The cassation reminded: violation of Law No. 223-FZ at the conclusion of the contract does not exempt from its payment
The customer did not pay for cleaning the roof from snow, because:
• the contract was concluded in violation of Law No. 223-FZ — it is invalid;
• the names of the contractor's employees were not reported to the customer, they could not get on the roof. The presence of work certificates does not mean that they were performed;
• cleaning has already been paid for under another contract.
Three instances recovered the debt, interest and state duty:
• the transaction was concluded in circumvention of Law No. 223-FZ. It is disputed, but it was not recognized as invalid. It does not violate public interests;
• according to Law No. 44-FZ, work without a state contract is not paid. There are no such consequences for the contractor under Law No. 223-FZ;
• the customer signed the acts without objections, did not report the forgery of documents;
• it follows from the customer's requests that the work under the contract and the disputed contract were carried out in different periods.
The conclusions that due to the violation of Law No. 223-FZ, payment cannot be refused at the conclusion of the contract were reached, in particular, by the AC of the Far Eastern and East Siberian districts.
Document: Resolution of the Moscow District Administrative Court of 20.07.2022 on the case N A40-25028/2021