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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 4, 2018 No. 783

About implementation by the customer of write-off of the amounts of the penalties (penalties, penalty fee) added to the supplier (the contractor, the contractor), but which are not written off by the customer in connection with non-execution or improper execution in 2015 and (or) 2016 of the obligations provided by the contract

According to part 42.1 of article 112 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" Government of the Russian Federation decides:

Approve the enclosed Rules of implementation by the customer of write-off of the amounts of the penalties (penalties, penalty fee) added to the supplier (the contractor, the contractor), but which are not written off by the customer in connection with non-execution or improper execution in 2015 and (or) 2016 of the obligations provided by the contract.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of July 4, 2018 No. 783

Rules of implementation by the customer of write-off of the amounts of the penalties (penalties, penalty fee) added to the supplier (the contractor, the contractor), but which are not written off by the customer in connection with non-execution or improper execution in 2015 and (or) 2016 of the obligations provided by the contract

1. These rules establish procedure and cases of implementation by the customer of write-off of the amounts of the penalties (penalties, penalty fee) added to the supplier (the contractor, the contractor), but which are not written off by the customer in connection with non-execution or improper execution in 2015 and (or) 2016 of the obligations provided by the contract (further - write-off of the added and outstanding amounts of penalties (penalties, penalty fee), in case of completion in full in 2015 or 2016 of execution by the supplier (the contractor, the contractor) of all obligations provided by the contract, except for warranty obligations.

2. Write-off of the added and outstanding amounts of penalties (penalties, penalty fee) is performed under contracts under which obligations are fulfilled in full, except for contracts under which in 2015 and (or) 2016 conditions about contract date, and (or) the contract price, and (or) the price of commodity unit, work, service, and (or) goods quantity, amount of works, the services provided by contracts are changed by agreement of the parties.

3. Write-off of the added and outstanding amounts of penalties (penalties, penalty fee) is performed by the customer in the following procedure:

a) if the total amount of the added and unpaid penalties (penalties, penalty fee) does not exceed 5 percent of the price of the contract, the customer performs write-off of the added and outstanding amounts of penalties (penalties, penalty fee);

b) if the total amount of the added and unpaid penalties (penalties, penalty fee) exceeds 5 percent of the price of the contract, but constitutes no more than 20 percent of the price of the contract, the customer performs write-off of 50 percent of the added and outstanding amounts of penalties (penalties, penalty fee) on condition of payment of 50 percent of the added and outstanding amounts of penalties (penalties, penalty fee) till January 1, 2017.

4. Write-off of the added and outstanding amounts of penalties (penalties, penalty fee) is performed based on the accounting data of the customer having documentary confirmation. The customer for the purpose of write-off of the added and outstanding amounts of penalties (penalties, penalty fee) provides reconciliation of settlings with the supplier (the contractor, the contractor) on the added and outstanding amounts of penalties (penalties, penalty fee).

5. In the presence of the document on the calculations for the added and outstanding amount of penalties confirmed with contract parties (penalties, penalty fee) the basis for decision making about write-off of the added and outstanding amount of penalties (penalties, penalty fee) is:

a) in the case provided by the subitem "an" of Item 3 of these rules - the execution by the supplier (the contractor, the contractor) of obligations (except for warranty obligations) under the contract in full in 2015 or 2016 supported by the acceptance act or other document;

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