Ministry of Economic Development: the state customer has to sign the contract of leasing under the Law N 44-FL

Such position of department which it has designated in the January letter isn't new. The ministry expressed "Similar opinion" also in May of last year.

The contract of leasing isn't included in the list of cases when the Law N 44-FL isn't applied. Therefore, the customer has to sign the contract of leasing according to provisions of this law. Has so proved the approach by the Ministry of Economic Development.

Besides, in the new letter the state agency has noted: to sign the contract of leasing the customer of the open competition having the right by carrying out. It is impossible to hold an electronic auction as services of leasing aren't included into the inventory, works, services which procurements are conducted in the form of such auction.

Let's remind, under the contract of leasing one party - the lessor promises:

- to acquire in property specified by other party - the lessee property from the seller determined by him;

- to hand over this property to the lessee for a payment in temporary possession and use.

If the lessee - the public or municipal authority, at such contract is features. For example, one of essential conditions is the condition about the right of the parties of the contract on their agreement to change the amount of leasing payments according to the budget estimate of state establishment or the plan of financial and economic activity of the budgetary or autonomous institution.

Document: The letter of the Ministry of Economic Development of the Russian Federation from 1/10/2017 N D28i-88