FAS Russia answers current questions on 44-FZ
The Federal Antimonopoly Service reviewed the appeal (Exhibit No. 2026-16064) and provided clarifications on three topics.
Question number 1. How to calculate the NMCC for motor fuel, taking into account seasonality and deferred payment?
The FAS reminds: when determining the NMCC for fuel, customers can apply the coefficients from FAS Order No. 894/24:
– the coefficient of the cost of diverting funds in case of deferred payment
– the coefficient of transition to a seasonal type of product
– the consumer price index (CPI);
– terms of delivery (terms, volume, advance payment, calculation procedure).
These indicators are applied by customers independently if there are relevant factors.
Question number 2. Is it possible to include in the contract a condition that it applies to the relationship that arose before the conclusion?
No, you can't. The FAS emphasizes that the legal relationship of obligations between the customer and the supplier begins exclusively from the moment the contract is concluded. Neither Law No. 44-FZ nor the procedure for determining the supplier provide for the possibility of starting the execution of the contract before it is signed. The inclusion of such a condition is contrary to the law.
Question number 3. In what cases can the essential terms of the contract be changed?
If the contract was concluded before 01.01.2027 and circumstances beyond the control of the parties have arisen that make execution impossible (Part 65.1 of art. 112 44-FZ). Changes are made by decision of the Government, the region or the local administration in compliance with parts 1.3–1.6 of art. 95 44-FZ. Violations are assessed by the control authorities individually.
Document. Letter from the Federal Antimonopoly Service of Russia dated 02/11/2026 No. GR/10525/26