Russian Armed Forces: the performer can concede to the third party the right to demand payment under the state contract

22 May 2017, Monday

Partially executed contract of the party was terminated under the agreement. Subsequently the contractor has transferred the right to demand payment under the contract to other person, but the customer hasn't paid the new creditor.
The Supreme Court has noted that the Law N 44-FZ forbids only change of the performer of the contract. It isn't forbidden to transfer the right to demand payment under the contract to other person.
The Civil Code of the Russian Federation doesn't allow the winning bidder to concede the rights and to translate a debt if under the law it is possible to sign the contract only at the auction. However this ban doesn't concern a concession of the monetary requirement, has explained Russian Armed Forces. When the customer fulfills obligations for payment, the identity of the creditor has for him no essential value.
The Ministry of Finance in 2016 has counted differently: cession is inadmissible for the contracts concluded on 44-FZ.
Now it is better to be guided by a position of the Supreme Court.
Document: Definition of the Supreme Court of the Russian Federation from 4/20/2017 on the case N 307-ES16-19959

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