Greetings, dear contract service employees. It is no secret that stability in society is maintained thanks to the competent distribution of budgetary allocations. That is why working with Federal Law 44 and its competent application is the key to stability. But it is not exactly.

Termination of a contract is somewhat similar to a marital divorce. The reasons for it are largely similar, but each time the situation is unique. However, the mistakes made by the parties bound by the government contract are largely monotonous and equally sad.

In our article we will try to explain how to competently and accurately carry out the procedure for unilateral termination of a contract, explaining this in the simplest possible terms. Unilateral termination is your protection in case of encountering dishonest actions of the other party.

Experienced participants understand when it is possible to negotiate and when it is only harmful. However, despite the fact that termination is called unilateral, this does not mean that the other party cannot participate in this process in any way - on the contrary: there is a certain procedure, the violation of which can lead to the recognition of unilateral termination as illegal.

FOR THE CUSTOMER:

Someone didn’t share something with someone, or couldn’t find a common language? During the execution process, did irresolvable contradictions arise in assessing the actions of the parties to the contract? Perhaps you are faced with the fact that the Contractor has grossly and repeatedly violated the deadlines for fulfilling his obligations? (for more details, see paragraph 15 of Article 95) It doesn’t matter why, but if you want to immediately terminate the contract, first make sure of the following:

- your contract provides for unilateral termination

It is possible to conclude a government contract without the possibility of unilateral termination. In this case, termination is possible only through court.

- you are really sure that you notified the Contractor

To do this, you need to carefully read the text of the contract itself, which is unusual for a person in the normal state. Your contract must contain information about the procedure for notifying the parties.

Example: You have entered into a contract for the supply of goods in batches upon request. You send your requests by email to the Supplier, but there is no product. You send a complaint to the Supplier by email, but there is still no response or product. You make a decision to terminate and send it by email to the Supplier and after 10 days, without waiting for a response, you terminate the contract by posting information about termination in the Unified Information System.

However, the Supplier sues you and wins because he proves that he did not receive any letters from you. In response to your arguments and screenshots indicating that letters were sent, he states that this mailbox has nothing to do with him. The contract does not stipulate correspondence by email, or there is a condition according to which all electronic correspondence must be duplicated on paper.

Often the Customer conducts business correspondence carelessly, without proper registration. Remember, a simple letter to an email address, unless specified in the contract, has no legal force. Of course, if you are clever, you can try to prove that there was proper notification (to do this you need to prove that the email address is of a public nature and belongs specifically to the Supplier, etc.), but is it necessary to create unnecessary complications in order to then prove that the scanned letter is without a stamp? and the signature of the responsible person, sent to the mail of a third-party manager, is this a properly completed application?

Important: termination is a responsible matter, therefore only “hardcore” - only a paper letter with notification to the legal address. All telephone conversations related to the contract are recorded only (can be recorded without notifying the other party).

- you placed the goods in safekeeping and notified about it

If any defects are discovered, you are obliged to place the goods in safe custody, notifying the Supplier. Do this immediately, because if you do not take the goods into custody (on paper), you expose yourself to the risk of guilt for the condition and quality of the goods.

- are you really sure that failure to comply with deadlines is a significant violation?

If the contract does not stipulate what terms are essential for you, then it is unlikely that you can terminate the contract for late fulfillment of obligations. Usually, the terms of the contract stipulate after what waiting period the Customer has the right to terminate.

If you have properly submitted a request to the Supplier for the supply of goods, or the contract strictly stipulates the deadlines for the completion of work/services, you can send a claim only when critical values ​​have been reached (usually 30 days). If the deadlines for completing the work are not agreed upon, you are obligated to charge penalties, but not terminate the contract. Another case is if the deadlines are violated repeatedly: in such circumstances, you have the right to terminate.

- you yourself did not violate the terms

Accepting the results of work or goods is a routine matter, but at the same time not devoid of creative potential. Make sure you receive the goods within the proper time frame and carry out quality checks properly. Also take care to correctly draw up a report on the identified violation. The act itself on the identified deficiencies must be sent along with the decision on termination.

Important: if you included in the text of the contract a link to the instructions on the procedure for accepting production and technical products and consumer goods in terms of quality (P-7) and quantity (P-6), approved by the Resolution of the USSR State Arbitration Court of April 25, 1966, then act in accordance with strict compliance with it. Any violation of the terms and procedure for notification will be considered by the higher courts as a reason for refusing to satisfy the interests of the party that violated the instructions.

If a decision has been made, it must be posted within 3 working days in the Unified Information System and sent to the supplier in the appropriate manner. After the notification (for more details, see clause 12. Article 95 - the date of notification is not the moment you sent the letter, but the moment it was received/not received by the Contractor), you count down 10 days and on the 11th day, if the violation is not eliminated, the contract is considered terminated. Take a calculator, calculate the penalties and fines, file a pre-trial claim and do not forget to provide information about the inclusion of the Contractor in the RNP.

FOR SUPPLIER:

If you are a supplier, you also have the right to terminate the contract unilaterally if the Customer has this right, even if this is not specified in the text of the contract. In your case, everything is simpler: if the Customer violates the essential terms of the contract (including repeatedly, payment terms), you have the right to surprise the Customer by unilaterally terminating the contract. The notification procedure is exactly the same as for the Customer, the only difference being that you do not place anything in the Unified Information System. Surprisingly, the Customer does not always know what to do in such cases.

It is important to remember that any violation committed by the Customer, not recorded by you on paper or otherwise, has no evidentiary value.

Summary:

If you want to terminate the contract unilaterally, be friends with Art. 95. If you find in the text of your contract something related to the USSR and P-6 and P-7, be EXTREMELY attentive to deadlines and notifications (see the practice of higher courts).

Ruling of the Supreme Court of October 24, 2017 in case No. A07-9954/2016
Ruling of the Supreme Court of October 12, 2015 in case No. A28-14637/2013
Ruling of the Supreme Court of March 16, 2015 in case No. A59-5567/2013
Determination of the Supreme Arbitration Court of the Russian Federation dated April 12, 2013 No. VAS-3489/13 in case No. A21-2740/2012.
Determination of the Supreme Arbitration Court of the Russian Federation dated July 5, 2012 No. VAS-8673/12 in case No. A27-3941/2011;
Determination of the Supreme Arbitration Court of the Russian Federation dated March 5, 2012 No. VAS-1816/12 in case No. A56-73083/2010;
Determination of the Supreme Arbitration Court of the Russian Federation dated April 11, 2011 No. VAS-4823/11 in case No. A32-2862/2010-21/40;
Determination of the Supreme Arbitration Court of the Russian Federation dated March 23, 2011 No. VAS-2781/11 in case No. A41-6481/10;
Determination of the Supreme Arbitration Court of the Russian Federation dated November 26, 2010 No. VAS-16010/10 in case No. A56-17686/2009;
Determination of the Supreme Arbitration Court of the Russian Federation dated September 15, 2010 No. VAS-12245/10 in case No. A31-3296/2009;
Determination of the Supreme Arbitration Court of the Russian Federation dated August 16, 2010 No. VAS-10410/10 in case No. A76-27471/2009-16-799/8;
Determination of the Supreme Arbitration Court of the Russian Federation dated May 4, 2010 No. VAS-5361/10 in case No. A32-22020/2009-35/503;
Determination of the Supreme Arbitration Court of the Russian Federation dated April 21, 2010 No. VAS-4586/10 in case No. A63-64/09-C2-12;
Determination of the Supreme Arbitration Court of the Russian Federation dated March 18, 2010 No. VAS-2907/10 in case No. A32-27540/2008-62/409;
Determination of the Supreme Arbitration Court of the Russian Federation dated March 16, 2010 No. VAS-2784/10 in case No. A50-5974/2009;
Determination of the Supreme Arbitration Court of the Russian Federation dated 03/05/2010 No. VAS-2322/10 in case No. A32-26907/2008-32/415.
Determination of the Supreme Arbitration Court of the Russian Federation dated October 1, 2009 No. VAS-12301/09 in case No. A62-2129/2008
Determination of the Supreme Arbitration Court of the Russian Federation dated September 3, 2009 No. VAS-11268/09 in case No. A63-3515/2008-C2-26
Determination of the Supreme Arbitration Court of the Russian Federation dated June 19, 2009 No. VAS-7315/09 in case No. A10-2453/08
Determination of the Supreme Arbitration Court of the Russian Federation dated November 11, 2008 N 14418/08 in case N A76-26105/2007-17-304/38

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Termination of the State Contract

PROCEDURE FOR TERMINATION OF A STATE CONTRACT. We begin proceedings in this category of cases only after a preliminary analysis and preparation of a legal opinion in writing for the Customer indicating the prospects (paid service).

Termination of a government contract is a standard procedure provided for by law. A government contract is terminated in several cases: by court decision, by agreement and unilaterally.

Practice shows that termination of a government contract is a fairly common situation and arises for objective reasons:

Inability to fulfill obligations due to reasons beyond the contractor’s control (for example, the customer cannot decide on the choice of product),

The customer no longer needs to supply the goods or services for which the contract was concluded,

Various force majeure events (for example, natural disasters).

Termination of obligations by agreement of the parties is the best option for resolving misunderstandings

In situations that have developed in practice, when the parties cannot fulfill their obligations due to objective reasons, termination of the government contract by agreement of the parties is the most painless procedure. Termination of a government contract by agreement of the parties under Federal Law 44 occurs on the basis of a written agreement.

In this case, the parties do not have the right to demand compensation for what has already been performed under the contract. The agreement to terminate the contract by agreement of the parties has a prescribed form. It must include the following points:

About the fact of termination of the contract, indicating its details,

Clause on mutual settlements between the supplier and the customer at the time of termination of the contract, indicating the full cost,

The date of termination of bilateral obligations is fixed,

About the absence of mutual claims,

Signatures and details of both parties.

The agreement to terminate the government contract is drawn up in two copies and issued to the customer and supplier. If necessary, both parties have the right to add additional clauses to the agreement. Unilateral refusal of a government contract is most often a conflict situation, a more complex legal procedure, but it takes place if this clause was specified when signing the contract.

Exercise of the right to unilateral refusal to fulfill agreements

Termination of a government contract may be a requirement, both on the part of the customer and on the part of the supplier; it is legally strictly regulated. Each party has the right to unilaterally refuse to perform a government contract. But in practice, most often this situation leads to conflict between the parties.

The Civil Law Code of the Russian Federation provides for the situation that one of the parties may decide to unilaterally terminate contractual obligations, but only on legal grounds. That is why such a possibility is provided for in advance and prescribed when concluding the contract.

In the event of a gross violation of the contractual obligations of each party, which leads to significant financial losses of the second party, this is the main reason giving the right to exercise the right to unilaterally terminate the fulfillment of contractual obligations.

During the contract, the customer discovered an inconsistency in the information about the contractor (for example, he found him on the list of unreliable ones); he has the right to unilaterally terminate the contractual agreement. Or, when concluding a contract, the supplier used forged documents.

Suppliers have the right to terminate the contract on their part. But for this it is important to follow two rules when preparing documents:

Write down a clause on the possibility of terminating the contract,

The supplier cannot unilaterally terminate the contract; this condition is met only if the customer has the same right.

Implementation of the customer's rights

To establish violations of fulfillment of obligations under the contract, the customer must conduct an examination. If violations of the contract clauses are established, the supplier is sent a written notice of contract termination:

To do this, you need to send a registered letter with notification,

Send an email.

The customer must ensure that his notice is received by the opposing party. The letter indicates the reasons that are a valid reason for terminating the agreement. In the absence of compelling reasons, the customer has no rights to make claims.

The legislation establishes a 10-day period for the supplier to eliminate the claims made. If they are eliminated during this time, the customer must cancel the decision to terminate the contract. The customer can cancel such a decision only once. If violations are repeated, the supplier has every chance of being included in the register of unscrupulous contractors.

There are many situations when the customer needs to unilaterally cancel the contract. The legislation provides for such situations. But for this, the customer must fulfill a number of requirements. If the legal procedure for unilateral termination of a government contract is violated, he will be fined by the antimonopoly authority.

Exercising supplier's rights

The supplier has the same right to terminate the contract due to failure to fulfill contractual obligations. This clause must be specified when concluding a government contract. In this case, the procedure is carried out in the same manner as when the contract is terminated by the customer.

The opposite party is notified of the termination of the contract by letter and must correct the comments within ten days. For either party upon termination of a government contract, only compensation for financial losses is provided; compensation for moral damage is not provided for by law.

The right of the customer and supplier to refuse can be motivated (conditional) or unmotivated (unconditional). Reasoned refusal of a contract is associated with a gross violation of the terms of the contract. An unmotivated refusal is also the right of the customer (supplier), his personal desire, subject to compensation for actual losses.

In addition, the supplier has the right to appeal the decision of the executive authorities to terminate the contract and add it to the “black list”. He can make a counter-statement stating that, for his part, he is also the initiator of the termination of the agreements. This happens if he was not officially notified of the customer’s decision.

When the defendant is considered officially notified

A contract cannot be terminated by one party without formal notice to the other party. The defendant is considered officially notified:

The sender has received official notification of delivery of the notice informing about the termination of the contract,

A letter was returned to the sender with a note that the specified addressee was absent,

After 30 days from the moment the customer’s refusal from the contract appears in the unified information system.

Possible consequences of termination of a government contract

Upon termination of the contract, all contractual obligations between the parties to the contract are canceled. The consequences of such a decision will largely affect the contractor (supplier) of contractual obligations that were terminated at the initiative of the customer. Appearing on the “black list” is a serious blow to his reputation.

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Termination of the contract by agreement of the parties 44-FZ

The concept of termination by agreement of the parties

Termination by agreement of the parties under 44 Federal Laws implies that in the process of fulfilling obligations a change in conditions occurred. Because of this, the fulfillment of all conditions became less profitable than the customer or supplier initially expected at the time of conclusion.

The law does not provide a list of situations due to which a contract can be terminated by mutual consent. However, these include the following cases:

Draw up a document on termination by agreement of the parties.

It is necessary to document the termination of the rights and obligations of the customer and supplier and reflect their mutual agreement on the termination of legal relations. You can find a sample of such a document below.

Step 3. Return the collateral.

Place information in the Unified Information System (UIS).

Sample agreement and requirements for it

The agreement is drawn up in writing in two copies, which have equal legal force, one each for the customer and the supplier. The form is not regulated by legal acts, but it is advisable to indicate the following data:

Termination of a state (municipal) contract

This Agreement is concluded in the same form as a state (municipal) contract.

The basis for termination of a contract in court is a significant violation of the terms by the other party. A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is largely deprived of what it had the right to count on when concluding/ Appendix No. 1: Sample letter of proposal to terminate a state (municipal) contract by agreement of the parties .

Additional agreement on termination of contract under Federal Law 44 sample

Therefore, it necessarily contains the following positions:

• Signature and seal of both parties.
• A copy of the preamble from the contract.
• Contract details.
• Details and addresses of the parties.
• Prescribes changes, subject to the obligatory condition that all other points remain unchanged.
• Issued in two copies.

The clauses that have undergone changes become invalid from the moment the additional agreement comes into force.

I’m against it. Having drawn up such a letter, the customer can terminate the contract unilaterally, right? also collect a fine. Now they are loyal and say that they will terminate without question, but I am afraid that there may be a trap here. I ask you to help me formulate this phrase correctly, so that the contract can still be terminated by agreement and without the risk of a claim or fine.

Therefore, an agreement signed by the parties using an electronic signature is a transaction made in simple written form. According to Part 1 of Art. 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, unless otherwise follows from the law, other legal acts, the contract or business customs.

Thus, the agreement to terminate the contract () must be drawn up in simple written form.

Termination of the contract by agreement of the parties (h

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 force of law. In practice, there are several situations when parties to an agreement can terminate a contract. So, mutual termination of the contract is possible, firstly, if the supplier is unable to fulfill its obligations for reasons beyond its control (for example, the deadline has expired, and the customer has not selected all the goods, respectively, the supplier has not delivered all the goods).

The termination procedure may be specified in the text of the contract itself.

But such a rule is not mandatory. You can refuse to fulfill a contract, even if this is not directly stated in the text of the document.

In what situations is termination by mutual consent possible? Mutual refusal of the parties to fulfill previously assumed obligations is possible in the following situations: It is permissible to terminate a contract by mutual agreement only in the presence of compelling circumstances.

Termination of a contract by agreement of the parties: consideration under Federal Law-44

Termination of the contract by agreement of the parties in accordance with Federal Law 44 is the most optimal option for resolving disagreements if the latter cannot be achieved. Article 94 of the Federal Law on the Contract System establishes that termination of a contract is possible in three different cases:

• By agreement of the parties;
• By the tribunal's decision;
• In case of unilateral refusal in accordance with the current civil legislation of the Russian Federation.

The article of the law describes in detail the procedure for unilateral termination of a contract; as for the agreement of the parties, the law deals only with this possibility and nothing more.

According to Part 14, Article 34 of Federal Law No. 44, a contract concluded between the parties may contain a condition on the possibility of unilateral refusal to fulfill the contract. This is precisely what is discussed in Article 95, which states that unilateral termination is possible only if the contract contains this provision. As for the possibility of termination by agreement of the parties, the law does not require mention of this clause in the text of the contract.

Thus, we can conclude that even if the contract does not provide for such a possibility, the parties can still terminate the contact and this will be completely legal on their part. Because this rule applies by default, by force of law.

Termination of contact by agreement of the parties in practice: Federal Law-44

In practical terms, there are several different situations where parties to an agreement may terminate a valid contract. So, the first case that should be mentioned is that mutual termination of the contract is possible if the supplier is unable to fulfill its obligations under the contact for reasons beyond its control (in other words, in cases of force majeure). The second situation occurs when the customer no longer needs to supply goods. Thirdly, when the contract cannot be performed due to force majeure circumstances.

It should be noted that in accordance with civil law, agreements to terminate contracts are made in the same form in which these contracts were concluded. Since the form for contacts under Federal Law-44 is written, the form of the termination agreement must also be written.

As for bank guarantees and other types of security, the parties do not have the right to demand the return of what they performed under the obligation before the termination of the contract, unless otherwise established by law or by mutual agreement of the parties.

Form of agreement to terminate the contract by agreement of the parties

The termination agreement must be drawn up in the following form:

ON TERMINATION OF 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 ( full name of the organization ) in the face ( position of manager, full name ), acting on the basis ( indicate a document certifying your authority ), hereinafter referred to as the “Supplier” (“Contractor” or “Executor”), collectively referred to as the “Parties”, have entered into this agreement as follows:

1. Based on 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 referred to as Federal Law No. 44) and Part 1 of Art. 450 of the Civil Code of the Russian Federation, the parties agreed to terminate contract No. ___ dated “___” _____ 20 __ on ( subject of contract ), concluded based on the results ( need to be entered e) (Protocol ( enter what you need ) № (meaning ) from ( day month Year )).

2. Mutual settlements between the Parties under Contract No. ___ dated “__” ____ 20 __ were made in full. At the time of concluding this agreement, the Supplier delivered goods (services provided, work performed) in the amount of _____ (______) rubles ____ kopecks. For the goods supplied (services provided, work performed), the Customer made payment in full in the amount of _____ (______) rubles ____ kopecks.

The parties have no claims against each other.

If the goods (services, work) are not delivered (provided, performed) in full, it is possible to indicate the following: The Supplier has the right to demand payment in full for the actual quantity of goods delivered (services provided, work performed), and the Customer is obliged to accept and pay the actual quantity of goods delivered (services provided, work performed).

The remaining product (service, work) is not supplied by the supplier (it turns out that it is being performed) and, accordingly, is not paid for by the customer.

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

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

Termination of a contract under 44-FZ by agreement of the parties: procedure

The conclusion of a contract according to the rules of 44-FZ is preceded by several lengthy and complex stages. However, it is not uncommon for the parties to lose interest in the contract after achieving the desired result. The way out of this situation is to terminate the contract by mutual consent. This possibility is provided for by Part 8 of Article 96 of 44-FZ.

Features of termination of a contract by agreement of the parties

44-FZ describes in detail all the rules for unilateral termination of a contract. There is no special procedure regarding the mutual consent of the supplier and the customer. The legislator provided only this possibility and no more. Therefore, the parties will have to rely on the norms of the Civil Code.

The termination procedure may be specified in the text of the contract itself. But such a rule is not mandatory. You can refuse to fulfill a contract, even if this is not directly stated in the text of the document.

The termination agreement is concluded in the same form as the original contract. It is drawn up in writing and certified by the signatures and seals of both parties. If at the time of termination any obligations under the contract have already been fulfilled, then the parties have no right to demand the return of their costs.

In what situations is termination by mutual consent possible?

Mutual refusal of the parties to fulfill previously assumed obligations is possible in the following situations:

1. Failure of the supplier to fulfill its obligations due to reasons beyond its control. Such situations are called force majeure. These include: floods, earthquakes, wars, snow storms and the like. Force majeure is considered to be circumstances that disrupt the performance of equipment, transport, communications, and so on.
2. The customer no longer needs to purchase specified goods or services.
3. Performance of the contract is not possible due to third-party factors.
4. The appropriate financial resources from the state budget were not provided to the customer, as a result of which payment for the supplied goods or services is impossible.
5. If the contract period has expired, but the customer has not selected the entire declared volume of goods.
6. The supplier has lost the ability to fulfill its obligations in a timely manner, and the customer agrees to withdraw from the contract.

It is permissible to terminate a contract by mutual agreement only in the presence of compelling circumstances. This rule is provided for in Article 451 of the Civil Code. Only those situations are considered significant if they had occurred before the contract would not have been concluded at all.

Contract termination procedure

Article 452 of the Civil Code of the Russian Federation stipulates that termination of a contract by mutual agreement between the supplier and the customer must be formalized in writing. Information about such a document must be entered into the register of contracts within three days. This procedure is regulated by Article 103 44-FZ.

The procedure for terminating obligations in this case is not regulated in any way. Therefore, it is enough for the parties to adhere to the general recommendations prescribed in the Civil Code. The process will consist of the following steps:

1. One of the parties develops the text of the agreement. It must contain the details of the supplier and customer, the number and date of conclusion of the main contract, as well as the reason for the decision. The form of drawing up such a document should be similar to the contract itself.
2. The document, signed by the party who compiled it, is sent to the opponent. He studies the text and, in case of complete agreement, endorses it.
3. The customer enters information about the executed agreement into the contract register. The UIS should contain information about the date of termination of contractual obligations, grounds for termination of the contract, as well as details of the executed document. There is no need to describe the reason in detail. It is enough to enter the code “01”.

The contract is considered terminated from the moment it is signed by both parties. The date of execution of the document must be indicated in its text.

What consequences can termination of a contract by mutual consent have?

The consequences of termination of the contract by agreement of both parties are regulated by Article 453 of the Civil Code of Russia. The main result of this procedure is the absence of mutual claims against each other. All obligations are canceled. The only requirement that the customer can present to the supplier is the fulfillment of warranty obligations for goods or services that were previously supplied under the concluded contract.

The customer does not have the right to transfer information about the supplier to RNP in the event of termination of contractual obligations by mutual consent. The parties cannot demand the return of already fulfilled obligations.

An important issue is the procedure for returning contract security. It is legally stipulated that it is returned after the supplier has fully fulfilled its obligations. If the contract is terminated, the customer sometimes tries to keep the security deposit for himself. At the same time, it is based on the rules of the Civil Code of the Russian Federation and regards contract security as compensation for losses incurred as a result of the supplier’s failure to fulfill obligations. Such behavior by the customer may become a reason for the supplier to go to court and declare his opponent’s actions unlawful. Therefore, most often after termination of the contract, customers return the entire amount of the security.

In order to satisfy certain government needs, customers are required to carry out special procurement procedures, based on the results of which a special contract is signed, which serves as the basis for satisfying certain government needs. However, circumstances often arise due to which it is necessary to change the terms of the contract or terminate it completely.

How should such a change occur in accordance with the terms of Federal Law No. 44-FZ, and also what can be changed from the terms of the contract?

Changing the terms of a contract concluded in accordance with the provisions of Federal Law No. 44-FZ

In accordance with the provisions of Part 1 of this article, changes in the essential terms of the state contract are not allowed. However, if we are talking about a mutual decision to change the contract, then Article 95 speaks of the possibility of such a change, but subject to a number of conditions:

• changes in conditions, including significant ones, must be formalized in the form of a special additional agreement signed by both parties. The text of such an additional agreement must contain references to the rules of law that govern transactions when amending the current terms of the contract;
• a change in the terms of the contract is possible only if we are talking about a change in the volume of goods supplied or work performed or services provided within no more than ten percent, and such a change in the terms of the contract occurs at the initiative of the state customer;
• if we are talking about a change in the contract, which is carried out on the initiative of one of the parties to the agreement, but with such a price reduction there is no deterioration in the quality of the goods supplied or the volume of work performed or services provided;
• there has been a change in the contract price based on the relevant norm of the current legislation of the Russian Federation, if we are talking about the supply of goods, the prices of which are subject to state regulation;
• if we are talking about a contract that was concluded to meet state needs represented by a federal or regional government body, and the term of such a contract is at least three years, then a change in such a contract is possible only if the contract price for the goods provided under its terms, services or work cannot be left unchanged for the entire duration of such a contract. Amendments to such a contract can only be made on the basis of the documentary consent of the highest level of government in the field of public procurement at the federal or regional levels of government;
• if we are talking about making changes to the contract in terms of the cost of such a contract due to a decrease in funding under the used item of budget financing, provided that the state or municipal customer had funding reduced based on the provisions of the Budget Code of the Russian Federation.

Changing the deadlines for the execution of a contract is possible only if, by decision of the parties, a decision is made, which is documented in the form of justification for the need to change such a deadline.

In some cases, a change or termination of a government contract occurs on the basis of the provisions of Article 450 of the Civil Code. However, the use of this article is possible only if the change in the concluded government contract occurs on the basis of a special lawsuit that was filed by one of the parties participating in the contract.

Unilateral termination of a government contract under 44-FZ at the initiative of the customer

Termination of the contract can be carried out based on the decision of either the customer or the contractor. To carry out such a procedure, Article 95 of the Federal Law “On the Contract System” is used. However, it should be understood that in both cases we are talking about mandatory confirmation of the grounds for termination of any contract.

At the initiative of a government contract, a contract can be terminated if the customer himself confirms the grounds for such termination, for example, based on the results of an independent examination, which was designed to clarify the quality of the goods supplied, services provided, or work performed.

If the customer has decided to terminate the contract, within three days from the date of making the decision to terminate, he must post his decision in documentary form in. In addition, such a decision must be sent to the contractor under the contract in order to notify him of the customer’s decision.

Sending is possible only in the form of a registered letter with notification and a description of the attachment, or by telegram or by using fax. However, each of the listed methods must meet the main requirement - providing information about the date of sending and receiving such notification. If the specified requirements for delivery of notice by the customer are met in full, then this will be considered proper notice. In this case, the contractor will be able to challenge the termination of the contract only in court if he can prove that the decision was made by the customer unreasonably.

The customer’s decision to terminate the contract may enter into force ten days after proper notification of termination to the contract executor. Only after this the contract will be considered terminated.

The customer may terminate the contract if:

• if it turns out that the contractor himself or the goods or services provided by him do not meet the requirements that were formulated in the procurement documentation;
• the production of goods, provision of services or performance of work that must be carried out on the basis of a concluded government contract were carried out based on the results of the execution of a special investment contract, which was subsequently terminated;
• the government contract is terminated, which was concluded in accordance with clause 48 of part 1 of article 93 of Federal Law No. 44-FZ, that is, using the procurement mechanism from a single source. Termination of the contract in this case is possible if the supplier does not comply with the conditions of this paragraph of the specified federal law. The main parameters for such termination should be considered that the supplier is not a legal entity, or the contractor under the contract is not located in the region (does not have a legal address) in which the purchase is made.

The general procedure in this case is as follows:

1. The customer makes a decision to terminate the contract and formalizes such a decision in the form of a special document. As a rule, such a decision must be formalized in the form of a specially signed protocol of a meeting of a council of specially authorized persons to make key decisions on concluded contracts.
2. Notification of the contract executor about early termination of the concluded contract. The notice must be given properly, otherwise the termination of the contract may be challenged in court.
3. Publication of a notice of contract termination in the Unified Information System to notify all interested parties about the procedure being carried out.
4. Providing information about the contractor with whom the contract was terminated at the initiative of the customer to the Federal Antimonopoly Service for inclusion of such a contractor in the Register of Unfair Suppliers, if the reason for termination was the supplier’s failure to fulfill its obligations under the contract.

Termination of contract at the initiative of the contractor

The rules on the basis of which the contractor can initiate the termination of an existing government contract are provided for in Part 19 of Article 95 of the Federal Law “On the Contract System”.

This provision refers to Article 450 of the Civil Code of the Russian Federation, on the basis of which termination of a contract can be carried out due to the misleading performance of the contractor under the contract, the indication of untrue data on the part of the customer, or the evasion of the customer himself from fulfilling his obligations.

In order for termination of a contract, carried out at the initiative of the contractor, to be considered legal, the following actions must be taken:

1. Make a decision to terminate the contract and formalize it in the form of a special protocol of the meeting of responsible persons who have the right to make decisions regarding such a government contract.
2. Notify the customer of your decision to terminate the government contract in one of the ways provided for by the terms of such a contract (for example, by using a registered letter with notification and a list of attachments).
3. If for some reason a decision was made to cancel the termination procedure, within three days from the date of making such a decision, the executor of the state contract is obliged to notify the customer of his decision by sending the same notification in the proper manner.

If the decision to terminate the contract has not been withdrawn, then, as in the case of a similar action from the customer, the contract is considered terminated after ten days from the date of proper notification to the customer of the termination initiative.

Partial termination of the contract

Partial termination is one of the legal procedures that is provided for long-term government contracts. The use of such a procedure can occur both on the basis of the customer’s decision and on the basis of the contractor’s decision.

The reason for the partial termination procedure must be justified, since otherwise such a decision may be challenged.

Partial termination is typical, first of all, for cyclical contracts, for example, for the provision of one or another type of public services. The mechanism looks like this:

1. The party that initiates partial termination must justify its decision in the form of a specially prepared document, for example, minutes of a meeting of those responsible for concluding the contract.
2. Notifying the other party of termination of an existing government contract carried out in the manner provided for by the current legislation in the field of public procurement.
3. Termination of government contract in that part in respect of which the decision to terminate was made.

The peculiarity of partial termination of a contract is that the payment that must be received from the state customer to the contractor must cover only that part of the contract that was actually performed.

In addition, if partial termination was necessary (for example, due to a reduction in funding), then it will be quite difficult to challenge this decision of the initiator if no one was harmed by such termination.

A government contract, which is concluded as a result of a particular procurement procedure, can be changed or terminated at the initiative of both the customer and the contractor. However, in order to ensure that the result of the change or termination of the contract is not disputed, it is necessary to carefully comply with the provisions of Article 95 of Federal Law No. 44-FZ “On the contract system in the field of procurement.”

To terminate a government contract by agreement of the parties means to interrupt its execution before all obligations are fulfilled. The Civil Code and 44-FZ provide a special algorithm for this action. We will figure out how to terminate a government contract without errors, as well as draw up a sample agreement on termination of a contract by agreement of the parties to 44-FZ.

Termination of a contract is allowed under 44 Federal Laws by agreement of the parties, in court, and also provided for by the customer or supplier. Let's consider a case where the parties have come to a mutual decision that further fulfillment of the terms of the contract is impossible.

The concept of termination by agreement of the parties

The same template can also be used as a sample agreement on termination of a government contract under 44 Federal Laws.

Step 3. Return the collateral.

Upon termination of the contract by agreement of the parties, 44 Federal Laws and clause 2 of Art. 453 of the Civil Code prescribes the termination of all obligations under it. The term is indicated either in the contract itself or in the agreement to terminate the contract under 44 Federal Laws by agreement of the parties. Otherwise, the customer’s actions may be considered as unjust enrichment (clause 1 of Article 1102 of the Civil Code of the Russian Federation). The bank guarantee is non-refundable.

Step 4. Place information in the Unified Information System (UIS).

After the fact of termination of the contract under 44 Federal Laws by agreement of the parties, the procedure in the Unified Information System requires a set of certain actions.

Within five working days, information about this fact is posted in, with the exception of state secrets (Part 26 of Article 95). According to , posted within 7 working days from the date of termination of obligations.