The Ministry of Economic Development explained the placement of the purchase in the absence of limits of budget obligations brought to the customer and indicating the terms of payment of the contract

According to the agency, the purchase can’t be planned and implemented in the absence of limits on budget obligations brought to the customer.

The indication in the contract as the term of payment for goods, work, services such terms as «subject to financing», «subject to availability of funds in the budget», contradicts the provisions provided for by part 13 of article 34 of Federal Law № 44.

We would like to draw your attention to the fact that at present, the new provisions of Law № 44 Federal Law (part 8, article 30 and part 13.1, article 34), which establish specific payment terms:

- no more than 15 working days if the contract is concluded with the Subjects of small and medium business and Socially-oriented non-profit organizations;

- no more than 30 days for other contracts.

To calculate the specified terms it is necessary from the date of signing by the customer of the document on acceptance.

We note that, in accordance with the Code of the Russian Federation on Administrative Offenses, the violation by the customer's official of the term and procedure for payment for goods (works, services) in procurement for the provision of state and municipal needs, including failure to fulfill the obligation to provide advance payments provided for by a state or municipal contract - Attracts imposing of the administrative penalty at the rate from thirty thousand to fifty thousand rubles.

The commission of a repeated administrative offense by an official who was previously subject to administrative punishment for a similar offense entails the punishment in the form of a disqualification for a period of one to two years (Article 7.32.5 of the Code of Administrative Offenses of the Russian Federation).

Document: Letter of the Ministry of Economic Development of Russia of December 23, 2016 N D28i-3399