The formation of an application for termination of the service agreement occurs in cases where one of the parties to the relationship, due to any circumstances, has a desire to break the previously reached agreement.

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What is the most common reason for this

Contracts for the provision of services can be drawn up in relation to any services provided to both individuals and legal entities. It can be:

• financial;
• consulting;
• household;
• informational;
• educational services, etc.

It should be noted that all contracts, regardless of their content, are a kind of preliminary, the execution of which must be confirmed by the presence of certain papers.

IMPORTANT! In the period before the actual implementation of the contract, each of the parties has the full right to refuse it.

Breaking the contractual relationship can be explained by a variety of reasons. The most common:

• failure of one of the parties to fulfill its obligations;
• violation of the deadlines for fulfilling the terms of the contract;
• payment delays, etc.

The contract can be terminated even simply due to the fact that there is no longer a need to provide the service for which it was drawn up (provided, of course, that this service was not provided at the time of writing the application).

If the service provider has incurred any expenses by the time of receipt of the application for termination of the contract, they must be fully compensated by the customer (but only if the provider provides the necessary supporting papers - checks, receipts, etc.).

What to refer to when terminating a contract

The law provides the customer with the right to refuse services under the contract. At the same time, there is no need to apply to the court - this is evidenced by paragraph 1 of Article 782, Part 2 of the Civil Code of the Russian Federation of January 26, 1996 No. 14-FZ.

A citizen who is a consumer of services and uses them for personal needs (not related to commercial activities) has the opportunity to refer in his application for termination of the contract to Article 32 of the Law of the Russian Federation "On Protection of Consumer Rights" dated 07.02.1992 No. 2300-1.

It should be noted that sometimes the contractor requires that papers indicating a good reason for breaking the contractual relationship be shown without fail. Such a requirement is unlawful, since the customer can withdraw from the contract even without giving reasons.

But if the termination occurs through the fault of the contractor, the customer should attach written evidence of this to the application (checks for payment for services performed poorly or not performed at all, etc.) - this may come in handy in the future if the case goes to court.

Features of drawing up an application

Now there is no generally applicable, standard application form, so you can write it in free form, based on your own vision of this document. The main thing in its design is to ensure that the sequence of its content meets certain standards for compiling business documentation.

The document is conditionally divided into three parts:

1. start - information about the addressee and the applicant;
2. the main section - a request to terminate the application, as well as information about the contract and the reasons for its termination;
3. conclusion - a list of attached documents and a signature.

There are no special criteria for the design of the document, just as for its content, i.e. The application may be written by hand or typed on a computer. For a printed document, an ordinary blank sheet of paper of any convenient size is suitable (A4 or A5 is mainly used).

It is recommended to write an application in two identical copies, one of which should be given to the representative of the organization providing services under the contract, the second should be kept, having previously secured a mark on it that the contractor received a copy.

Sample application for termination of the contract for the provision of services

At the top of the document (left or right does not matter) should indicate:

• position, full name of the head, name and address of the contractor under the service agreement;
• information about the applicant: full name, registration address and telephone number, passport details.

Then the word “statement” is written in the middle of the form and a period is put.

The main block of the application contains the actual request to terminate the contractual relationship. Here you need to specify:

• date and number of the contract, parties (all this is entered in full accordance with the main document);
• the reason and date of the break, as well as the articles of the legislation of the Russian Federation justifying these actions and the clauses of the contract itself;
• a request for the return of the prepayment (if the customer has made it).

If necessary, the application can be supplemented with other information (depending on individual circumstances).

After writing the application

After filling out the application, it must be transferred to the second party of the contractual relationship. You can do this in several ways:

1. the first and most reliable is to give it personally, from hand to hand to the service provider;
2. send a document via regular mail by registered mail with acknowledgment of receipt (with a description of the attachment) - this way also guarantees that the message will reach the recipient;
3. transfer the application through a representative, but only if he has a valid, duly certified, power of attorney from the applicant;
4. send an application via e-mail, but only if such an order is specified in the contract;
5. if there is an electronic document flow between the parties, then it is allowed to send the application through the user's personal account or through the Internet bank (in situations when it comes to credit institutions and their clients).

Commercial activity in our country began to develop relatively recently.

At first, our legislation was not at all adapted to defend the interests of business. However, time passed and, gradually, the legislation began to take into account the interests of the parties in commercial transactions.

Running a business doesn't always go smoothly. The conclusion by the parties to the transaction of a certain agreement sometimes does not lead to its execution. In different situations, it becomes necessary to terminate a previously concluded business agreement.

How to arrange all this?

One of the options for solving the problem is to draw up an agreement to terminate the contract.

This agreement is drawn up and signed by the parties who signed the original contract (for example, a service contract). Signing of the document by authorized representatives is allowed. These representatives must have documents that will confirm their legitimacy, usually these are powers of attorney.

Legal entities have the right to issue powers of attorney, both in simple written form and notarized, namely. Individuals must formalize the delegation of rights to sign the agreement only by issuing a notarized power of attorney. Sometimes, I call the termination agreement an additional agreement to the contract, which in its essence does not change the semantic meaning of the document.

Rules for compiling the document in question

The agreement does not have any mandatory form and is drawn up by interested parties in an arbitrary form. However, in this document, mandatory details must be indicated, namely: the name of the parties signing the document, the calendar date and place of its preparation, the essence of the agreement itself, the number of copies made, etc. The agreement may also specify the bank details of the parties.

If the original contract is certified by a notary, then the agreement on its termination must also be certified by a notary. Additional agreements on transactions subject to mandatory state registration are also subject to registration with authorized state bodies.

Grounds for invalidating an agreement

In accordance with Russian law, this document may be declared invalid by the court. An invalid agreement does not entail the consequences for the parties set forth in it.

An application for recognizing the termination agreement as invalid is submitted to the court authorized to consider this dispute.

As a general rule, disputes arising from the entrepreneurial activities of the parties are considered by the appropriate arbitration court, while in the service agreement itself or in the signed agreement, the parties may indicate the jurisdiction that currently suits both parties (contractual jurisdiction).

Below is one of the typical examples of a termination agreement, which you can download absolutely free of charge.

Use our online resource to solve your problems. Order the preparation of the necessary document on an individual order in our company.

Agreement on termination of the contract for the provision of services

Open Joint Stock Company "Knowledge and Practice Ltd", referred to in the agreement as the "Customer", represented by the executive director Serpich Vlad Olekovich, acting on the basis of a power of attorney dated September 14, 2014, and

An employment contract termination agreement is the most convenient way for both the employee and the employer to terminate the employment relationship. In the article we will talk about the order in which this procedure takes place and what documents need to be prepared for its implementation.

Let's turn to the Labor Code of the Russian Federation

When terminating any contract, you should refer to article 84.1 of the Labor Code of the Russian Federation. It regulates the general procedure for processing the termination of an employment contract.

According to paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation, the agreement of the parties may be the basis for dismissal. on termination of an employment contract by agreement of the parties states that on this basis the contract can be terminated at any time.

Termination of the contract

In order for the dismissal to be executed correctly, it is necessary to adhere to the procedure established by labor legislation:

1. If the initiator is an employee, he can write to the employer a statement with a request to terminate the contract by agreement of the parties. The administration must approve it. If the employer took the initiative, an oral form is sufficient to reach agreements.
2. The application is registered in the journal.
3. An agreement is drawn up in 2 copies. The document is sealed by the signatures of the parties. It should be noted that this item is not mandatory, the main thing is the existence of an agreement between the worker and the employer. Therefore, you can immediately go to the next step.
4. The manager issues an order to terminate the contract.
5. The employee is paid the final settlement and a work book is issued.

Let's dwell on each moment in more detail.

Resignation letter

The employee draws up a letter of resignation with payment of compensation. It is written in the name of the head of the enterprise. The text of the application must contain wording with a request for dismissal by mutual agreement. The day of termination of the employment contract is also indicated. Date and signature of the applicant.

Contract Termination Agreement

According to Art. 78 of the Labor Code of the Russian Federation, any contract may be terminated if the parties reach an agreement and compromise. Both the employee and the employer can act as the initiator of its termination. The proposal to terminate the working relationship is formalized in the form of an agreement. You will see a sample agreement on termination of an employment contract by agreement of the parties in the form of an illustration to the article below.

It is in writing. It contains the following information:

• name of the document with information about the main contract;
• Date of preparation;
• grounds for termination of the contract n. 1 h. 1 Article. 77 of the Labor Code of the Russian Federation;
• date of dismissal of the employee;
• information about the absence of mutual obligations and claims on the part of the parties;
• data that the company undertakes on the day the employee leaves to issue him the final calculation and work book;
• signatures of employer and employee.

For review, we offer you a sample agreement of the parties on termination of the employment contract.

This sample termination of an employment contract by agreement of the parties (2019) can be used as a template, changing only the names and dates.

Retirement benefits

Upon dismissal, the employee is given a payment. It includes:

• salary for actually worked days;
• compensation for unused vacation.

The Labor Code of the Russian Federation does not provide for any other special payments for employees dismissed on the grounds we are considering. Therefore, compensation can be provided, unless the employer has nothing against it (Article 178 of the Labor Code of the Russian Federation). If the manager and the employee have agreed on payment, information about this is indicated in the supplementary agreement to the contract. Compensation upon termination of an employment contract by agreement of the parties may be determined by a specific amount, or may be determined by the number of salaries of the employee.

Sample letter of resignation

After the agreement to terminate the contract is drawn up and signed by the parties, the administration issues an order to terminate the employment contract by agreement of the parties. The order is issued according to the unified standard form T-8.

The regulation states:

• grounds for dismissal;
• date of the employee's last day of work.

The departing person must be familiarized with the order under the signature.

Enrollment in labor

On the day of dismissal, information is entered in the employee's work book that the contract has been terminated by mutual agreement of the parties in accordance with Art. 77 of the Labor Code of the Russian Federation. The record is certified by the signature of the head of the personnel department and the seal of the organization. As a sign of familiarization with the information entered, the employee puts his signature next to the entry. A specially designated column indicates the details of the order, which became the basis for terminating the working relationship.

1. How is dismissal by agreement of the parties different from dismissal on other grounds.

2. How to formalize the termination of an employment contract with an employee by agreement.

3. In what order are taxes and contributions calculated from compensation paid upon dismissal by agreement.

An employment contract with an employee can be terminated both at the initiative of the employee and at the initiative of the employer, as well as due to circumstances beyond the control of the parties. In addition to these grounds, the Labor Code of the Russian Federation also provides for dismissal by "mutual consent", that is, by agreement of the parties. However, the situation when both the employee and the employer are simultaneously interested in terminating the employment relationship is extremely rare in practice. As a rule, the initiator is still one party, and most often, the employer. Then why do employers prefer, instead of laying off, for example, to reduce the number or staff, "negotiate" with employees? You will find the answer to this question in this article. In addition, we will find out what are the features of the design and conduct of the dismissal procedure by agreement of the parties, how it can be beneficial to the employer and employee.

Article 78 is devoted to dismissal by agreement of the parties in the Labor Code of the Russian Federation. And literally, the content of this entire article is as follows:

The employment contract can be terminated at any time by agreement of the parties to the employment contract.

The Labor Code does not contain any more clarifications regarding the procedure for conducting and formalizing the dismissal of an employee by agreement of the parties. Therefore, when terminating an employment relationship with an employee on this basis, one should be guided by established practice, primarily judicial, as well as explanations given by individual departments, such as the Russian Ministry of Labor.

Features of dismissal by agreement of the parties

To begin with, let's define how dismissal by agreement of the parties is fundamentally different from dismissal on other grounds. These features just explain why employers and employees in certain situations prefer to disperse by drawing up an agreement.

• Ease of design.

All that is required for the dismissal by agreement is the will of the employee and the employer, documented. Moreover, the whole procedure can take only one day - if the day the agreement is drawn up is the day of dismissal. Neither the employer nor the employee is required to notify each other in advance of their intention to terminate the employment contract. In addition, the employer does not need to notify the employment service and the trade union. Thus, it is obvious that it is much easier for an employer to “break up” with an employee by agreement than, for example, by.

• Opportunity to agree terms of dismissal.

According to the meaning of the very wording “dismissal by agreement of the parties”, termination of the employment contract in this case is possible if the employee and the employer agreed to the conditions put forward by each other, that is, they reached an agreement. In this case, the conditions can be very different. For example, the agreement can provide for the payment of monetary compensation to the employee (severance pay) and its amount, as well as the period of work, the procedure for transferring cases, etc. It should be noted that the payment of severance pay upon dismissal by agreement is not a prerequisite, and its minimum and maximum amounts are not established by law. Also, the term of working off - it may not be at all (dismissal on the day the agreement is signed), or, on the contrary, it can be quite long (more than two weeks). It is obvious how these terms of dismissal by agreement affect the interests of the employee and the employer: for the employee, the advantage is the opportunity to receive monetary compensation, and for the employer, the opportunity to set the necessary period for working off and transferring cases to a new employee.

• Change and cancellation only by mutual agreement.

After the agreement establishing a certain date and conditions for dismissal is signed by the employee and the employer, it is possible to amend or withdraw from it only by mutual agreement. That is, an employee with whom an agreement on termination of an employment contract has been signed cannot unilaterally “change his mind” about resigning or put forward new conditions for dismissal (Letter of the Ministry of Labor of April 10, 2014 No. 14-2 / ​​OOG-1347). This is one of the main advantages of dismissal by agreement of the parties for the employer compared, for example, with the dismissal of an employee of his own free will, in which the employee has the right to withdraw his letter of resignation.

! Note: In the event that the employee sends a written notice of his desire to terminate or change the previously signed dismissal agreement, the employer should also respond in writing, arguing his position (to meet the employee halfway or leave the agreement unchanged).

• The absence of "exceptional" categories of workers who are not subject to dismissal by agreement.

The Labor Code of the Russian Federation does not provide for any restrictions on employees who can be dismissed by agreement of the parties. Therefore, the fact that an employee is on vacation or on sick leave cannot be considered as an obstacle to terminating an employment contract with him on this basis, in contrast, for example, to dismissal at the initiative of the employer (part 6 of article 81 of the Labor Code). Under the agreement, employees who have concluded both a fixed-term employment contract and an indefinite one, as well as employees during a probationary period, can be dismissed.

Also, from a formal point of view, the legislation does not prohibit the dismissal of a pregnant employee by agreement of the parties: such a ban is valid only upon dismissal at the initiative of the employer (part 1 of article 261 of the Labor Code). However, when terminating a contract with a pregnant woman, the employer should be especially careful: firstly, the consent to terminate the contract must really come from the employee herself, and secondly, if the employee did not know about her pregnancy at the time of signing the dismissal agreement, but found out later and expressed a desire to annul the agreement, the court may recognize her claim as legitimate (Ruling of the Supreme Court of the Russian Federation dated 05.09.2014 No. 37-KG14-4).

• No special justification is required for dismissal.

Unlike, for example, dismissal for disciplinary violations, in which the employer needs to have sufficient evidence of the fact that they were committed by the employee, dismissal by agreement is based solely on the will of the parties and does not require any evidence or confirmation (the main evidence is the agreement itself, signed by the parties) . Thus, if the employee is “guilty”, then dismissal by agreement can be beneficial to both parties: the employee will avoid an unpleasant entry in the work book, and the employer will not have to additionally confirm the legality of the dismissal.

These are the main distinguishing features of dismissal by agreement of the parties, which explain its attractiveness for both parties to labor relations. Employers especially “love” dismissal on this basis: this is the fastest and surest way to part with objectionable employees, which virtually eliminates the possibility for workers to challenge its legitimacy and reinstate their jobs- after all, they personally agreed to terminate the employment contract. Of course, we are talking about the voluntary consent of the employee to dismissal, and not about situations where such consent was obtained under pressure or fraudulently (which, however, the employee will have to prove in court).

The procedure for issuing dismissal by agreement of the parties

1. Drawing up an agreement on termination of the employment contract.

Such an agreement between the employee and the employer is the basis for dismissal, so it must be documented without fail. However, the form of the dismissal agreement is not regulated, that is, the parties have the right to draw it up in any form. The main thing that this document should contain:

• grounds for dismissal (agreement of the parties);
• date of dismissal (last working day);
• written will of the parties to terminate the employment contract (signature).

An agreement on termination of an employment contract can be drawn up:

• in the form of an employee's statement with a written resolution of the employer. This option is the simplest, but it is suitable in cases where only the date of dismissal is agreed (which is indicated in the application);
• in the form of a separate document - an agreement on termination of an employment contract. Such an agreement is drawn up in two copies, one for the employee and the employer. In addition to the mandatory components, it may contain additional conditions that the parties have agreed on: the amount of monetary compensation (severance pay), the procedure for transferring cases, granting leave with subsequent dismissal, etc.

1. Issuing a notice of dismissal

An order for the dismissal of an employee by agreement of the parties, as well as for dismissal for other reasons, is drawn up in the unified form T-8 or T-8a (approved by Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1) or according to. At the same time, the order states:

• in the line “The basis for termination (termination) of the employment contract (dismissal)” - “Agreement of the parties, clause 1, part 1, art. 77 of the Labor Code of the Russian Federation”;
• in the line "Basis (document, number and date)" - "Agreement on termination of the employment contract No. ... from ...".

1. Filling out a work book

When an employee is dismissed by agreement of the parties, the following entry is made in his work book: “The employment contract is terminated by agreement of the parties, paragraph 1 of part one of Article 77 of the Labor Code of the Russian Federation”

The dismissal record is certified by the employee responsible for maintaining work books, with the seal of the employer, as well as the signature of the dismissed employee himself (clause 35 of Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books”). The work book is issued to the employee on the day of dismissal (part 4 of article 84.1 of the Labor Code of the Russian Federation), and the fact of its receipt is confirmed by the signature of the employee in the personal card and the register of work books and inserts in them.

Payments upon dismissal by agreement of the parties

On the day the employee is dismissed, that is, on the last working day, the employer must pay him in full (Articles 84.1, 140 of the Labor Code of the Russian Federation). The following amounts are payable:

• wages for hours worked (up to and including the day of dismissal);
• compensation for unused vacation;
• severance pay (if its payment is provided for by agreement of the parties).

! Note: The final settlement with the employee must be made on the day of termination of the employment contract. The employer is not entitled to set a later payment period (after dismissal), even if the employee himself does not object and such a period is provided for by the agreement on termination of the employment contract (Article 140 of the Labor Code of the Russian Federation).

Calculation and payment of wages for days worked and compensation for unused vacation (withholding for vacation used in advance) upon dismissal by agreement of the parties are no different from similar payments upon dismissal on other grounds. Therefore, we will dwell in more detail on the “specific” payment - monetary compensation in the form of severance pay.

As already mentioned, the amount of severance pay does not have any legally established restrictions and is determined only by agreement of the parties. In practice, most often The amount of severance pay is determined by the employee:

• in the form of a fixed amount;
• based on the official salary (for example, in double the amount of the official salary established by the employment contract);
• based on average earnings for a certain period after dismissal (for example, in the amount of average earnings for two months after dismissal).

! Note: If the size of the severance pay is set on the basis of average earnings, its amount is determined in accordance with Decree of the Government of the Russian Federation of December 24, 2007 No. 922 “On the peculiarities of the procedure for calculating average wages”. At the same time, the procedure for calculating the average daily earnings for the payment of severance pay differs from that used for calculating vacation pay and compensation for unused vacation. The average daily earnings for the payment of severance pay is calculated by dividing the amount of payments included in the calculation for the last 12 calendar months preceding the day of dismissal by the number actually worked out for this period of days (paragraph 5, clause 9 of Resolution No. 922). Thus, the amount of severance pay depends on the number of working days in the period for which it is paid.

Taxes and contributions from severance pay by agreement of the parties

• Personal income tax from severance pay paid upon dismissal by agreement of the parties

In accordance with paragraph 3 of Art. 217 of the Tax Code of the Russian Federation, not subject to income tax the following payments related to the dismissal of employees:

• severance pay,
• average monthly salary for the period of employment,
• compensation to the head, deputy heads and chief accountant of the organization,

provided that the amount of such payments does not exceed in total three times the average monthly earnings(six times - for employees of organizations located in the regions of the Far North and equivalent areas). Amounts exceeding three (six) times the average monthly earnings are subject to personal income tax in the general manner (Letter of the Ministry of Finance of Russia dated 03.08.2015 No. 03-04-06 / 44623).

! Note: According to the explanations of the Ministry of Finance of the Russian Federation, in order to apply paragraph 3 of Art. 217 of the Tax Code of the Russian Federation, the following must be taken into account:

• If the severance pay due to the employee upon dismissal by agreement of the parties is paid to him in installments, then in order to determine the amount of the allowance not subject to personal income tax, it is necessary sum up all benefit payments, even if they are produced in different tax periods (Letter of the Ministry of Finance of Russia dated August 21, 2015 No. 03-04-05 / 48347).

• To determine the threefold (sixfold) size of the average monthly earnings should be guided by Art. 139 of the Labor Code of the Russian Federation and the procedure for calculating the average wage (average earnings) established by Decree of the Government of the Russian Federation dated December 24, 2007 No. 922 “On the features of the procedure for calculating the average wage” (Letter of the Ministry of Finance of Russia dated June 30, 2014 No. 03-04-06 / 31391) . The average daily earnings are calculated in the following order:

* Settlement period - equal to 12 previous calendar months

• Contributions from severance pay paid upon dismissal by agreement of the parties

By analogy with personal income tax, insurance premiums to the PFR, FFOMS and FSS not charged on the amount of payments in the form of severance pay and average monthly earnings for the period of employment, not exceeding in total three times the average monthly salary(six times - for employees of organizations located in the regions of the Far North and areas equated to them) (paragraph “e”, paragraph 2, part 1, article 9 of Law No. 212-FZ, paragraph 2, paragraph 1, article 20.2 of Law No. 125-FZ). The part of the severance pay paid upon dismissal by agreement of the parties, exceeding three (six) times the average monthly salary, is subject to insurance premiums in the general manner (Letter of the Ministry of Labor of Russia dated September 24, 2014 No. 17-3 / B-449).

• Tax accounting of compensation upon dismissal by agreement of the parties

Employers using both DOS and STS, are entitled to expense to pay the amount of severance pay to employees dismissed by agreement of the parties (clause 6 clause 1, clause 2 article 346.16; clause 9 article 255 of the Tax Code of the Russian Federation). The main condition: the payment of such benefits must be provided for by an employment or collective agreement, an additional agreement to an employment contract or an agreement on termination of an employment contract. The severance pay is taken into account for tax purposes in the full amount without any restrictions.

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Normative base

1. Labor Code of the Russian Federation
2. Tax Code of the Russian Federation
3. Federal Law No. 212-FZ dated July 24, 2009 “On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”
4. Federal Law No. 125-FZ of July 24, 1998 “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases”
5. Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”
6. Decree of the Government of the Russian Federation of December 24, 2007 No. 922 "On the peculiarities of the procedure for calculating the average wage"
7. Decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment”
8. Determination of the Supreme Court of the Russian Federation of 05.09.2014 No. 37-KG14-4
9. Letters from the Ministry of Labor

• No. 14-2/OOG-1347 dated April 10, 2014
• dated September 24, 2014 No. 17-3 / V-449

Termination of the contract by agreement of the parties (part 8 of article 95 of the Federal Law No. 44)

In part 8 of Art. 95 of the Federal Law of 04/05/2013 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Federal Law No. 44) establishes that termination of the contract is allowed by agreement of the parties, by a court decision, in the event of a unilateral refusal of the contracting party to perform the contract in accordance with civil law.

Article 95 of the Federal Law No. 44 describes in detail only the procedure for terminating the contract unilaterally. As for the termination of the contract by agreement of the parties, the law simply enshrined such a possibility.

Consider the possibility of terminating the contract by agreement of the parties.

According to part 14 of Art. 34 of Federal Law No. 44, the contract may contain a condition on the possibility of unilateral refusal to perform the contract in accordance with the provisions of parts 8-26 of Art. 95 FZ No. 44. Also in Art. 95 of Federal Law No. 44 states that the contract can be terminated unilaterally only if the contract provided for such an opportunity. With regard to termination of the contract by agreement of the parties, then Federal Law No. 44 does not establish the requirement to reflect such a possibility in the contract.

According to Part 1 of Art. 450 of the Civil Code of the Russian Federation, change and termination of an agreement are possible by agreement of the parties, unless otherwise provided by this code, other laws or an agreement.

Thus, even if the contract does not provide for the possibility of terminating the contract by agreement of the parties, such a right exists by default, by virtue of the law.

Also, Article 451 of the Civil Code of the Russian Federation defines the possibility of changing and terminating the contract in connection with a significant change in circumstances. In paragraph 1 of Art. 451 of the Civil Code of the Russian Federation establishes that a change in circumstances is recognized as significant when they have changed so much that, if the parties could reasonably foresee this, the contract would not have been concluded by them at all or would have been concluded on significantly different conditions.

In practice, there are several situations when the parties by agreement can terminate the contract. So, mutual termination of the contract is possible, firstly, if the supplier cannot fulfill his obligations under the contract for reasons beyond his control (for example, the contract has expired, and the customer has not chosen all the goods, respectively, the supplier has not delivered all the goods). Secondly, when there is no longer a need to supply goods from the customer. Thirdly, when the contract cannot be performed due to force majeure circumstances. These are force majeure circumstances (or otherwise - force majeure circumstances), namely: earthquakes, floods, snow drifts, riots, civil wars, strikes, etc. That is, everything that disrupts the normal operation of transport, technology, communications etc., and is characterized primarily by its extraordinary (unusual) that falls out of the normal course of development, and, as a rule, are unforeseen phenomena in advance, thereby preventing the timely delivery of goods.

Note that, according to Article 452 of the Civil Code of the Russian Federation, an agreement to amend or terminate a contract is made in the same form as the contract. Thus, the agreement to terminate the contract must be in writing and signed by the parties.

In Art. 453 of the Civil Code of the Russian Federation defines the consequences of termination of the contract: upon termination of the contract, the obligations of the parties terminate, unless otherwise provided by law, the contract or follows from the nature of the obligation. In the event of termination of the contract, the obligations are considered terminated from the moment the parties agree to terminate the contract, unless otherwise follows from the agreement.

The parties are not entitled to demand the return of what was performed by them under the obligation before the termination of the contract, unless otherwise provided by law or by agreement of the parties.

Note that in the event of termination of the contract by agreement of the parties, the customer does not send to the body authorized to exercise control in the field of procurement (Federal Antimonopoly Service), information and information about the supplier (contractor, performer), subject to inclusion in the register of unscrupulous suppliers.

Please note that, in accordance with Art. 103 of Federal Law No. 44, an all-Russian register of contracts is maintained.

The procedure for maintaining the register of contracts is regulated by Decree of the Government of the Russian Federation of November 28, 2013 No. 1084 “On the procedure for maintaining the register of contracts concluded by customers and the register of contracts containing information constituting state secrets” (hereinafter - Decree No. 1084).

According to Decree of the Government of the Russian Federation No. 1084, the register of contracts includes:

Information about concluded contracts;

Information about changing the contract;

Information about the execution (termination) of the contract;

Information about the termination of the contract.

Thus, in a single information system (before its commissioning - on the official website www.zakupki.gov.ru), the customer must, within three working days from the date of signing the agreement on termination of the contract, include information in the register of contracts.

For violation of the requirements for maintaining a register of contracts, the Code of Administrative Offenses of the Russian Federation provides for liability in the form of a fine.

The customer should be aware of the reporting established by Art. 94 of the Federal Law No. 44. So, according to Part 9 of Art. 94 of Federal Law No. 44, the results of a separate stage of contract execution (with the exception of a contract concluded in accordance with paragraph 4 or paragraph 5 of part 1 of article 93 of the said law), as well as information on the delivered goods (work performed, service rendered) are reflected by the customer in a report containing information:

1) on the execution of the contract (the results of a separate stage of the execution of the contract: the delivery of goods, the work performed or the service rendered, including their compliance with the schedule), on compliance with the intermediate and final deadlines for the execution of the contract;

2) on improper performance of the contract (indicating committed violations) / on non-performance of the contract and on sanctions that have been applied in connection with the breach of the terms of the contract or its non-performance;

3) on changing or terminating the contract in the course of its execution.

Regulations on the preparation and placement in a single information system (before its commissioning - on the official website www.zakupki.gov.ru) in the field of procurement of a report on the execution of a state (municipal) contract and (or) on the results of a separate stage of its execution (hereinafter - Regulation) approved by Decree of the Government of the Russian Federation of November 28, 2013 No. 1093 “On the procedure for preparing and posting in a single information system in the field of procurement a report on the execution of a state (municipal) contract and (or) on the results of a separate stage of its execution”.

According to part 3 of the named Regulation the report is posted by the customer within 7 working days from the date of termination of the contract, that is, from the day determined by the agreement of the parties on termination of the contract, the day the court decision on termination of the contract comes into force or the day the decision of the supplier, contractor or contractor or customer on unilateral refusal to perform the contract comes into force.

Here is an example form of an agreement to terminate the contract.

AGREEMENT

ON TERMINATION OF THE CONTRACT No. ___ dated "___" _______ 20__

_______________ "__" __________ 20 __

(Full name of the state (municipal) customer ) in the face ( ), hereinafter referred to as the "Customer", on the one hand and ( complete name of company ) in the face ( position of the head, full name ), acting on the basis ( indicate the document certifying the authority ), hereinafter referred to as the "Supplier" ("Contractor" or "Contractor"), collectively referred to as the "Parties", have entered into this agreement as follows:

1. On the basis of Part 8 of Art. 95Federal Law of 05.04.2013 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Federal Law No. 44)and part 1 of Art. 450 of the Civil Code of the Russian Federation withpartiescame to an agreement to terminate the contract No. ___ dated "___" _____ 20 __ for (subject of contract ) , concluded according to the results ( you need to enter e ) (Protocol (enter the right ) № ( meaning ) from (day month Year )).

2. Mutual settlements between the Parties ontoContract No. ___from "__" ____ 20 __produced in full.Hand at the time of the conclusion of this agreement, the Supplier delivered the goods(services rendered, works performed)for the amount of _____ (______) rubles ____ kopecks. For delivered goods(services rendered, works performed)The customer has paid in fullsize_____ (______) rubles ____ kopecks.

The parties have no claims against each other.

If the goods (services, works) are delivered (rendered, performed) not in full, it is possible to indicate the following: The supplier has the right to demand payment in full for the actual quantity of the delivered goods (rendered services, performed work), a Customer about byazan P take and pay the actual amount delivered product a (service rendered, work performed).

The goods (service, work) remaining for delivery are not supplied by the supplier (it turns out to be performed) and, accordingly, the customer is not paid.

3. The obligations of the Parties under Contract No. __ dated "__" _____ 20__ terminate from the moment of signing this Agreement.

4. The Agreement is made in two copies having equal legal force, one copy for each Party.

5. Details and signatures of the Parties: