ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 30, 2017 No. 1042

About approval of Rules of determination of the size of the penalty charged in case of improper execution by the customer, non-execution or improper execution by the supplier (the contractor, the contractor) of the obligations provided by the contract (except for delays of obligation fulfillment by the customer, supplier (the contractor, the contractor), about modification of the Order of the Government of the Russian Federation of May 15, 2017 No. 570 and recognition No. 1063 which voided Orders of the Government of the Russian Federation of November 25, 2013

According to article 34 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:

1. Approve enclosed:

Rules of determination of the size of the penalty charged in case of improper execution by the customer, non-execution or improper execution by the supplier (the contractor, the contractor) of the obligations provided by the contract (except for delays of obligation fulfillment by the customer, supplier (the contractor, the contractor);

changes which are made to the order of the Government of the Russian Federation of May 15, 2017 No. 570 "About establishment of types and amounts of works on construction, reconstruction of capital construction projects which the contractor shall execute independently without involvement of other persons to execution of the obligations under the state and (or) municipal contracts, and on modification of Rules of determination of the size of the penalty charged in case of improper execution by the customer, supplier (the contractor, the contractor) of the obligations provided by the contract (except for delays of obligation fulfillment by the customer, supplier (the contractor, the contractor), and the size of the penalty fee charged for each day of delay of execution by the supplier (the contractor, the contractor) of the obligation provided by the contract" (The Russian Federation Code, 2017, No. 21, of the Art. 3022).

2. Declare invalid the order of the Government of the Russian Federation of November 25, 2013 No. 1063 "About approval of Rules of determination of the size of the penalty charged in case of improper execution by the customer, supplier (the contractor, the contractor) of the obligations provided by the contract (except for delays of obligation fulfillment by the customer, supplier (the contractor, the contractor), and the size of the penalty fee charged for each day of delay of execution by the supplier (the contractor, the contractor) of the obligation provided by the contract" (The Russian Federation Code, 2013, No. 48, the Art. 6266).

3. This resolution is applied to the relations connected with implementation of purchases of goods, works, services for ensuring the state and municipal needs, notices on which implementation are placed in unified information system in the sphere of purchases or invitations to take part in which are sent after day of entry into force of this resolution.

Approved by the Order of the Government of the Russian Federation of August 30, 2017 No. 1042

Rules of determination of the size of the penalty charged in case of improper execution by the customer, non-execution or improper execution by the supplier (the contractor, the contractor) of the obligations provided by the contract (except for delays of obligation fulfillment by the customer, supplier (the contractor, the contractor)

1. These rules establish procedure for determination in the contract of the size of the penalty charged for improper execution by the customer of the obligations provided by the contract, except for delays of obligation fulfillment, provided by the contract and the size of the penalty charged for non-execution or improper execution by the supplier (the contractor, the contractor) of the obligations provided by the contract, except for obligation fulfillment delays (including the warranty obligation), provided by the contract (further - penalty).

2. The size of penalty is established by the contract according to Items 3 - 9 these rules, except for case, stipulated in Item 13 these rules, including is calculated as contract price percent or if the contract provides stages of execution of the contract as percent of stage of execution of the contract (further - the price of the contract (stage).

3. For each fact of non-execution or improper execution by the supplier (the contractor, the contractor) of the obligations provided by the contract, except for obligation fulfillment delays (including the warranty obligation), provided by the contract, the size of penalty it is established in the following procedure (except as specified, provided by items 4 - 8 these rules):

a) 10 percent of the price of the contract (stage) if the price of the contract (stage) does not exceed 3 million rubles;

b) 5 percent of the price of the contract (stage) if the price of the contract (stage) constitutes from 3 million rubles to 50 million rubles (inclusive);

c) 1 percent of the price of the contract (stage) if the price of the contract (stage) constitutes from 50 million rubles to 100 million rubles (inclusive);

d) 0,5 of percent of the price of the contract (stage) if the price of the contract (stage) constitutes from 100 million rubles to 500 million rubles (inclusive);

e) 0,4 of percent of the price of the contract (stage) if the price of the contract (stage) constitutes from 500 million rubles to 1 billion rubles (inclusive);

e) 0,3 of percent of the price of the contract (stage) if the price of the contract (stage) constitutes from 1 billion rubles to 2 billion rubles (inclusive);

g) 0,25 of percent of the price of the contract (stage) if the price of the contract (stage) constitutes from 2 billion rubles to 5 billion rubles (inclusive);

h) 0,2 of percent of the price of the contract (stage) if the price of the contract (stage) constitutes from 5 billion rubles to 10 billion rubles (inclusive);

i) 0,1 of percent of the price of the contract (stage) if the price of the contract (stage) exceeds 10 billion rubles.

4. For each fact of non-execution or improper execution by the supplier (the contractor, the contractor) of the obligations provided by the contract signed by results of determination of the supplier (the contractor, the contractor) according to Item 1 of part 1 of article 30 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" (further - the Federal Law), except for obligation fulfillment delays (including the warranty obligation), provided by the contract, the size of penalty is established in the amount of 1 percent of the price of the contract (stage), but no more than 5 thousand rubles and at least 1 thousand rubles.

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