The Ministry of Finance and the Ministry of Transport explained how to purchase and change contracts for regular transportation

8 February 2024, Thursday

The Ministry of Finance and the Ministry of Transport published a joint letter explaining the specifics of the purchase and the possibility of changing the essential terms of the regular transportation contract.

In their letter, the departments explained the procedure by which customers should calculate the NMCC and determine the financial support for the purchase:

for the customer, the procedure for calculating the NMCC from the order of the Ministry of Transport dated 01/20/2021 No. 351 is mandatory if the subject of purchase is regular transportation by public transport at regulated tariffs;

The amount of financial support for such a purchase is determined by customers based on the calculation of the NMCC according to the rules of the order of the Ministry of Transport dated 10/20/2021 No. 351;

if the GRBS has brought to the customer the LBO less than its financial security under order No. 351, then a request should be sent to the chief administrator in order to increase the limit of budget obligations.

The departments also formulated the position that the parties have the right to change the essential terms of the contract for regular transportation by agreement of the parties on the basis of:

the decision of the supreme executive body of the subject under paragraph 3 of part 1 of Article 95 of Law No. 44-FZ;

decisions of the local administration on paragraph 4 of Part 1 of Article 95 of Law No. 44-FZ;

decisions of the supreme executive body of the subject, the local administration under part 65.1 of Article 112 of Law No. 44-FZ, if the contract is concluded before January 1, 2025.

The departments recalled that the customer has such a right if circumstances beyond the control of the parties arise and the contract cannot be executed on the terms that the parties previously agreed. It is important that such circumstances comply with the provisions of paragraph 2 of paragraph 1 of Article 451 of the Civil Code.

Document: Letter of the Ministry of Finance, Ministry of Transport dated 02.02.2024 №. 24-01-07/9128, AK-DZ-22/2123

Photo source: https://ru .freepik.com/popular-photos