Termination of the state contract by agreement of the parties. Termination of the state contract by agreement of the parties Failure to comply with the terms of the contract under 44 fz

Recently, in connection with the improvement of the institution of public procurement and the need to perform work (services), sell goods for the state, the number of contracts concluded has increased. However, the winners of the procurement procedure do not always fulfill their obligations under the state contract in good faith, which makes it necessary to apply penalties and other measures aimed at obliging the contractor to fulfill the contract or punish the perpetrators.

The liability measures of suppliers who have not fulfilled their obligations under the contract can be conditionally divided into 2 groups:

1. material;
2. Administrative and legal.

Material liability measures involve the recovery of losses, penalties, fines for failure to fulfill obligations under the contract.

Administrative and legal measures consist in the obligation to fulfill the contract (by a court decision), the termination of the state contract at the initiative of the customer, and the inclusion in the register of unscrupulous suppliers.

More often, suppliers (contractors) do not fulfill their obligations under the contract in terms of the performance of work (services), the supply of goods in full or in part.

In the event of such non-performance, the customer has a full arsenal of measures to protect his own rights: from the collection of a penalty to the termination of the contract. And these measures are sometimes used in combination.

Important! In case of non-fulfillment of the contract, customers decide to terminate the state contract on their own initiative.

The procedure for such termination is clearly defined by law. When making such a decision, within three days, the customer is obliged to post information about the termination on the official website and send it to the contract party by registered mail with notification. The decision of the state customer to terminate becomes effective 10 days after the supplier has been duly notified.

The law establishes the obligation of the customer to cancel the decision, if the supplier eliminates the violation of the contract in full within the specified period.

If the contract with the supplier is terminated unilaterally, then information about it is entered in the register of unscrupulous suppliers in the manner prescribed by law.

Another unfavorable consequence of non-fulfillment of obligations under the contract by the supplier is the possibility of collecting a penalty for late fulfillment of such obligations or a fine for non-fulfillment of obligations.

Important! The amount of the fine depends on the price of the state contract and is expressed as a percentage depending on the price of the contract: the higher the price of the state contract, the lower the percentage of the fine.

Important! The penalty is calculated according to a special formula specified in the government decree and depends on the price of the contract, the amount of actually fulfilled obligations and the period of delay.

It turns out that the higher the price of the contract and the longer the delay period, the greater the amount of the penalty.

In the event of non-fulfillment of the contract by the supplier, the state customer has the right to decide to file a claim with the court to recover from the supplier the losses caused by the non-fulfillment (improper fulfillment) of the contract. Such losses are considered to be the difference between the contract price offered by the supplier and the price at which the contract was actually executed by another person. Losses are sometimes equal to the cost of property damaged by the contractor (supplier), which, according to the contract, the customer transfers to perform work. In each case, losses are determined independently, based on the essence of the situation.

In practice, government customers in case of non-fulfillment of the contract by the supplier come to the decision to terminate the contract, submit information about such a supplier to the territorial OFAS, and collect the amount of fines and losses for non-fulfillment of obligations under the contract.

Important! A terrible ”consequence for the supplier is considered to be the inclusion in the register of unscrupulous suppliers, since in the next two years the supplier will not be able to fully participate in public procurement, since many customers set requirements for suppliers in the form of absence in the specified register.

ATTENTION! Due to recent changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below.

The date: 05.09.2017

At the end of August 2017, the Government of the Russian Federation established new rules for determining the amount of fines and penalties in the performance of contracts concluded under 44-FZ 1 . These rules have replaced the old ones established back in 2013 2 . Consider, taking into account what changes the size of fines will now have to be prescribed in contracts.

Differentiation of penalties depending on the price of the contract has become wider, while retaining the general logic "the higher the price, the lower the penalty percentage." Thus, for each fact of non-fulfillment or improper fulfillment by the supplier (contractor, executor) of the obligations stipulated by the contract, with the exception of the delay in fulfilling the obligations (including the warranty obligation) stipulated by the contract, the amount of the fine is set in the form of a fixed amount from 10% of the contract price (stage ), if the price of the contract does not exceed 3 million rubles, up to 0.1% of the price of the contract (stage), if the price of the contract exceeds 10 billion rubles. In total, 9 values ​​are provided, and in the previous rules there were 4 of them (from 10% to 0.5%). Please note that the new rules are not just about non-fulfillment or improper fulfillment of obligations, but about each fact of such an event, and a fine is provided for each such fact. We also note that now the amount of the fine is calculated not only from the price of the contract, but also from the price of a separate stage of the contract, if the contract provides for the stages of its execution.

A separate scale of fines is provided for suppliers (contractors, performers) executing a contract concluded as a result of direct targeted purchases from SMEs and SO NCOs 3 . This scale is both less differentiated and more "sparing" - for example, the maximum "penalty share" is only 3% of the contract (stage) price if the contract (stage) price does not exceed 3 million rubles. We note here one possible problematic point - the procedure for calculating the fine provides for a maximum contract price of 20 million rubles. (penalty of 1% of the contract price), since the NMCC in case of direct targeted purchases from SMP and SO NCOs cannot exceed this amount. However, 44-FZ allows, in certain cases, to increase the price of a concluded contract by 10% 4, so if, say, with such an increase, the price of the contract begins to exceed 20 million rubles, then there is uncertainty as to how much the fine should then be calculated.

In addition, if the contract provides for a condition on the civil liability of suppliers (contractors, performers) for failure to comply with the condition on the involvement of subcontractors (co-executors) from among the SMP and SO NCOs in the form of a fine for the execution of the contract, then the amount of the fine will have to be set at 5% from the volume of such attraction established by the contract.

A separate scale of fines has been introduced in respect of contracts concluded with the procurement winner who offered the highest price for the right to conclude a contract (such a case may occur during an electronic auction 5) - depending on the size of the NMTsK contract, the fine ranges from 10 to 1% of the size of the NMTsK .

Separate penalties are provided for each act of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of an obligation stipulated by the contract, which does not have a value expression (if there are such obligations in the contract). The size of the fine here is set in absolute terms, depending on the price of the contract, it ranges from 1 thousand to 100 thousand rubles. Special attention should be paid to the question of what kind of "non-value" obligations these may be. There are no explanations in this regard in the NLA under consideration, but according to common sense, such obligations may include, for example, obligations to deliver goods in their entirety, and not in parts; after the provision of services, within a certain period of time, provide the customer with documents confirming the fact of the provision of services, etc. In any case, it is advisable to explicitly indicate in the contract those obligations of the supplier (contractor, performer) established in it, in respect of which these penalties may be applied.

With regard to fines in relation to the customer, the new rules have changed the approach to determining their size - now they should be set not depending on a particular percentage of the contract price, but in specific absolute values. So, for each fact that the customer fails to fulfill the obligations stipulated by the contract, with the exception of the delay in fulfilling the obligations stipulated by the contract, the amount of the fine against the customer will be from 1 thousand rubles, if the contract price does not exceed 3 million rubles, up to 100 thousand rubles ., if the contract price exceeds 100 million rubles.

Simplified calculation of penalties in relation to suppliers (contractors, performers). Now it is simply accrued for each day of delay in the fulfillment by the supplier (contractor, performer) of the obligation stipulated by the contract in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force on the date of payment of the penalty fee from the contract price, reduced by an amount proportional to the volume of obligations stipulated by the contract and actually fulfilled supplier (contractor, performer). No complex calculations of the size of the penalty, as in the old rules, should no longer be applied. Recall that in relation to the customer, the amount of the penalty is determined in accordance with the rules specified directly in 44-FZ: the penalty is charged for each day of delay in fulfilling the obligation stipulated by the contract, starting from the day following the day following the expiration of the deadline for fulfilling the obligation established by the contract, and is established by the contract in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation effective on the date of payment of penalties from the amount not paid on time.

Also, the new rules establish that the total amount of the accrued penalty both in relation to the supplier (contractor, performer) and in relation to the customer cannot exceed the contract price.

In conclusion, we point out that the new rules for determining the amount of fines apply to relations related to the procurement of GWS for state and municipal needs, notices of the implementation of which are posted in the EIS in the field of procurement or invitations to participate in which are sent after the date of entry into force of the Government's decision RF, which approved these new rules. This resolution was officially published on the www.pravo.gov.ru portal on 09/01/2017 and enters into force 7 days after publication, that is, from 09/09/2017. Thus, starting from this date, when placing notices of procurement and related documentation in the EIS, it is necessary to ensure that the content of these projects complies with the new rules for determining the amount of fines.

1 Decree of the Government of the Russian Federation of August 30, 2017 No. 1042 “On approval of the Rules for determining the amount of a fine accrued in case of improper performance by the customer, non-performance or improper performance by the supplier (contractor, performer) of the obligations stipulated by the contract (except for the delay in the performance of obligations by the customer, supplier (contractor , executor), and the amount of the penalty charged for each day of delay in the performance by the supplier (contractor, executor) of the obligation stipulated by the contract to amend the Decree of the Government of the Russian Federation of May 15, 2017 No. 570 and to invalidate the Decree of the Government of the Russian Federation of November 25, 2013 No. 1063.

2 Decree of the Government of the Russian Federation of November 25, 2013 No. 1063 “On approval of the Rules for determining the amount of a fine accrued in case of improper performance by the customer, supplier (contractor, performer) of the obligations stipulated by the contract (with the exception of delay in the fulfillment of obligations by the customer, supplier (contractor, performer), and the amount of penalty charged for each day of delay in the performance by the supplier (contractor, performer) of the obligation stipulated by the contract.

3 In accordance with paragraph 1 of part 1 of Art. 30 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.

4 pp. "b" p. 1 h. 1 art. 95 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.

5 In accordance with Part 23 of Art. 68 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.

A Guide to Procurement Disputes:

1. The contract is concluded on the terms stipulated by the notice of procurement or an invitation to take part in determining the supplier (contractor, performer), procurement documentation, application, final offer of the procurement participant with whom the contract is concluded, except for cases in which, in accordance with This Federal Law does not provide for a notice of a procurement or an invitation to participate in the selection of a supplier (contractor, performer), procurement documentation, an application, or a final offer. In the case provided for by Part 24 of Article 22 of this Federal Law, the contract must contain the procedure for determining the quantity of goods supplied, the volume of work performed, services rendered on the basis of customer requests.

ConsultantPlus: note.

Until 10/01/2019, it is allowed to change the price of a contract concluded before 01/01/2019 within the limits of the VAT increase for goods, works, services with acceptance after 01/01/2019, if the increased VAT is not provided for by the contract (Article 112 of this Law).

2. When concluding a contract, it is indicated that the price of the contract is fixed and is determined for the entire period of performance of the contract, and in the case provided for by Part 24 of Article 22 of this Federal Law, the prices of units of goods, work, services and the maximum value of the contract price are indicated, as well as in in cases established by the Government of the Russian Federation, the estimated value of the contract price or the price formula and the maximum value of the contract price established by the customer in the procurement documentation are indicated. When concluding and executing a contract, changing its terms is not allowed, except for the cases provided for by this Article and Article 95 of this Federal Law. If the draft contract provides for separate stages of its execution, the price of each stage is set in the amount reduced in proportion to the decrease in the initial (maximum) price of the contract by the procurement participant with whom the contract is concluded.

(see text in previous edition)

3. Features of determining the price of a state contract for the supply of goods, performance of work, provision of services under the state defense order, taking into account the requirements provided for by part 2 of this article, may be established by Federal Law No. 275-FZ of December 29, 2012 "On the state defense order".

4. The contract shall include a mandatory condition on the responsibility of the customer and the supplier (contractor, performer) for non-fulfillment or improper fulfillment of the obligations stipulated by the contract.

5. In case of delay in the fulfillment by the customer of the obligations stipulated by the contract, as well as in other cases of non-fulfillment or improper fulfillment by the customer of the obligations stipulated by the contract, the supplier (contractor, performer) has the right to demand payment of penalties (fines, penalties). The fine is accrued for each day of delay in fulfilling the obligation stipulated by the contract, starting from the day following the day of expiration of the term for fulfilling the obligation established by the contract. Such a penalty is established by the contract in the amount of one three hundredth of the key rate of the Central Bank of the Russian Federation in force on the date of payment of penalties from the amount not paid on time. Penalties are charged for improper fulfillment by the customer of the obligations stipulated by the contract, with the exception of the delay in fulfilling the obligations stipulated by the contract. The amount of the fine is established by the contract in the manner established by the Government of the Russian Federation.

(see text in previous edition)

6. In case of delay in fulfillment by the supplier (contractor, performer) of obligations (including the warranty obligation) stipulated by the contract, as well as in other cases of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of the obligations stipulated by the contract, the customer sends the supplier (contractor, contractor) the requirement to pay penalties (fines, penalties).

(see text in previous edition)

(see text in previous edition)

7. The penalty is accrued for each day of delay in the performance by the supplier (contractor, executor) of the obligation stipulated by the contract, starting from the day following the date of expiration of the deadline for fulfilling the obligation established by the contract, and is established by the contract in the amount of one three hundredth of the key rate of the Central Bank effective on the date of payment of the penalty the Russian Federation from the contract price, reduced by an amount proportional to the volume of obligations stipulated by the contract and actually performed by the supplier (contractor, performer), unless the legislation of the Russian Federation establishes a different procedure for calculating penalties.

(see text in previous edition)

8. Penalties are charged for non-fulfillment or improper fulfillment by the supplier (contractor, performer) of obligations stipulated by the contract, except for the delay in fulfillment by the supplier (contractor, performer) of obligations (including a warranty obligation) stipulated by the contract. The amount of the fine is established by the contract in the manner established by the Government of the Russian Federation, except in cases where the legislation of the Russian Federation establishes a different procedure for calculating fines.

(see text in previous edition)

9. A party shall be exempted from paying a penalty (fine, penalty) if it proves that the failure to perform or improper performance of an obligation stipulated by the contract occurred due to force majeure or through the fault of the other party.

10. It is allowed to conclude contracts for the supply of technical means for the rehabilitation of disabled people, the creation of several works of literature or art, the performance of scientific research work or the provision of services in the field of education or services for sanatorium treatment and rehabilitation, services for the organization of children's recreation and their rehabilitation, in including the provision of vouchers, with several procurement participants. In this case, the right to conclude a contract with several procurement participants is established by the customer in the procurement documentation.

11. For customers to make purchases, federal executive authorities, the State Atomic Energy Corporation "Rosatom", the State Corporation for Space Activities "Roscosmos", which carry out legal regulation in the relevant field of activity, develop and approve standard contracts, standard terms of contracts that are placed in a single information system and make up a library of standard contracts, standard conditions of contracts. In the absence of such standard contracts, standard terms of contracts, the corresponding standard contracts, standard terms of contracts may be developed and approved by the federal executive body for regulating the contract system in the field of procurement. The procedure for the development of standard contracts, standard conditions of contracts, as well as cases and conditions for their application are established by the Government of the Russian Federation.

(see text in previous edition)

12. If the contract is concluded for a period of more than three years and the price of the contract is more than one hundred million rubles, the contract must include a schedule for the execution of the contract.

13. The contract includes mandatory conditions:

1) on the procedure and terms of payment for goods, work or services, including taking into account the provisions of Part 13 of Article 37 of this Federal Law, on the procedure and terms for the customer to accept the delivered goods, work performed (its results) or services rendered in terms of their compliance with quantity, completeness, volume to the requirements established by the contract, on the procedure and deadlines for formalizing the results of such acceptance, as well as on the procedure and deadlines for the supplier (contractor, performer) to provide warranty obligations in the event that, in accordance with Part 4 of Article 33 of this Federal Law, requirements for their provision;

(see text in previous edition)

2) on reducing the amount payable by the customer to a legal entity or individual, including those registered as an individual entrepreneur, by the amount of taxes, fees and other obligatory payments to the budgets of the budget system of the Russian Federation related to the payment of the contract, if in accordance with the legislation of the Russian Federation on taxes and fees, such taxes, fees and other obligatory payments are payable to the budgets of the budgetary system of the Russian Federation by the customer.

(see text in previous edition)

13.1. The term for payment by the customer of the delivered goods, work performed (its results), services rendered, individual stages of the execution of the contract must be no more than thirty days from the date of signing by the customer of the acceptance document provided for by Part 7 of Article 94 of this Federal Law, unless a different period payment is established by the legislation of the Russian Federation, the case specified in Part 8 of Article 30 of this Federal Law, as well as cases when the Government of the Russian Federation, in order to ensure the defense capability and security of the state, has established a different payment period.

(see text in previous edition)

14. The contract may include a condition on the possibility of unilateral refusal to perform the contract in accordance with the provisions of Parts 8-25 of Article 95 of this Federal Law.

(see text in previous edition)

15. When concluding a contract in the cases provided for in paragraphs 1, , , , , , , , , , , , , , , , - 53 of part 1 of article 93 of this Federal Law, the requirements of parts 4 - , - of this article may not be applied by the customer to the specified contract. In these cases, the contract may be concluded in any form provided for by the Civil Code of the Russian Federation for transactions.

(see text in previous edition)

16. In cases established by the Government of the Russian Federation, the customer has the right to conclude a contract providing for the purchase of goods or work (including, if necessary, the design, construction of an object that should be created as a result of the work), subsequent maintenance, repair and, if necessary, operation and (or) disposal of the delivered goods or the object created as a result of the performance of the work (life cycle contract).

(see text in previous edition)

16.1. The subject of the contract may be the simultaneous execution of work on the design, construction and commissioning of capital construction projects. The procedure and grounds for concluding such contracts are established by the Government of the Russian Federation.

17. If the Government of the Russian Federation, in accordance with Part 1 of Article 111 of this Federal Law, has decided in relation to a specific procurement that additional conditions for its execution should be included in the contract, including those not related to the subject of the contract, the procurement documentation must contain information about such additional conditions.

18. When concluding a contract, the customer, in agreement with the procurement participant with whom the contract is concluded in accordance with this Federal Law, has the right to increase the quantity of goods supplied by an amount not exceeding the difference between the contract price proposed by such a participant and the initial (maximum) contract price ( lot price), if this right of the customer is provided for by the procurement documentation. At the same time, the price of a unit of goods should not exceed the price of a unit of goods, defined as the quotient of dividing the contract price specified in the application for participation in the tender, request for proposals or proposed by the auction participant with whom the contract is concluded, by the quantity of goods indicated in the notice of procurement .

(see text in previous edition)

(see text in previous edition)

22. The contract may be declared invalid by the court, including at the request of the control body in the field of procurement, if the personal interest of the head of the customer, a member of the procurement commission, the head of the contract service of the customer, the contract manager in the conclusion and execution of the contract is established. Such interest lies in the possibility for the specified officials of the customer to receive income in the form of money, valuables, other property, including property rights, or services of a property nature, as well as other benefits for themselves or third parties.

(see text in previous edition)

23. If the initial (maximum) price of the contract when purchasing goods, work, services exceeds the amount established by the Government of the Russian Federation, the contract must indicate the obligation of the supplier (contractor, performer) to provide information on all co-executors, subcontractors who have concluded the contract or contracts with a supplier (contractor, performer), the price of which or the total price of which is more than ten percent of the contract price.

24. The information specified in part 23 of this article is provided to the customer by the supplier (contractor, performer) within ten days from the moment he concludes an agreement with a co-executor, subcontractor. At the same time, the contract must provide for liability for failure to provide the specified information by collecting from the supplier (contractor, performer) a penalty in the amount of one three hundredth of the key rate of the Central Bank of the Russian Federation in force on the date of payment of the penalty from the price of the contract concluded by the supplier (contractor, performer) with the co-executor , a subcontractor in accordance with this part. Penalty shall be charged for each day of delay in the performance of such an obligation.

Federal Law No. 44 regulates the relationship between the customer and the service provider. It establishes the obligations of both parties, and in case of violation of agreements, fines are provided for under 44 Federal Laws. In 2019, the bill underwent significant changes.

The improper fulfillment by the parties of the terms of the contract has been legally regulated since 2013, when the project was approved by the State Duma. The last revisions were made in 2018. One of the main innovations was the transition to electronic procurement.

From July 1, 2018, customers can take advantage of different types of competitions, and from January 1, 2019, the electronic form will become the only possible one. This makes the conclusion of contracts easier and more transparent, but tenderers will be required to be accredited and registered in the Unified Information System.

The introduction of an electronic form of procurement involves additional changes to the draft law:

• the application will be secured not only with the use of funds, but also with a bank guarantee (the innovation allows to increase the number of participants in the competition);
• security will not be required if the amount of the initial maximum contract price does not exceed 5 million rubles. If it ranges from 5 to 20 million, a guarantee of 0.5 to 1% of the initial cost is required. If the maximum price exceeds 20 million, the security can be up to 5%;
• The next requirement concerns the posting of collateral. Bidders were required to send funds to special accounts that must be opened in banks for these purposes. Each account can only be used for one contract.

An unpleasant innovation will be that the operators of electronic platforms will be empowered to collect funds for participating in public procurement. Prior to this, bidding was free.

The formula for calculating fines under Federal Law 44 in 2019

What are the penalties under 44 FZ

Tender participants do not always act strictly within the framework of the rules established by law. Often there are cases when the customers themselves or service providers do not fulfill their obligations.

In this case, the Code of Administrative Offenses (Code of Administrative Violations) provides for penalties and some other administrative penalties against the violator. There are two most common types of violations:

• incomplete fulfillment of the terms of the contract, for which the customer has the right to demand a penalty (the product or service does not match what was indicated in the contract);
• failure to meet deadlines, for which a penalty is also imposed (if the delay was due to the fault of the supplier, and not the customer).

Fines are set depending on the degree of violation.

Liability for breach of contract

Suppliers are obliged to fully comply with the conditions specified in the contract. Deviations are not allowed as they are considered a violation. The amount of the fine is calculated as a percentage of the cost of the tender itself or fixed penalties are applied.

Until the last changes in the legislation, the sphere of public tenders remained unprotected. The amendments now provide for liability for:

• officials of official departments;
• specialized companies;
• persons included in the composition of the commission for the implementation of public procurement;
• operators of electronic platforms;
• all participants in the transaction.

Violations are cumulative, and the amount of the fine increases. It is possible to terminate the contract in case of non-compliance with its terms.

Fines for customers

Violations occur not only on the part of suppliers of goods or services, but also among customers, although less frequently. Most often, the following non-compliance with the established rules occurs:

• incorrect choice of the method for determining the contract executor;
• incorrect form of tendering;
• non-compliance with the deadline for the return of funds aimed at securing the auction.

The minimum fine for officials is 5 thousand rubles. and can reach several hundred thousand rubles for legal entities.

Supplier penalties

The largest fine is provided for those suppliers who refuse to sign the contract, if the object of the contract is defense goods that have no analogues, or the supplier is the only one who can ensure the supply of goods for the defense industry in the required volume.

In this case, fines are set for officials and for legal entities. An enterprise or company will have to pay up to 1 million rubles.

The supplier is obliged to provide exactly the goods referred to in the contract. For example, you cannot transfer to the customer products whose year differs from that established by the contract. Depending on the severity of the violation, a fine is provided in the amount of 5 to 15% of the value of outstanding obligations.

Punishment for missed deadlines

The total amount of penalties is affected by the duration of the failure to meet deadlines. For each day of delay, the supplier will have to pay a penalty.

If the delay is less than 2 days, a penalty in the amount of 3 thousand rubles is charged. (except for defense orders, where even a slight delay will have to pay 30 thousand).

In the future, the amount of the penalty will increase. Operators of electronic platforms are required to follow the law, which will be fined 15 thousand rubles for non-compliance with the blocking period.

Table of fines under 44 Federal Laws as amended in 2019

For non-compliance with the rules established by law, both the customer and the service provider face serious sanctions. Check out the full list of penalties, which includes a table of fines under 44 FZ with changes this year.

Download the official text of Law No. 44

In order not to end up in a situation in which penalties will be imposed, it is necessary to follow the legislative norms and follow the latest changes in the project revisions. To do this, we suggest downloading the official text of Law No. 44.

How to pay a fine under 44 FZ

The customer, who is not satisfied with the performance of the contract (conditions are violated, deadlines are broken), has the right to go to court demanding to recover a penalty from the supplier. This must be done before the statute of limitations expires (3 years). The court makes a decision, according to which the offender is fined, and makes a decision to transfer the established amount to the customer's account.

Federal Law No. 44 fully regulates the obligations of both parties involved in procurement. Violation of the established rules is fraught with impressive monetary sanctions, both for the customer and for the supplier.