Ministry of Economic Development: the state customer has no right to demand from the contractor of the contract the expense statement

7 February 2017, Tuesday

The customer has no right to include in the contract a condition that the contractor shall submit the financial statement on the incurred expenses and the copy of source accounting documents confirming these expenses. Expressed such opinion in "letter" of the Ministry of Economic Development.

Department also emphasized: if after the customer paid results of performance of the contract, the contractor had an economy, this money to the customer don't return.

The ministry proved the conclusion by provisions of the Law N 44-FL. So, performance of the contract is understood as a package of measures, implemented after its conclusion and directed to purchase goal achievement. The law carries to these measures including acceptance and payment by the customer of results of execution at the price specified in the contract.

To exclude possible disputes with procurement participants, we believe, customers in case of creation of the draft contract should consider explanations of the ministry.

Document: Letter of the Ministry of Economic Development of the Russian Federation of 14.11.2016 N D28i-3142

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