The state customer shan't require that the participant had no debt on lease payments

Under the Law N 44-FL the customer needs to demand that participants had no debts on taxes, charges and other obligatory payments in the budget system of Russia. As explains to FAS, the rent isn't established by the legislation on taxes and fees, the basis for its payment - the agreement.

The rent doesn't belong to obligatory payments in the budget system of Russia. Means, the requirement about absence of debt for obligatory payments doesn't extend to the participants having debts according to lease contracts.

To reveal lack of a shortage on taxes and fees, debts on other obligatory payments the customer can through tax administration. It is more difficult to check data on a rent receivable: the payment receipt is controlled by each lessor independently.

If the customer establishes the requirement about lack of debts for lease, it can reduce the level of the competition and is unreasonable reduce the number of procurement participants. The last is forbidden by the Law N 44-FL.

Document: Letter of FAS Russia of 04.10.2016 N RP/68457-PR/16