian Federation, which are effective from August 6, 2019. The Treasury and its territorial bodies will check:
compliance of the information on the monetary obligation to the information on the budgetary obligation registered;
correctness of the information specified in the payment document for payment of the monetary obligation;
availability of documents confirming the occurrence of monetary obligations;
compliance of information in the register of contracts and data on the adopted budget commitment with the terms of the state contract.
Also in the budget legislation it is not established that payment of monetary obligations under state contracts to persons who are not performers is allowed.
For all these reasons, the Ministry of Finance believes: payment under the state contract is possible only to the contractor, whose details are specified in it.
Document: Letter of the Ministry of Finance of Russia from 16.08.2019 N 09-04-06/62906