In the state contract, the terms of liability were given in the form of a reference to Regulatory legal acts – the courts did not find violations
The customer carried out the purchase from Small Businesses and a Socially oriented non-profit organization. The inspectors found a violation: the draft contract did not establish the procedure for calculating fines for improper fulfillment of obligations by such entities. It provided only a reference to the rules for determining the amount of the penalty.
The courts did not agree with this:
- the fact that the terms of liability were reflected in the draft contract in the form of a reference to regulatory legal acts does not violate Law No. 44-FZ;
- the document is publicly available, there is no need to duplicate its provisions in the draft contract. The participants of the purchase themselves can determine, among other things, the amount of the fine.
Note that in practice there are examples with both similar and opposite positions.
Document: Resolution of the 3rd AAC dated 03/12/2024 in case N A74-5197/2023
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