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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 2016 and 2020 of the obligations provided by the contract which are not written off by the customer in connection with non-execution or improper execution in 2015,

(as amended of the Order of the Government of the Russian Federation of 26.04.2020 No. 591)

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 2016 and 2020 of the obligations provided by the contract which are not written off by the customer in connection with non-execution or improper execution in 2015,.

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 2016 and 2020 of the obligations provided by the contract which are not written off by the customer in connection with non-execution or improper execution in 2015,

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 2016 and 2020 of the obligations provided by the contract which are not written off by the customer in connection with non-execution or improper execution in 2015, (further - write-off of the added and outstanding amounts of penalties (penalties, penalty fee).

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, on which:

a) in 2015, 2016 and 2020 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;

b) in 2020 obligations were not fulfilled in full in connection with origin not depending on the supplier (the contractor, the contractor) of the circumstances which entailed contract impossibility of performance in connection with spread of new koronavirusny infection.

3. Write-off of the added and outstanding amounts of penalties (penalties, penalty fee) is performed by the customer in the following case and 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) except for the case provided by the subitem "v" of this Item;

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, 2021, except for the case provided by the subitem "v" of this Item;

c) if unpaid penalties (penalties, penalty fee) are added owing to non-execution by the supplier (the contractor, the contractor) of contract obligations in connection with emergence of the circumstances which are not depending on it which entailed contract impossibility of performance in connection with spread of new koronavirusny infection, the customer performs write-off of the added and outstanding amounts of penalties (penalties, penalty fee).

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, 2016 or 2020 supported by the acceptance act or other document;

b) in the case provided by the subitem "b" of Item 3 of these rules in addition to the documents specified in the subitem "an" of this Item - information of the administrator of budget receipts (the budget of state non-budgetary fund of the Russian Federation) on transfer by the paid supplier (the contractor, the contractor) of the amounts of penalties (penalties, penalty fee) in the budget (the budget of state non-budgetary fund of the Russian Federation) (if the added and outstanding amount of penalties (penalties, penalty fee) arose before the state (municipal) customer) or information on transfer of the means paid by the supplier (the contractor, the contractor) on customer account, autonomous organization or the legal entity (if the added and outstanding amount of penalties (penalties, penalty fee) arose before budgetary institution, state, municipal unitary enterprise, and also autonomous organization in cases of implementation of purchases by it according to part 4 or the legal entity in cases of implementation of purchases by it according to parts 4(1) and 5 of article 15 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs");

c) in the case provided by the subitem "v" of Item 3 of these rules - the execution (in the presence) the supplier (the contractor, the contractor) of contract obligations in 2020 supported by the acceptance act or other document and the reasons for the circumstances which entailed contract impossibility of performance in connection with spread of new koronavirusny infection, provided by the supplier (the contractor, the contractor) to the customer in writing with appendix of supporting documents (in case of their availability).

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