Information is not included in RUS when unilateral refusal to perform the contract supplier.

9 October 2015, Friday
The conclusion is based that in the Law N 44-FL there is no such basis for entering of data into the register of unfair suppliers (RUS).

We will remind that the supplier (the contractor, the performer) has the right to refuse performance of the contract unilaterally on the bases provided by the Civil Code of the Russian Federation if the similar right of the customer is defined in the contract (h. 19th Art. 95 of the Law N 44-FZ). For example, according to the Civil Code of the Russian Federation it is possible to refuse performance of the contract of rendering services if to the customer damages are completely paid unilaterally.

There can be a situation when the right of the performer for unilateral refusal isn't provided by the contract, but is applicable owing to the Civil Code of the Russian Federation (for example, the customer didn't fulfill the obligation for payment of the contract). From explanations of the Ministry of Economic Development it isn't clear how in such circumstances it is necessary to resolve an issue of inclusion of data on the performer in RNP.

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