Dismissal by agreement of the parties: we part amicably. Additional agreement on termination of the contract Terminate the agreement on termination of the contract

It often happens that the employee and the employer, for whatever reason, do not want to continue cooperation.

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The best way out in this situation would be parting under paragraph 1 of Art. 77 of the Labor Code of the Russian Federation - agreement of the parties.

This method of terminating work is quite common, and therefore it is worth understanding its features.

What does the law say?

Dismissal by mutual agreement of the parties is based on Article 78 of the Labor Code of the Russian Federation.

It says that such a separation from the employer is possible at any time. For this, a special document is drawn up: an agreement to terminate the contract, confirming the voluntary decision to part with both parties.

If additional payments are provided for at the termination, this should be indicated in the agreement, as well as the exact date of payment.

The obligatory nature of such payments upon separation by agreement of the parties is not established by law - this is the result of agreements between the parties.

When and with whom is it possible?

This type of termination of the contract is possible if both parties do not object to the termination of the employment relationship.

This is confirmed by the signing of an agreement to terminate the contract by both parties.

Mutual consent of the parties is a universal way of dismissal, it is suitable for all types of contracts and the characteristics of employees and employers.

• main employees and part-time workers;
• temporary workers;
• minor employees and pensioners;
• disabled people;
• pregnant women and persons with children.

How is dismissal by agreement of the parties formalized?

Documentation

The document confirming the termination of the contract by agreement of the parties is a document signed by the employee and the employer.

Sample document:

This document can be drawn up both in advance and on the day of dismissal.

The date of parting, which is also the last day of work, must be written in the document. It also indicates the conditions for terminating the relationship: compensation, additional payments, if any, and the period for their transfer.

The agreement form can be downloaded here:

Information about such an agreement is recorded in the registration log.

Document example:

The second document may be a statement that an employee writes with a request to fire him but this article, but you can do without it.

In the order to terminate the contract under Art. 77 clause 1 (consent of the parties) there are several differences from the order initiated by one party:

• the basis is the agreement of the parties;
• article - paragraph 1 of article 77 of the Labor Code of the Russian Federation.

The employee gets acquainted with the order under the signature in the usual manner.

Order example:

How to enter in the work book?

If the contract is terminated by agreement of the parties, the following entry is made in the work book: “Dismissed by agreement of the parties, clause 1, part 1, art. 77 of the Labor Code of the Russian Federation”.

This option is also possible: “The labor contract is terminated by agreement of the parties, clause 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation”.

As in other cases of dismissals, the employee must familiarize himself with the record under the signature.

An example of a workbook:

When an employee is dismissed under such an article, the employer retains one copy of the agreement, the original order, and the employee’s statement, if any.

Payments and compensation

Upon termination of cooperation by agreement of the parties, as with any other, the employer pays the employee the usual calculation upon dismissal - payment for days worked and.

Very often, in order to reach a mutual agreement, the employer and the employee agree on the payment of an additional allowance upon dismissal by mutual agreement.

It is worth noting that this payment is not mandatory and is not provided for by law.

Payment terms

Just as in other cases, the calculation of the dismissed employee must be made on the day of dismissal, either by transferring funds to the employee's current account, or in cash through the cash desk of the enterprise.

If the agreement provides for additional payments, the term for their transfer should be indicated in the text of the agreement.

Can a termination agreement be cancelled?

A feature of dismissal under such an article is the mutual consent of the employee and the employer.

When concluding an agreement on termination of cooperation, both parties act, therefore, the cancellation of the agreement is possible only by mutual agreement.

Example:

Foreman Mikhailov did not work well with the head of the facility. Constant conflicts interfered with normal work. In agreement with the management of the company, he was offered to resign by agreement of the parties with the payment of one salary. Mikhailov agreed by signing an agreement to terminate the employment contract. However, the very next day he changed his mind and turned to the personnel department with a statement about the cancellation of the agreement.

His request was denied, and the dismissal took place.

Neither party has the right to unilaterally revoke the agreement after it has been signed.

Dismissal of pregnant women

Pregnant women are protected by law in their rights, and their dismissal always raises many doubts.

However, by agreement of the parties may be dismissed.

To confirm the woman’s voluntary desire to quit under this article, you should receive her handwritten application with a request to dismiss her and an explanation of the reason for such a decision - this may be the inability to work in this position for health reasons, relocation or a decision to work at home for another employer.

Example:

Painter Krasnova, being pregnant, decided to stop working and quit. The employer offered her to transfer to light work with the preservation of average earnings, but she refused, as it was difficult for her to get to work for health reasons. Krasnova turned to the employer with a request to dismiss her by agreement of the parties with a payment in the amount of three average salaries. The employer considered it possible to satisfy the request, and Krasnova was fired.

Important: Dismissal by agreement of the parties is not a case of dismissal at the initiative of the employer, therefore, pregnant women can also be dismissed in this way.

Annual leave followed by dismissal

Vacation, after which the contract is terminated, is also possible if the parties agree.

If an employee wants to exercise his right to take a vacation before dismissal, he must write an appropriate application.

The application is drawn up in the name of the General Director with an approximate text: “I ask you to provide me with paid leave from March 01, 2019 for 15 calendar days, followed by dismissal by agreement of the parties.”

In this case, the date of dismissal becomes the date of the last day of his vacation.

Before the vacation, the employee must return the work book and pay all the funds due to him.

Can such an entry in the labor force affect further employment?

If you were fired on the basis of "agreement of the parties", this usually does not cause much suspicion during interviews. But, nevertheless, one must be prepared to answer questions about the reasons for such a decision and about who was the initiator.

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Sample termination agreement

The mutual consent of the parties as a document must be drawn up in writing and in copies that are multiples of the number of parties (usually 2 pieces). After signing, one of them remains with the customer, the second - with the supplier. Both such agreements are completely identical for each of the parties and have equal legal effect.

At the legislative level, there are no mandatory requirements for such documents, but in practice, some rules have nevertheless been developed.

The agreement states:

• contact information for both parties;
• the fact of a mutual agreement with reference to specific legislative acts (Article 450 of the Civil Code of the Russian Federation and 44-FZ);
• the volume of obligations of each of the parties that were actually fulfilled, as well as their monetary equivalent;
• the remaining amount within the framework of obligations that have been fulfilled;
• the period during which it is necessary to return the funds that were previously paid as an advance payment (ensuring compliance with the terms of the state contract);
• an indication of the fact that the parties do not have any claims against each other;
• details of each of the participants in legal relations on the state contact, signatures of representatives.

ATTENTION! View the completed sample agreement on termination of the contract by agreement of the parties under 44-FZ:

In what form is an agreement to terminate a document drawn up?

Particular attention should be paid to clause 1.Art. 452 of the Civil Code of the Russian Federation. This rule tells us that the consent of the parties to terminate the contract must be signed in the same form as the contract itself.

This means that if there was, for example, state registration or notarization of the transaction, then with the consent to terminate, the same actions must be performed.

The exception is cases of signing a compensation agreement. In such a situation, the above rule does not apply, since the execution of a compensation is an independent transaction, the consequence of which is the termination of the relationship between the parties due to a certain requirement of the law, and not due to the opinion of the parties.

Remember! Violation of the rules regarding the form of voluntary consent of the parties to terminate the contract may entail a number of consequences:

• non-conclusion of an agreement on the basis that the voluntary consent of the parties is not fully proven ( ruling of the Moscow City Court under the number 4g-741/2016 dated February 2, 2016);
• invalidity of the document signed by the parties (resolution of the Arbitration Court of the Moscow District in case No. А41-82273/2015 dated September 21, 2016).

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Algorithm for the termination procedure

Step 1. Determine the reasons for termination

A directly listed list of reasons for the possible termination of the state contract is not provided.

But, again, the practice has developed the following grounds for terminating the relationship between the customer and the supplier:

• no need for further deliveries of goods or the provision of a specific type of service. For example, the supply of food for workers will decrease in volume due to staff reductions;
• force majeure - situations in which the supplier, regardless of his will, will not be able to fulfill the terms of the state contract (fire, flood, natural disaster, etc.).

It is also possible to sign an agreement to terminate the contract under 44-FZ if the supplier does not fulfill or poorly fulfills the terms of the contract. For example, violation of deadlines, product quality, etc.

Important! The refusal of the state customer from services unilaterally will lead to bringing the other party to responsibility (a fine, penalties, compensation for losses or lost profits, entering into the register of suppliers that violate the terms of cooperation), and with the mutual, voluntary consent of the parties, punishment can be avoided.

Step 2. Proper execution of the agreement on termination of the state contract

At this stage, it is necessary to draw up and sign a document stating that the parties mutually agree to terminate the relationship between themselves under a specific supply or service agreement.

It is also necessary to point out the fact that from the moment of signing such an agreement, the parties in relation to each other cease all rights and obligations.

Step 3. Collateral return

Under the state contract, as well as under any other contract, it is possible to make an advance payment. The termination of the relationship between the customer and the supplier leads to the return of the security under the contract (ie prepayment). Such rules are enshrined in paragraph 2 of Art. 453 of the Civil Code of the Russian Federation.

The refund period is specified in the agreement or in the contract itself. If the prepayment is not returned, the supplier's actions will be considered as illegal enrichment without any grounds (clause 1, article 1102 of the Civil Code of the Russian Federation).

Attention! An exception to the rule is a bank guarantee, it is not returned under any circumstances.

Step 4. Posting information about the termination of the contract in a special information data exchange system (EIS)

Within one working day from the date of signing the consent of the parties to terminate the contract, the parties are obliged to place information on the termination of legal relations in the Unified Information System. An exception is a contract, the content of which is a state secret.

Within the next working week, a report on the implementation of all clauses of the contract should be published on the same portal. This rule is enshrined in Decree of the Government of the Russian Federation under the number 1093 of November 28, 2013.

Watch the video. Termination of the contract by agreement of the parties (44-FZ):

The nuances of terminating the contract by agreement of the parties under 44-FZ

The law establishes a number of nuances regarding the procedure and conditions for concluding an agreement on the termination of legal relations between a customer and a supplier. For example, parts 9 and 10 of Article 94 of this regulatory legal act regulate the obligation of the ordering party to place on the Internet on the official website all information about the termination of the state contract in the form of a report.

Important! In the EIS, the customer must gradually publish all information on the progress of the execution of the contract, as well as on the work performed, services rendered or products delivered.

In most detail, such a report should include information on:

• during the execution of the contract, i.e. that the goods have been delivered or the service has been performed, as well as the requirements for meeting deadlines and compliance with the schedule;
• non-fulfillment or improper fulfillment of the terms of the state contract by the customer. With references to the clauses of the contract that were violated;
• responsibility of the customer for the committed violations;
• the facts of termination or amendment of the contract with the disclosure of the reasons for such actions.

Legislation

Part 8 of Article 95 44-FZ indicates the possibility of termination of the state contract by agreement of the parties. The termination of the relationship between the parties is also permissible due to the refusal to fulfill the terms of the contract by one of the parties, but only by virtue of the decision of the judge.

Part 1 of Article 160 of the Civil Code of the Russian Federation defines a transaction and says that it must be carried out by drawing up a document in writing, followed by its signature by the parties entering into legal relations.

At the same time, in cases provided for by law, it is allowed to use an electronic digital signature or its other facsimile reproduction. This rule is indicated to us by part 2 of article 160 of the Civil Code of the Russian Federation. As a result, we conclude that the use of an electronic digital signature is equivalent to a transaction in a simple written form.

As already mentioned, by virtue of Part 1 of Art. 452 of the Civil Code of the Russian Federation, agreement to terminate the contract must be carried out in the same form as the contract itself between the parties, unless, based on law or business custom, it is impossible to do otherwise.

Analyzing the above, we recall once again that the termination of the contract by the voluntary consent of the parties must be formalized in a simple written form.

procedures for termination of contractual relations will be discussed in the article. You will learn when the parties can use such an agreement and what they need to do in doing so.

How to terminate a transaction according to the norms of Art. 450 of the Civil Code of the Russian Federation

Termination of a transaction by agreement of the parties is relevant only for contracts in which a period of validity is established, as well as for those contracts that do not terminate with the fulfillment of obligations under them. For open-ended contracts, the legislator provides for the possibility of unilateral refusal to execute them with a notice to the other party, for example, a month in advance.

The agreement of the parties indicates that both parties do not object to the severance of relations. If one of the parties does not express its consent, then the contract is subject to termination only through the court. At the same time, this agreement is intended to regulate certain aspects of the early termination of the transaction.

By signing the agreement, the parties can confirm that they have no mutual claims, or vice versa, indicate the fact that there is a debt under the obligation and it must be fulfilled within a certain period. In this case, one of the parties, signing the agreement, also recognizes itself as a debtor.

Registration of termination of the contract by agreement of the parties

This agreement must be executed in the same form as the contract itself. So, if the parties limited themselves to a simple written form, then it will be enough for them to put their signatures and seals under the text of the agreement. If the agreement between them was notarized, then the agreement will have to be taken to the notary, but not necessarily the same as last time. The situation is the same with state registration: if the contract has been registered, then any additional agreements to it, including its early termination, are subject to entry into the register.

Don't know your rights?

In the agreement itself, the parties must indicate the date from which their legal relationship terminates. This may also include conditions that the parties consider necessary for documentary confirmation in the event of a break in relations. To simplify the drafting of such an agreement, you can use one of the samples posted on the Internet, simply by entering the details of the agreement and the parties, as well as the conditions under which the transaction is terminated.

If, at the conclusion of the contract, property was transferred to one of the parties under the act of acceptance and transfer, then in addition to the agreement, an act of reverse acceptance and transfer is drawn up, where the state in which the property is returned is recorded.

Consequences provided for by the Civil Code of the Russian Federation for termination of the contract

These consequences are spelled out in Art. 453 of the Civil Code of the Russian Federation. With the termination of the contract, the obligations under it also cease. In the example of a lease, this means that the tenant must move out of the premises, but he does not have to pay more rent. With the termination of the contract, the party does not have the right to demand what has already been performed by him.

But at the same time, you can demand to apply the consequences of unjust enrichment. For example, under a supply contract, payment for the next batch was made in advance, but the shipment itself did not occur. This money can be claimed back.

Termination of the contract, if both parties agree with it, occurs by signing the relevant agreement. Early termination of legal relations allows the parties to terminate the fulfillment of obligations assumed at the conclusion of the contract. If the parties still have claims against each other, then they can resolve them even after the termination of the contract.

Sometimes it happens that a previously concluded cooperation agreement between several parties ceases to suit anyone before the expiration of the term. Working conditions change, company management or other circumstances are present - in such cases it is required to terminate the contract by drawing up a new document regulating the termination of joint activities. According to legal requirements, this procedure has its own specifics, which must be followed to prevent violations. Inconsistent actions can lead to a number of problems that organizations will face if they decide to unilaterally change the terms of the contract or completely refuse the services of the second party partner.

The main way to terminate cooperation is to draw up an agreement to terminate the contract. The paper is drawn up on the basis of the consent of both parties to change the working conditions or terminate joint activities - without the approval of representatives of the companies, such a procedure is not supported by legal force. It is also possible to take the necessary actions through the courts, but most enterprises prefer not to delay this, since claims are associated with additional financial costs.

The termination procedure begins with the submission of an offer by a legal or natural person. If the other party agrees with this decision, then a special document is drawn up Agreement on termination of the contract. In other cases, the case may reach litigation, and then it is far from certain that the initiator of termination of the contract will win. Unlike a release document, joint activities upon signing an agreement to terminate the contract are terminated from the day the paper is signed by representatives of both companies.

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Basic moments

It should be remembered that the agreement on termination of the contract has a free wording, which must correspond to the document drawn up earlier. To be more precise, the agreement itself is drawn up in a similar vein to the contract, then attached to the main paper and stored with the form for the required period.

From the moment of signing the additional agreement on termination of the contract, all points of cooperation specified in the contract are considered fulfilled. In other words, the parties cannot then make any demands on their former partner! Very often, organizations make mistakes, as the conflicts that arise lead to serious problems. One company requires another to perform additional actions, although their activities are no longer supported by legal papers.

After drawing up an additional agreement on termination of the contract, we can talk about the implementation of only a few points described in the current legislation of the Russian Federation:

• Warranty obligation and other actions that are of a specific nature;
• Regulating the behavior of organizations after the signing of an agreement to terminate the contract;
• Debt that is held by one company owed to another.

An example is the following situation: one organization sold a certain amount of goods to another, having received payment for it. But the delivery of products was not completed, as the parties were engaged in signing an agreement to terminate the contract. In this case, the manufacturing company is obliged to complete the procedure for transporting the goods to the buyer, since the payment for it has already been made. In other cases, if the supplier refuses to fulfill its direct obligation, the partner party may file a claim with the court and recover material compensation from the manufacturer for the time spent and moral damage.

Document requirements and a sample agreement to terminate the contract

There are a number of requirements regarding the sample agreement on termination of the contract, which must be observed by absolutely all individuals and legal entities operating in the territory of the Russian Federation.

When compiling a document, you should follow a number of rules:

• At the very top, information about the employee companies is written (you should follow the type of indication of the names of the companies that is present in the contract itself);
• Next, you should identify the contract that is being terminated - its number, date of preparation and signing, name, and so on are indicated;
• The date from which the agreement will be declared invalid is indicated (usually the phrase “from the moment the parties sign this agreement” is written here);
• Next, it must be indicated that the parties have no claims against each other and all the conditions prescribed in the contract are considered to be fulfilled. If the transaction was only partially completed, then this must be specified in the official document;
• The number of copies of agreements is indicated (sometimes it is required to draw up an additional form, which is handed out to third parties);
• The details of the parties are registered;
• Signatures are put and agreements are handed out to the parties-employees.

In general, a sample agreement on termination of the contract can be drawn up in a different order, and the points described above are purely advisory in nature. Depending on the specifics of cooperation, the document may be supplemented with other points, which are indicated by competent lawyers involved in the procedure for terminating cooperation.

Agreement to terminate the lease agreement

The most common situation in which an agreement is drawn up to terminate the contract by agreement of the parties is the absence of the need for one company to rent a private area owned by another organization. The financial crisis, a change in the type of activity and the location of the main office, or a violation of the terms of cooperation lead to the fact that the company no longer needs to rent a retail space. And then there is a procedure for drawing up a document regulating the termination of joint activities.

When planning the termination of work with the further drawing up of an agreement on termination of the contract by agreement of the parties, the tenant sends a letter with a corresponding request. This letter is the basis for starting the procedure for terminating joint activities and serves as the basis for filing a request with the court if the other party refuses to sign the document or simply does not respond to notifications.

The following information must be included in the lease termination agreement:

• Name of the property (for example, an area in a shopping center with its name);
• Full address of the object;
• Leased area (in square meters);
• Cadastral number.

A sample termination of a lease agreement by agreement of the parties may, like other documents, contain specific clauses that relate to a particular case. If the parties to cooperation consider it appropriate to mention other information, then it may be contained in the official form and has the same legal force as the points described above.

It must be remembered that the termination of the contract by agreement of the parties occurs in writing and is subject to state registration, if required by the current lease agreement. In other cases, you can do without registration by putting a signature under the main block, and on this the cooperation between the two companies will be considered completed.

Termination of the employment contract by agreement of the parties

Another popular request for termination of the contract by agreement of the parties is the situation when an employee of the company wants to change his job. To do this, he also has to go through a certain procedure with obtaining consent from the employer.

The procedure for terminating an employment contract by agreement of the parties occurs according to the following methodology:

• If the initiator is an employee of the company, then he will need to send appeals to the administration of the company in order to obtain written consent to terminate cooperation from the immediate supervisor;
• If the initiative comes from the employer himself, then it is not necessary to receive a written agreement from the employee - you can get by with an oral agreement;
• The employee's application is registered in the company's internal documentation journal;
• The agreement is printed in duplicate and sealed with the signatures of the parties.

Unlike the agreement to terminate the lease agreement, the document described above is considered completed when the former employee of the company receives full payment for the work performed earlier. There are situations when the employer wants to save money and does not want to pay his already former subordinate a well-deserved salary, and then the latter may go to court with a request to recover the debt and compensate for the moral damage received.

Legal consequences after signing the termination agreement

Violation of the order of termination of cooperation between several parties may lead to certain consequences for the offending company. According to the current legislation, joint activities can be terminated only by agreement of the parties or in court if a certain dispute has arisen.

One of the parties to cooperation may demand material compensation for its property or goods that were received by the other party after the termination of joint activities. It is also possible to claim compensation for additional losses if they were caused as a result of a change in the terms of the contract or its complete termination without obtaining the consent of the other party. The same rule applies to employment contracts that cannot be terminated until the moment when the employee fails to fulfill his obligations in work, up to a certain point, and the employer does not pay for the services received.

Generally speaking, judicial practice shows that each contract is terminated in a certain order, depending on the specifics of the activities of the parties to cooperation and the chosen area of ​​business. In each case, a certain responsibility is assumed for unilateral termination of work or violation of other conditions prescribed in the cooperation agreement.

Requirements for a termination agreement

In accordance with the 1st paragraph of Article No. 452 of the Civil Code of the Russian Federation, agreements on termination of the contract must be drawn up in the same manner as the contract itself. For example, if the parties signed a document on cooperation without a notary component, then the agreement on the termination of work also does not need a similar clause. If the joint activity began only from the moment of passing the procedure for state registration of the contract, then the agreement must also go through the appropriate procedure, and the cooperation itself is terminated only after the additional form has passed the same registration.

The second important aspect is the fact of the presence of an agreement between the parties terminating cooperation. An agreement can be drawn up unilaterally only if violations of the terms of the agreement by one of the parties are detected. This option provides for a mandatory appeal to the court, where the issue of termination of joint work and, possibly, the recovery of compensation for the injured party will be considered.

As mentioned above, an agreement to terminate cooperation between several parties will not be recognized as valid if the document does not contain detailed information about the companies. The name of firms, their legal and physical addresses, full names of managers and other information are necessary not only to identify the parties, but also for the smooth passage of a court case if the termination of the contract occurs with the involvement of state courts.

The agreement will also need to include mandatory clauses that will indicate the following:

• Have the parties reached an agreement on the issue of termination of cooperation in accordance with Article 77 (first part) of the Labor Code of the Russian Federation or the relevant articles of the Civil Code;
• What date of termination of cooperation will be convenient for the partner parties (the day of termination of joint work is equal to the date of signing the agreement or the moment when the document has passed the state registration procedure);
• Personal data of representatives of the parties who put their signatures in the agreement.

It is also particularly important that the parties do not have claims against each other, which can be expressed both in property and purely financial form or in the form of lost services. If there are any, then the requirement to fulfill them is legally justified and may lead to certain consequences for the party that has not fully fulfilled its obligations.

If you have not figured out what and how to do to terminate the contract by agreement of the parties, please contact our free support. The UHELP operator will respond within 5 minutes. You can apply through an online consultant on the site by filling out the form under the article or by calling the numbers listed at the beginning of the article.

Results

As can be understood from all of the above, it is impossible to terminate a cooperation agreement between several companies without meeting a number of certain requirements. Former partners must:

1. First, to fulfill all the obligations assumed.
2. Secondly, notify the other party of the intention to terminate cooperation.
3. Thirdly, justify the desire to stop working together.

As a rule, most contracts, whether it is an employment agreement or a document granting the right to use private property for commercial purposes, are drawn up for a long period. Termination of a joint activity may occur if one of the parties ceases to be satisfied with the working conditions or unforeseen circumstances arise that force the company or individual to stop their activities. Then it is possible to draw up an agreement to terminate the contract in writing, and if the parties do not need to go to court, then their joint activities are terminated without any consequences.

If one of the parties to a previously concluded agreement comes to the conclusion that further cooperation is inappropriate, then it can offer its counterparty to sign an agreement to terminate the agreement. Such a step will allow early cancellation of the original document. Moreover, this will be done with the mutual consent of both parties to the agreement.

The essence of the problem

Any agreement concluded between the parties may be changed or terminated for one reason or another. An entire Chapter 29 is devoted to this circumstance in the Civil Code of Russia. It discusses in detail all cases in which counterparties can make such decisions.

To begin with, it is worth noting that Russian civil law is based on the principle of prohibiting the termination of contractual obligations unilaterally. This action can be done in two ways:

1. By agreement of the parties. This option follows from the principle of freedom to conclude any contract.
2. At the request of one of the parties. Sometimes this leads to termination of the agreement based on a court decision. This is how the problem is solved if the violation committed by one of the counterparties is considered significant, or if such actions are directly provided for by law.
3. Unilaterally on the basis of the law or the agreement itself (clause 3 of article 450 of the Civil Code of the Russian Federation).

In most cases, the parties seek to agree among themselves, and for this they need to draw up an agreement to terminate the contract. Having full legal force, this document will make it possible to terminate between them those civil law relations that were provided for by the main agreement concluded earlier.

Design rules

The Civil Code has a single mechanism by which the parties can, by mutual agreement, be released from the fulfillment of previously assumed contractual obligations. It is based on the mechanism of sending and receiving two documents: an offer and an acceptance. The first of them is issued in the form of a proposal to terminate cooperation. It can be in the form of an application or notice. The text of the offer contains a clear justification of the reasons why one of the parties is unwilling or unable to fulfill the obligations assumed earlier. The reason for this may be unforeseen circumstances that have arisen or dissatisfaction with the actions of the counterparty. The notification must be sent by mail to the actual or legal address of the partner specified in the agreement.

The other party must respond to the received application within 30 days. If she agrees, she signs the offer and sends it to the opposing party to draw up an agreement. The second document (acceptance) will be an addition that completely cancels the effect of the previously concluded agreement. Terms and other circumstances of the parties stipulate in the agreement.

Legal Consequences

From the very moment the agreement on termination of the contract is signed, all obligations that the parties previously assumed are considered fulfilled. If desired, you can also provide a different date for the termination of the relationship. To do this, it must be clearly indicated in the text of the agreement.

In addition, after termination of the original contract, conditions continue to apply that help:

• document all unresolved moments of the transaction (letters of guarantee and other appeals);
• settle the relationship between the parties (for example, return the equipment or premises that are the subject of the lease).

It should also be taken into account that the fact of termination of the transaction does not immediately release the parties from fulfilling their obligations. For example, a supplier delivered a consignment of goods after the partners signed an agreement to terminate civil law relations between themselves. If an agreement on this receipt was concluded long before the parties came to such a decision, then the counterparty is simply obliged to pay for the delivered goods. In addition, none of the parties on the basis of paragraph 4 of Art. 453 of the Civil Code of the Russian Federation cannot demand the return of what was done before the entry into force of the signed agreement.

Terms and subject of the agreement

In order to conclude any contract or agreement, the parties by law, as a rule, must first stipulate its terms and subject matter. To terminate civil law relations, it is necessary to act in the same way.

Since, by its nature, such an agreement is an ordinary contract, it is first necessary to determine its essential conditions. This is necessary to confirm the validity of the document and achieve in the future the desired legal consequences, which are its legal purpose. The essential criterion of this agreement and its species-forming feature is a clear focus on the termination of existing contractual relations. From this it is clear that the condition for terminating the fact of cooperation for such a document is necessary.

In addition, it must be remembered that the agreement on termination of the contract is drawn up at a time when the parties have not yet fully fulfilled their obligations. Therefore, essential for such an agreement will be the conditions that determine the consequences to which this action is directed. The subject of such an agreement will be the very fact of termination of the contractual relationship between the parties.

Rules for compiling a document

In order to correctly draw up such a document, it is necessary to take into account all the requirements for the process of canceling any relationship of mutual cooperation. This is the only way to avoid possible mistakes and misunderstandings. A sample agreement to terminate the contract can be considered as an example when both parties act by mutual agreement.

First, it must be remembered that such a document is drawn up after receiving a response to a previously sent notification. By this time, all ways of resolving possible claims should also be stipulated. Secondly, you need to understand that the new agreement is very similar in structure to the previously concluded agreement, as it contains the same main points and provisions. This document must contain the following required information:

1. Name, place and date of compilation.
2. Preamble, in which it is desirable to name the parties as they are in the main contract. Its number and date are also indicated here, that is, the fact of identification is made.
3. Next comes the main part, in which it will be necessary to reflect all the most important points. The first step is to determine the date of termination of the previously concluded agreement. It will be considered the moment of entry into force of this document. If by this time the terms of the contract have already been fulfilled, then it can be noted that the parties do not have any claims against each other. It is also necessary to stipulate the possibility of returning what has already been executed or not delivered at the moment.
4. The number of copies of the drawn up agreement is indicated, and it is also noted who will have them.
5. The final item is the addresses and details of the parties.
6. The signatures of each party to the agreement are mutually certified by seals.

If necessary, supplements may be attached to such a document. For example, when terminating a lease, it is also required to draw up an act of acceptance and transfer. Considering the fact that there are no mandatory conditions for drawing up such an agreement at the legislative level, the parties can prescribe in it any points expressing their mutual intentions.

Mandatory addition

Any transaction can be officially terminated only if there is an appropriately executed main contract. Therefore, such an agreement between the parties will be its integral part. Hence, it would be logical to refer to this document as an additional agreement on termination of the contract.

This emphasizes its accessory nature in relation to the main contractual obligation. Therefore, the existence of the original contract is a necessary condition for the implementation of this transaction. Otherwise, such an agreement cannot be considered. It will be completely pointless, since, in fact, there is nothing to terminate in the end.

In principle, there are no special requirements for the design of such a document. It may be in written, printed or electronic form. The main thing is that such an agreement should be similar in format to the main agreement. Moreover, it must not be ambiguous. All conditions in it must be specified clearly, clearly and understandably.

It should be separately noted in the text that the established new conditions completely cancel the previous ones noted in the main contract and make them invalid. It is also necessary to take into account the fact that if the original contract was once subject to state registration, then the agreement will have to go through the same procedure.