The Ministry of Finance spoke about the procedure for paying for the results of the execution of the contract, taking into account the conditions for the "deduction" of the penalty from the amount owed to the counterparty
The letter prepared by specialists of the Ministry of Finance of the Russian Federation emphasizes that if the contract includes the condition provided for in paragraph 2 of part 14 of Article 34 of Law No. 44-FL, if the counterparty violates the terms of the contract, the customer is obliged to apply appropriate liability measures, including withholding the amount of unfulfilled claims for payment of penalties (fines, penalties) from the amount to be paid payment to the counterparty.
At the same time, it is noted that according to, among other things, paragraph 1 and paragraph 3 of the Rules approved by the Decree of the Government of the Russian Federation dated 06/04/2018 N 783, the cases and procedure for writing off accrued and unpaid amounts of penalties (fines, penalties) by the customer are established.
Recall that paragraph 2 of part 14 of Article 34 of Law No. 44-FL allows you to include in the contract a condition for withholding the amount of outstanding claims by the counterparty for the payment of penalties (fines, penalties) submitted by the customer in accordance with Law No. 44-FL from the amount payable to the counterparty.
Document: Letter of the Ministry of Finance of the Russian Federation dated March 11, 2024 N 24-06-06/21161.
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