ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 4, 2018 No. 783

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

The government of the Russian Federation decides:

Approve the enclosed Rules 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 of the obligations provided by the contract.

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

Rules 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 of the obligations provided by the contract

1. These rules establish procedure and cases 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 of the obligations provided by the contract (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;

c) in 2021 and 2022 obligations were not fulfilled in full in connection with essential increase in 2021 and 2022 of the prices of construction resources which entailed contract impossibility of performance the supplier (the contractor, the contractor);

d) obligations were not fulfilled in full on origin in case of execution of the contract of the circumstances which are not depending on the contract parties attracting impossibility of its execution without change of conditions in connection with mobilization in the Russian Federation, introduction of political or economic sanctions the foreign states making unfriendly actions concerning the Russian Federation, citizens of the Russian Federation or the Russian legal entities (further - sanctions), and (or) with introduction by foreign states, national associations and (or) the unions and (or) the public (interstate) institutions of foreign states or national associations and (or) unions of measures of restrictive nature (further - measures of restrictive nature).

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 the penalties (penalties, penalty fee) except as specified provided by subitems "v" - "d" 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), except as specified, provided by subitems "v" - "d" 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);

d) 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 essential increase in 2021 and 2022 of the prices of construction resources which entailed contract impossibility of performance the supplier (the contractor, the contractor), the customer performs write-off of the added and outstanding amounts of penalties (penalties, penalty fee) during the period from the date of the conclusion of the contract before date of submission of the subitem "an" of Item 2 of the order of the Government of the Russian Federation provided by the paragraph the fifth of August 9, 2021 No. 1315 "About introduction of amendments to some acts of the Government of the Russian Federation" proposals of the supplier (the contractor, the contractor) on change of essential terms of the contract in connection with essential increase in the prices of the construction resources which are subject to delivery and (or) use in case of execution of such contract with appendix of information and documents, proving such offer;

e) 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 mobilization in the Russian Federation, imposition of sanctions and (or) measures of restrictive nature, 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 supported by the acceptance act or other document;

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