NEWS

The state contract may contain a condition that contractors begin to fulfill obligations only after finishing limits of the budgetary obligations.

Department considers that the Law N 44-FZ doesn't allow to conclude the additional agreement to the contract on extension of term of his action. The ministry already expressed similar opinion, for example, in December of last year.

The term of payment of contracts with small business entities and socially oriented non-profit organizations provided by the Law N 44-FZ is applied when contracts are concluded following the results of purchase only among these persons. Procurement documentation has to limit participation in purchase of all, except SMP and COHKO.

On May 16 the Resolution N 563 where it is stated is published. Rules of the conclusion of contracts which subject - at the same time performance of work on design, construction and commissioning of objects of capital construction, will begin to work since July.
 

The form is offered to be included in the Resolution of the Government of the Russian Federation N 791. The project has developed Minpromtorg.

The economic board of Russian Armed Forces has considered case of the appeal of the decision of antimonopoly authority. He has considered that the state customer has established the illegal requirement to the bank guarantee in documentation. She had to act not less than 60 days from expiration date of term of the contract.

As considers the Ministry of Economic Development, definition in the contract of such condition doesn't contradict the Law N 44-FZ and the Civil Code of the Russian Federation. Department has come to this conclusion, having considered the following situation: the condition about the commercial credit is included in the contract concluded following the results of an electronic auction.

The parties have signed the contract under the Law N 223-FZ. The supplier hasn't provided the bank guarantee in providing the contract therefore the customer has demanded it and a penalty through court.

The unitary enterprises shouldn't consider in the cumulative annual volume of purchases accounts payable on payment of the contracts signed under the Law N 223-FZ. So considers department.

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.