Auction on 44-FL: if the state customer hasn't placed the additional agreement in EIS, it isn't concluded

The Ministry of Economic Development specifies that the additional agreement to the contract, as well as the contract, is considered the prisoner from the moment of placement in a unified information system. The ministry proved a conclusion by provisions Civil Codes of the Russian Federation.

The agreement on change of the agreement on general rules Civil Codes of the Russian Federation is made in the same form, as the agreement. The ministry drew an analogy to the contract and noted: the additional agreement is considered the prisoner as soon as the state customer placed it in EIS.

To place the additional agreement in EIS, the customer shall send the information about him to the register of contracts. It is connected with features of work of the EIS program complex. The term of the direction of data in the register constitutes three working days. If to develop a conclusion of department, it turns out that the moment of the conclusion of the additional agreement - the moment of its inclusion in the register of contracts.

Department emphasizes: the contract or the additional agreement won't become invalid if information on them isn't reflected in the register. From the letter it isn't up to the end clear how it is combined with a conclusion about need to include the additional agreement in the register of contracts. Then the additional agreement which wasn't placed in EIS, on the one hand, is unconcluded, and with another - valid, i.e. effectual in law.

To avoid problems, we recommend to reflect information on the additional agreement in the register of contracts. It not only will help to give it a legal force, but also will save from the administrative responsibility. If not to send to the register of the data and documents, then the official is threatened by a penalty of 20 thousand rubles.

Document: Letter of the Ministry of Economic Development of the Russian Federation of 22.07.2016 N OG-D28-9402