The Ministry of Finance explained a number of issues related to the provision of guarantee obligations under state contracts
The Department explained, in particular, what is the deadline to return the monetary funds deposited as security for the guarantee obligations. In the Law N 44-FZ terms of return of security of execution of the contract are provided. However, there is no special rule regulating the terms of return of the guarantee. As indicated by the Ministry of Finance, in this case it is necessary to be guided by the terms of return of the security of the main obligation: not later than 30 days from the date of performance of warranty obligations, and when purchasing from small businesses and socially oriented non-profit organizations-not later than 15 days from the date of their performance.
Also, the Ministry of Finance noted that the Law N 44-FZ does not provide for the possibility to reduce the size of the guarantee.
Document: Letter of the Ministry of Finance of 19.08.2019 N 24-03-07/63253