In what order is the term on the amount of the fine included in the contract determined, if the industry law provides for a different procedure for calculating the fines?
Specialists of the Ministry of Finance of Russia in their letter note (Letter of the Ministry of Finance of Russia dated July 8, 2020 No. 24-03-08 / 59268) that, in accordance with Part 15 of Art. 34 of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" when concluding a contract with a single counterparty in the cases specified in this part, the customer has the right not to include in the contract the condition of the parties' liability for non-performance or improper performance of obligations in accordance with Part 4 of Art. 34 of Law No. 44-FZ. At the same time, if industry legislation provides for a different procedure for calculating fines compared to the procedure provided for by Law No. 44-FZ, then the procedure for calculating fines is established in accordance with industry legislation.
Thus, the representatives of the Ministry of Finance of Russia emphasize, if the customer in the given situation decides to include in the contract a clause on the liability of the parties for non-fulfillment or improper fulfillment of the obligations stipulated by the contract, the amount of the fine is set in accordance with industry legislation.