The Ministry of Finance explained when a state customer can collect a penalty at the expense of an independent guarantee

8 June 2022, Wednesday

If the counterparty has not fulfilled its obligations under the contract, the customer is obliged to demand a penalty, in particular, for delay.
The Agency noted, among other things: the penalty can be collected by paying for the contract or ensuring its execution, including at the expense of an independent guarantee, unless otherwise provided in it.
Earlier, the Ministry of Finance indicated that the penalty cannot be collected at the expense of the guarantee funds, since this is not the main obligation under the contract. 
Document: Letter of the Ministry of Finance of Russia dated 05/20/2022 N 24-06-08/46828