Ministry of Economic Development: the parties of the state contract have no right to terminate it partially

16 March 2017, Thursday

Such line item was designated by department in the January letter. The state agency already expressed similar opinion in March of last year.
The Ministry of Economic Development notes: The law N 44-FZ doesn't provide partial contract cancelation. In the civil legislation there is no such concept too. Thus, contract cancelation by agreement of the parties and partial contract cancelation - not same.
As well as earlier, the ministry didn't specify what is meant partial contract cancelation. We believe, it is necessary to understand the conclusion as it agreement parties about the termination of a separate liability under the contract, for example about the termination of accomplishment of separate works.
Let's remind, contract cancelation under the Law N 44-FZ is allowed in the following cases:
- by agreement of the parties;
- by a court decision;
- in case of unilateral refusal of performance of the contract according to the civil legislation.
Document: Letter of the Ministry of Economic Development of the Russian Federation of 16.01.2017 N D28i-130

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